Managing trees through urban development
Garry oaks are protected trees in most Capital Regional District municipalities. What does that mean in the context of urban development and land use change?
Laws, bylaws, and the Provincial Authority in Relation to Trees
Presently, a parcel of private property set for development is enabled the full physical footprint allowable by municipality-established zoning, and this is regulated by the provincial government (See BC Local Government Act, Community Charter Part 3, Division 7 — Authority in Relation to Trees). Recent legislation adopted by the Provincial Government enacts minimum housing unit density of 4 units on private property parcels 280 m² and larger. This creates a difficult situation for preserving trees through densification development, as existing and new Garry oak trees require ample above ground and below ground space to thrive. Housing Target Orders have also been legislated by the Provincial government that create additional responsibilities for local governments to prioritize the rapid production of housing supply. These combined policies have deprioritized urban forest stewardship on private land through urban development and present a situation where existing trees are much more likely to be removed while available planting space for replacement trees is simultaneously lost.
What can be done?
Depending on the stage of the development process, there are many opportunities to improve the outcomes for existing Garry oaks and for Garry oaks to be planted as part of the development.
Rezoning or Subdivision stage
An applicant can apply to rezone a private parcel of land to increase the density of housing units on the property, and the applicant is not subject to a public hearing provided that the application meets criteria established in the local government's Official Community Plan. The first indication that this process is underway is typically a visual one. Local government protocol typically requires posted notification (a large sign in a conspicuous place) that an application has been received by the Municipality, and is under review.
This stage is likely one of the most consequential for retaining existing trees and dedicating adequate space for future trees. Advocating for tree protection is best achieved by contacting elected local government officials directly.
Laws, bylaws, and the Provincial Authority in Relation to Trees
Presently, a parcel of private property set for development is enabled the full physical footprint allowable by municipality-established zoning, and this is regulated by the provincial government (See BC Local Government Act, Community Charter Part 3, Division 7 — Authority in Relation to Trees). Recent legislation adopted by the Provincial Government enacts minimum housing unit density of 4 units on private property parcels 280 m² and larger. This creates a difficult situation for preserving trees through densification development, as existing and new Garry oak trees require ample above ground and below ground space to thrive. Housing Target Orders have also been legislated by the Provincial government that create additional responsibilities for local governments to prioritize the rapid production of housing supply. These combined policies have deprioritized urban forest stewardship on private land through urban development and present a situation where existing trees are much more likely to be removed while available planting space for replacement trees is simultaneously lost.
What can be done?
Depending on the stage of the development process, there are many opportunities to improve the outcomes for existing Garry oaks and for Garry oaks to be planted as part of the development.
Rezoning or Subdivision stage
An applicant can apply to rezone a private parcel of land to increase the density of housing units on the property, and the applicant is not subject to a public hearing provided that the application meets criteria established in the local government's Official Community Plan. The first indication that this process is underway is typically a visual one. Local government protocol typically requires posted notification (a large sign in a conspicuous place) that an application has been received by the Municipality, and is under review.
This stage is likely one of the most consequential for retaining existing trees and dedicating adequate space for future trees. Advocating for tree protection is best achieved by contacting elected local government officials directly.
Municipalities
Central Saanich
Central Saanich
https://www.centralsaanich.ca/home-property-development/trees
There are two different bylaws relating to trees on private property; one is for trees located in the designated Erosion District and the second is for Protected Trees.
https://www.centralsaanich.ca/home-property-development/trees
There are two different bylaws relating to trees on private property; one is for trees located in the designated Erosion District and the second is for Protected Trees.
Colwood
Colwood
https://www.colwood.ca/city-services/development-services/tree-management-preserving-our-urban-forest
Colwood's urban forest is declining every year, and much of this loss is occurring on private land. The Urban Forest Bylaw was adopted to preserve trees on both private and public property and to assist in growing the City's urban forest.
https://www.colwood.ca/city-services/development-services/tree-management-preserving-our-urban-forest
Colwood's urban forest is declining every year, and much of this loss is occurring on private land. The Urban Forest Bylaw was adopted to preserve trees on both private and public property and to assist in growing the City's urban forest.
