SEPTEMBER 24, 2013 Page 1 of 33 11 A.1 - CW Overview of the Woodlands Conservation By-law + Weed Act Enforcement County Council September 24, 2013
SEPTEMBER 24, 2013 Page 2 of 33 11 A.1 - CW Agenda 1. By-law History 2. County’s By-law 3. The Challenges 4. + The Weed Act 5. Discussion
SEPTEMBER 24, 2013 Page 3 of 33 11 A.1 - CW History of Conservation By-Laws • Following European settlement, Southern Ontario was largely deforested for timber and potash production and cleared for agriculture. • The regulation of tree removal on private property was a response to widespread flooding and erosion in the early 1900s caused by this deforestation. • Counties Reforestation Act (1911), Tree Conservation Act (1946), the Tree Act (1950), etc.
SEPTEMBER 24, 2013 Page 4 of 33 11 A.1 - CW History of Conservation By-Laws • The estimated amount of woodland cover within Middlesex has significantly changed : • 1851 above 80% • 1951 below 10% • 2011 almost 15% • There are currently approximately 42,000 hectares (104,000 acres) of woodlands within Middlesex County.
SEPTEMBER 24, 2013 Page 5 of 33 11 A.1 - CW History of Conservation By-Laws • Many complex and inter-related environmental, economic, and cultural benefits of woodlands including: – Clean water – Erosion prevention – Storm water retention and flow reduction – A biologically diverse ecosystem with over 2/3 of terrestrial wildlife relying on woodlands – Renewable raw materials production and diversified farm income from timber harvest
SEPTEMBER 24, 2013 Page 6 of 33 11 A.1 - CW History of Conservation By-Laws – Air quality improvement as air pollutants linked to respiratory and cardiovascular diseases are filtered – Carbon storage related to climate change – The County Official Plan places an emphasis on the protection of the natural environment, including woodlands, as being tied to the preservation of agricultural land and the agricultural economy – Temperature abatement – Many more …
SEPTEMBER 24, 2013 Page 7 of 33 11 A.1 - CW History of Conservation By-Laws • Woodlands Conservation By-laws are now passed under the Municipal Act to ‘prohibit or regulate the destruction or injuring of trees’ on private property. • To prevent deforestation, overharvesting and to promote good forestry practices. • Most municipalities in Southern Ontario have by-laws.
SEPTEMBER 24, 2013 Page 8 of 33 11 A.1 - CW History of Conservation By-Laws May Not Be Current
SEPTEMBER 24, 2013 Page 9 of 33 11 A.1 - CW History of County’s Conservation By-Law • In 1986, By-Law 4672 was passed by the County under the Trees Act and approved by the Minister of Natural Resources to ‘restrict and regulate the destruction of trees’. • The purpose of By-law 4672 was to ‘maintain and improve the forest, game and fish resources of the County by preserving and improving woodlands’. • In 2001 the Trees Act was repealed and the Municipal Act was amended to include Woodlands Conservation.
SEPTEMBER 24, 2013 Page 10 of 33 11 A.1 - CW History of County’s Conservation By-Law • Section 135 of the Municipal Act authorizes local municipalities and/or counties to prohibit or regulate the destruction or injuring of trees. • County Council passed By-law 5738 in 2004. • By-law 5738 was developed with nearby Counties as a means of standardizing by-laws in this region, however the area by- laws are not identical.
SEPTEMBER 24, 2013 Page 11 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • By-law 5738 defines woodlands based on area and meeting certain Diameter at Breast Height (DBH) tree measurement thresholds. • No person may injure or destroy living trees within regulated woodlands unless it is done in accordance with: – Good Forestry, or – Circumference Limit, or – As a result of an ‘exemption’ • Does not apply to singular trees, for example, in urban areas.
SEPTEMBER 24, 2013 Page 12 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • Selective cutting / commercial timber harvest is permitted within regulated woodlands under either Good Forestry or Circumference Limit practices. • Good Forestry harvesting is where a woodlot is marked by professional forester to enable the forest to maintain ecological processes and wildlife habitats. • Good Forestry encourages sustainable forest management by improving forest health and forest products over time.
