Whereas regional districts currently have no regulatory authority to prevent tree cutting except as it relates to areas affected by flooding or other hazards; And whereas municipalities have broad powers to regulate tree protection under Section 83c and Division 7 of the Community Charter, including bylaws for protection, removal, replanting, and replacement of trees; And whereas some regional districts, particularly regional districts experiencing development pressure, share similar concerns as municipalities with respect to protecting trees: Therefore be it resolved that UBCM urge the provincial government to provide regional districts authority over tree cuttingtree protection that is equal to the regulatory power municipalities have for tree protection.
Ministry of Municipal Affairs The Ministry of Municipal Affairs understands that tree cutting regulation authority continues to be of concern to regional districts and the issue has been the subject of past UBCM resolutions. The Ministry is aware that regional districts have raised concerns about tree management and that increased development and the resulting increase in tree logging on private lands continues to present challenges. Municipal councils have a broad authority to regulate, prohibit and impose requirements in relation to trees. This authority is consistent with the broad regulation making authorities municipal councils have under the Community Charter. However, the authority to regulate tree cutting within municipal boundaries does not extend to regulating forestry-type activities. Regional districts and the Islands Trust already have the authority to regulate tree cutting under certain circumstances as part of their land use regulatory powers. Specifically, tree cutting can be regulated by designating development permits areas and designating tree cutting permit areas on land that may be subject to flooding, erosion, land slip or avalanche. The Ministry continues to consider the inclusion of the issue for further policy work, recognizing that any additional authorities will have to considered within the special context of regional districts. This policy work would seek to understand the full range of implications, including climate change considerations and consistency around forestry practices on private land within the province. The Ministry welcomes further discussion from individual communities or regional districts to better understand their challenges, desired objectives, and the perceived limitations of the current tree protection authorities. Engagement with the Ministry of Forests is ongoing, and any legislative changes will need to consider the outcomes and any recommendations from the Private Managed Forest Land Program PMFL Review and how best to address local government concerns for land not registered in the PMFL Program. The Ministry of Forests will begin Phase 2 of the PMFL Program Review following the development of the Watershed Security Strategy process so that any changes contemplated for the PMFLA are consistent with it.