Esquimalt
Esquimalt
https://www.esquimalt.ca/parks-recreation/parks/trees
All the trees in Esquimalt – in parks and yards and along municipal boulevards – are important in our daily lives.
https://www.esquimalt.ca/parks-recreation/parks/trees
All the trees in Esquimalt – in parks and yards and along municipal boulevards – are important in our daily lives.
Highlands
Highlands
http://www.highlands.ca/faq.aspx?qid=70
The Building Inspection Department: Issues: building, plumbing, chimney, soil deposit and soil removal, tree cutting and blasting permits
http://www.highlands.ca/faq.aspx?qid=70
The Building Inspection Department: Issues: building, plumbing, chimney, soil deposit and soil removal, tree cutting and blasting permits
Langford
Langford
https://www.langford.ca/EN/meta/departments/bylaw-enforcement/trees-trespassing.html
Citizens frequently call for information about trees and the law. The City does not have a “tree bylaw” although some Langford properties have a covenant on title to protect notable trees. The City does have numerous Development Permit areas where tree, vegetation and land alteration must not occur unless a permit has been issued.
https://www.langford.ca/EN/meta/departments/bylaw-enforcement/trees-trespassing.html
Citizens frequently call for information about trees and the law. The City does not have a “tree bylaw” although some Langford properties have a covenant on title to protect notable trees. The City does have numerous Development Permit areas where tree, vegetation and land alteration must not occur unless a permit has been issued.
Metchosin
Metchosin
http://www.metchosin.ca/content/tree-cutting-permits
The Tree Management Bylaw regulates the removal of trees in Metchosin. Council believes that maintaining continuous tree cover in Metchosin important to the community and the region to preserve forests, ecosystems and natural heritage.
http://www.metchosin.ca/content/tree-cutting-permits
The Tree Management Bylaw regulates the removal of trees in Metchosin. Council believes that maintaining continuous tree cover in Metchosin important to the community and the region to preserve forests, ecosystems and natural heritage.
North Saanich
North Saanich
https://www.northsaanich.ca/Bylaws
Look for link to: Tree Protection Bylaw No. (consolidated Nov. 2011): The actual bylaw is #0935 which has been omitted from their list - a possible typo
https://www.northsaanich.ca/Bylaws
Look for link to: Tree Protection Bylaw No. (consolidated Nov. 2011): The actual bylaw is #0935 which has been omitted from their list - a possible typo
Oak Bay
Oak Bay
https://www.oakbay.ca/parks-recreation/parks-playgrounds/trees
The community of Oak Bay has, through numerous planning initiatives, demonstrated that the urban forest is highly valued.
https://www.oakbay.ca/parks-recreation/parks-playgrounds/trees
The community of Oak Bay has, through numerous planning initiatives, demonstrated that the urban forest is highly valued.
Saanich
Saanich
https://www.saanich.ca/EN/main/community/natural-environment/trees.html
We want to keep Saanich green! Learn about our tree protection bylaw, quick tips on how to care for trees and more.
https://www.saanich.ca/EN/main/community/natural-environment/trees.html
We want to keep Saanich green! Learn about our tree protection bylaw, quick tips on how to care for trees and more.
Sidney
Sidney
http://www.sidney.ca/Town_Hall/Departments/Administration/Bylaws.htm
A bylaw to exercise certain powers to preserve and protect trees within the Town of Sidney, to regulate their cutting down and removal, and to require their replacement. Look for link to: Tree Preservation Bylaw No. 2138
http://www.sidney.ca/Town_Hall/Departments/Administration/Bylaws.htm
A bylaw to exercise certain powers to preserve and protect trees within the Town of Sidney, to regulate their cutting down and removal, and to require their replacement. Look for link to: Tree Preservation Bylaw No. 2138
Sooke
Sooke
https://sooke.ca/district-services/departments/parks-and-greenspaces/urban-forest/
Trees — and, collectively, the urban forest — are important assets that require care and maintenance the same as other public property. Trees are on the job 24 hours every day working for all of us to improve our environment and quality of life. Search 'Policies' and 'Bylaws' for relevant information.
