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Township to redraft tree preservation bylaw
By Liz Dadson

Huron-Kinloss council

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It's back to the drawing board for Huron-Kinloss Township's tree preservation bylaw.

The bylaw was originally drafted to protect the bluffs along the shores of Lake Huron, and covered the lakeshore urban area and the Environmentally-Protected (EP) zones. It would come into effect when cutting five or more trees and had steps for issuing permits, stop work orders, and an appeal process.

However, it raised a lot of concerns for area farmers who found it too restrictive for managing their woodlots.

At the council meeting last night (April 18), four delegations came forward, asking for clarification about the proposed bylaw.

Frank Martens-Oberwelland, who lives on the 6th concession, said he has trees along his fence line that need pruning. "It's ridiculous that I have to get somebody out to permit that," he said.

He said the Bruce County tree bylaw is perfectly adequate without a township bylaw.

"I want to control the work I do in my woodlot," he said. "To get enough firewood, I cut down more than four trees. That's normal practice."

He asked how this bylaw would affect the Mennonite community which cuts down a lot more firewood.

Bill Johnson, who lives just outside of Ripley, said he has planted 500 to 1,000 trees annually over the past several years on his farm, while removing sick or damaged trees for his own personal use.

"This cost comes out of my own pocket, which runs about $500 to $1,000 per year for purchasing the trees," he said. "Other landowners have planted several acres into trees at their own expense, and as good forestry practice, should now go through and trim out a percentage of the trees they planted to keep their woodlot healthy."

His main concerns included: the specific size of woodlot affected by the bylaw; the restriction of timing between March 15 and April 30; lack of provision for removing dying, dead or diseased trees; the fine of up to $100,000; removal of trees to maintain a healthy woodlot; and the requirement of permits for cutting in all EP zones and the  lakeshore area.

"I would like to see this bylaw thrown out the way it reads presently as it is severely restrictive to many landowners who, for the most part, practise good sound woodlot management," said Johnson.

He said the reason there are still woodlots in the township is that landowners practised good woodlot management. "Unfortunately, there are always a few landowners who do not show discretion or good stewardship of their land."

Wayne Couture who lives on Boiler Beach Road, said the bylaw is not fair to many people. If the concern is erosion of the slope along the lakeshore, then that's the area council should put in the bylaw, he said.

"I farm the forest for firewood and fence posts, and I replant," he said. "I've planted thousands of trees. I'm willing to donate trees to the township."

He is in favour of common sense which states you don't cut down all the trees along a slope. However, you can thin them out so you have a view of the lake, and then plant low-lying trees and ground cover to stabilize the hill.

"That's why we're here in the first place," said councillor Jim Hanna.

Andrew Page of Statters Lake Avenue, was concerned that he would be violating this new bylaw when he was just conducting normal tree-cutting practice on his farm.

 

Council agreed that was not the intent.

"We knew there was going to be controversy," said mayor Mitch Twolan, "which is why we drafted a bylaw so we would have something to deal with in this situation. It is just a draft bylaw."

Ken Goldsmith, Bruce County bylaw enforcement officer, told council the concerns expressed at the meeting are covered in the county's tree-cutting bylaw.

"There is nothing to worry about with what these people are doing," he said. "They are following good forestry management."

Regarding the planting of trees, he said that over the past 21-and-a-half years, he has had crews plant about eight million trees across the county.

As for the March 15 to April 30 time restriction for cutting trees, Goldsmith said that's when the trees are actually growing. "The sap is moving under the bark and that loosens off the bark," he said. "If you bang the tree, you can damage it. Once the tree stops growing, the bark adheres to it."

He told the farmers that they can cut back trees to keep their fields clear; that's normal agricultural practice.

"I think our bylaw needs some changes and clarification," said Hanna. "It was not our intent to go after the farmers and good stewards of the  land. The problem was we had people eradicating the trees along the lakeshore. Silly people need to be regulated."

He said the draft bylaw was drawn up to address behaviour in certain areas of the township. "The county bylaw applies to all the people in this room. Now we need our own bylaw to get people to come in and talk to us before they do anything."

Councillor Don Murray said the township doesn't need a tree preservation bylaw if the county one would cover any concerns.

"We need to focus on the bluff and protect it," said Hanna.

Clerk Sonya Watson said staff can bring forward a map showing the affected area, which would be from Amberley to Kincardine, west of Lake Range Drive.

"We should look closely at that area and we can let the affected landowners know what's happening," said Hanna.

While council agreed it could dispense with a permit fee, it agreed that a penalty should remain in the bylaw, for those who contravene it - up to a maximum of $100,000.

Staff will bring forward a map of the area and a redrafted bylaw for council's consideration, likely at the general committee meeting in June.



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Monday, April 18, 2011