SEPTEMBER 24, 2013 Page 13 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • Circumference Limit harvesting allows trees of a minimum size be harvested, subject to detailed requirements. • Circumference Limit harvesting is the more traditional approach to woodland management but is generally considered less desirable than Good Forestry harvesting because it removes the largest and best trees and is typically more aggressive. • Good Forestry harvesting is generally considered the better approach for managing Southern Ontario woodlands.
SEPTEMBER 24, 2013 Page 14 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • The Woodlands Conservation Officer, appointed by Council, administers and enforces the By-Law. • A Notice of Intent (NOI) for selective cutting / commercial timber harvest must be filed with the Officer no less than 14 days prior to the start of any destruction or injury of trees. • NOI are reviewed by the Woodlands Conservation Officer and inspections before and after harvesting are often carried out to ensure compliance.
SEPTEMBER 24, 2013 Page 15 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 Notice of Intents Received Year Received Acres 2007 111 2566 2008 108 2220 2009 79 1338 2010 73 1763 2011 60 1261 2012 125 2713 2013 130 2800* * projected: 105 NOI and 2220 Acres as of Sept 17 th
SEPTEMBER 24, 2013 Page 16 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • On average, about 2,000 acres of woodlands are selectively harvested in the County each year. • The estimated annual timber volume exceeds 3,000,000 fbm (foot board measure). • The estimated annual value of the harvest is in excess of two million dollars. • An important component of the local economy.
SEPTEMBER 24, 2013 Page 17 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • The By-law also provides exemptions for certain activities that can cause the destruction of trees, including: – A licensed aggregate pit or quarry – Cutting of trees for own use (firewood) by a property owner that has owned the lands for at least two years – Municipal Drain maintenance – Where County Council approves an exemption – Others… • The Conservation Officer should be consulted prior to the destruction or injury of regulated woodlands.
SEPTEMBER 24, 2013 Page 18 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • County Council has the authority to grant exemptions to the By-law to allow a property owner to clear woodlands. • This is seldom exercised: – eight applications since 2006 By-law enacted – seven have been granted – total of 14 acres; less than 2 acres per year on average • County Council has established a policy of ‘no net loss’ when considering exemptions, requiring the re-planting of an equivalent area.
SEPTEMBER 24, 2013 Page 19 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • If the re-planting of an equivalent area cannot practically be undertaken, Council can instead permit clearing subject to money being paid into the Tree Bank Reserve Account. • Fee is currently set at $2000 per acre (increased in 2011). • Given the few applications for exemptions approved, the current Tree Bank Reserve Fund balance is $3000. • This money is to be used for tree planting or related activities.
SEPTEMBER 24, 2013 Page 20 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • While most landowners and the logging industry generally comply with the By-law, there are some cases where enforcement of the by-law, including legal prosecution is necessary. • The County averages less than one prosecution annually. • It is a time extensive and costly legal undertaking for all parties, and often leaves both parties with an unsatisfactory resolution.
SEPTEMBER 24, 2013 Page 21 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • Penalties can include re-planting, fines, prohibition orders, etc. • Fines per count are not more than $10,000 on first conviction and up to $25,000 per count on second conviction. • Prosecutions typically require not only the Officer’s time, but also the hiring of a Registered Professional Forester as well as legal counsel.
SEPTEMBER 24, 2013 Page 22 of 33 11 A.1 - CW Woodlands Conservation By-Law 5738 • Approximately $90,000 annual cost to administer the By- law including 80% of Woodlands Officer’s time. • Back-up arrangements have been made with Elgin County, however this is infrequently used. • The County takes an ‘active’ approach to By-law monitoring and enforcement, with over 350 woodlot inspections undertaken annually.
SEPTEMBER 24, 2013 Page 23 of 33 11 A.1 - CW The Challenges • Succession planning. • Passive vs Active By-law monitoring. • Cost of By-law administration. • MNR downsizing their forestry services. • Increasing land prices may increase pressure for woodlot clearing and for timber harvests. • Invasive species such as the Hickory Bark Beetle and the Emerald Ash Borer. • Updates to the Conservation By-law.
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