Legislating local tree conservation

Excerpt

FORESTS play an important role in recharging groundwater, augmenting streamflow, and preventing soil erosion as well as providing numerous other social, economic, and environmental benefits. Recognizing these values, the Province of Ontario first attempted to legislate tree conservation in the 1871 Tree Planting Act. By 1950, this and two other mandates were incorporated into what is now the Trees Act.

The Trees Act is provincial legislation that enables county-level municipalities to establish bylaws or ordinances and employ enforcement personnel for the conservation of trees. The ordinances state that tree cutting on private land must satisfy certain requirements to receive county approval. Originally designed to apply to rural woodlots of two acres or more, the ordinances, as of June 1979, may apply to woodlots of any size.

The Trees Act describes the limited authority within which county ordinances must function. This prevents ordinances from unduly encroaching upon other statutory authorities and private property rights. The act defines an offense, sets forth limits to the penalties that can be applied, and provides for reforestation of denuded land. It also describes the process for granting minor exceptions to an ordinance.

The sum and substance

Twenty of 37 municipalities in southern Ontario have …