https://sooke.ca/district-services/departments/parks-and-greenspaces/urban-forest/
Trees — and, collectively, the urban forest — are important assets that require care and maintenance the same as other public property. Trees are on the job 24 hours every day working for all of us to improve our environment and quality of life. Search 'Policies' and 'Bylaws' for relevant information.
Victoria
Victoria
https://www.victoria.ca/EN/main/residents/parks/urban-forest.html
Parks, natural areas, boulevards and residential gardens are examples of some of the many and diverse treed areas that make up Victoria's urban forest.
https://www.victoria.ca/EN/main/residents/parks/urban-forest.html
Parks, natural areas, boulevards and residential gardens are examples of some of the many and diverse treed areas that make up Victoria's urban forest.
View Royal
View Royal
https://www.viewroyal.ca/EN/main/business/land-development/TreeRemoval.html
The health and predominance of View Royal's urban forest is a significant part of what makes View Royal so livable, green and sustainable.
https://www.viewroyal.ca/EN/main/business/land-development/TreeRemoval.html
The health and predominance of View Royal's urban forest is a significant part of what makes View Royal so livable, green and sustainable.
Electoral Areas
Juan De Fuca
Juan de Fuca https://www.crd.bc.ca/about/electoral-areas/juan-de-fuca
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Prtection Policies/Bylaws were not successful. We recommend inquiries be directed to:
Juan de Fuca Electoral Area Planning Services
Mailing Address:
Juan de Fuca Local Area Services Building
#3 - 7450 Butler Road
Sooke, BC V9Z 1N1
The Juan de Fuca Local Area Services Building is located in the community of Otter Point off Otter Point Road in the Sooke Business Park
Planning staff are available 8:30 am to 4:30 pm Monday to Friday, excluding statutory holidays.
Tel: 250-642-1500
Fax: 250-642-5274
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Prtection Policies/Bylaws were not successful. We recommend inquiries be directed to:
Juan de Fuca Electoral Area Planning Services
Mailing Address:
Juan de Fuca Local Area Services Building
#3 - 7450 Butler Road
Sooke, BC V9Z 1N1
The Juan de Fuca Local Area Services Building is located in the community of Otter Point off Otter Point Road in the Sooke Business Park
Planning staff are available 8:30 am to 4:30 pm Monday to Friday, excluding statutory holidays.
Tel: 250-642-1500
Fax: 250-642-5274
Southern Gulf Islands
Southern Gulf Islands https://www.crd.bc.ca/about/electoral-areas/southern-gulf-islands
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Protection Policies/Bylaws were not successful. We recommend inquiries be directed to:
The Director of Southern Gulf Islands Electoral Area whose contact information may be found here https://www.crd.bc.ca/about/who-we-are/board-of-directors
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Protection Policies/Bylaws were not successful. We recommend inquiries be directed to:
The Director of Southern Gulf Islands Electoral Area whose contact information may be found here https://www.crd.bc.ca/about/who-we-are/board-of-directors
Salt Spring Island
Salt Spring Island https://www.crd.bc.ca/about/electoral-areas/salt-spring-island
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Protection Policies/Bylaws were not successful. We recommend inquiries be directed to:
The Salt Spring Island Electoral Area Director whose contact information may be found here Salt Spring Island https://www.crd.bc.ca/about/electoral-areas/salt-spring-island
Attempts by the volunteers of GOMPS to find a clear link to information on their Tree Protection Policies/Bylaws were not successful. We recommend inquiries be directed to:
The Salt Spring Island Electoral Area Director whose contact information may be found here Salt Spring Island https://www.crd.bc.ca/about/electoral-areas/salt-spring-island