Tree Protection Bylaws in Identified Urban Expansion Areas

Year
2015
Number
B39
Sponsor(s)
Courtenay

WHEREAS regional districts are prohibited by law from creating tree protection bylaws; AND WHEREAS unincorporated areas of regional districts include working forests, which are regulated provincially both on public and private land, precluding local or regional regulation: Therefore be it resolved that UBCM call on the Province to permit regional districts to institute tree protection bylaws in identified urban expansion areas.

Provincial Response

Ministry of Community, Sport Cultural Development The Local Government Act LGA provides for a range of regulatory powers for regional districts. Regional districts can use development permit powers and tree cutting permits to limit the cutting of trees related to environmental protection and hazard protection issues. Municipalities have the same LGA development permit powers, but under the Community Charter, they have broader powers to regulate, prohibit and impose additional requirements related to trees. For example, some municipal tree protection bylaws require protection, removal, replanting and replacement of trees. The consideration of expanding regional districts powers to regulate tree cutting in rural areas designated for urban expansion, should be balanced with support for working forests on private and Crown land. The Ministry recognizes that regional districts can face unique challenges that may require customized solutions. The Ministry has noted that the issue of tree protection is of particular interest for regional districts and will continue to seek to refine legislation for regional districts as issues arise and as legislative priorities warrant.

Convention Decision
Endorsed