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Bylaw No. 2002-48
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THE FORESTRY BYLAW, 2002
Bylaw No. 2002-48
Including Amendments to December 8, 2021
This Bylaw has been consolidated under the authority of the City Clerk. It represents
proof, in absence of evidence to the contrary of:
a) the original bylaw and of all bylaws amending it; and
b) the fact of passage of the original and all amending bylaws.
Office Consolidation
AMENDMENTS
DATE PASSED
Bylaw No. 2003-94
December 15, 2003
Bylaw No. 2005-13
March 7, 2005
Bylaw No. 2009-40
June 22, 2009
Bylaw No. 2009-71
November 23, 2009
Bylaw No. 2011-64
December 19, 2011
Bylaw No. 2015-82
December 21, 2015
Bylaw No. 2021-80
December 8, 2021
BYLAW NO. 2002-48
THE FORESTRY BYLAW, 2002
_______________________________________
THE COUNCIL OF THE CITY OF REGINA ENACTS AS FOLLOWS:
Definitions
1.
In this Bylaw:
"City" means the City of Regina;
"Committee" - Repealed (#2009-40, s. 33, 2009)
"Council" means the Council of the City of Regina;
"Dangerous Tree" means any Tree that:
(a)
is, in the opinion of the Director, in danger of falling, breaking, uprooting or
collapsing; and
(b)
the Director determines that injury to persons or damage to property may occur
as a result;
"Director" means the Director of Parks, Recreation and Cultural Services or the
Director's designate.
"Established Tree" means any Tree that is not a Hazard Tree, Infected Tree, Nuisance
Tree, Dangerous Tree, Interfering Tree, Obstructing Tree, or Structurally Damaged
Tree;
"Executive Director" means the Executive Director, City Planning and Community
Development or the Executive Director's designate.
"Hazard Tree" means any elm Tree that:
(a)
in the opinion of an Officer, has deteriorated to the point that it is capable of
supporting elm bark beetle habitation and breeding making that elm Tree a
hazard that may promote the spread of Dutch Elm disease; and
(b)
has been identified to the Owner as a Hazard Tree by:
(i)
written notice delivered to the Owner or posted on the Owner's
property; and
(ii)
a clear marking placed on the elm Tree by an Officer that distinguishes
the elm Tree from other elm Trees that are not Hazard Trees or Infected
Trees;
"Infected Tree" means any elm Tree that:
(a)
has been determined by an Officer to be infected with Dutch Elm disease; and
(b)
has been identified to the Owner as an Infected Tree by:
(i)
written notice delivered to the Owner or posted on the Owner's
property; and
(ii)
a clear marking placed on the elm Tree by an Officer that distinguishes
the elm Tree from other elm Trees that are not Infected Trees or Hazard
Trees;
"Interfering Tree" means any Tree growing in a location which:
(a)
impedes access or interferes with public maintenance work; or
(b)
is causing or has the potential to cause damage to public property;
if the Director determines that such interference cannot be controlled by cost effective
means other than removal of such Tree;
"Nuisance Tree" means any Tree that:
(a)
is infected with an insect pest or Tree disease which may potentially spread and
infect other Trees; and
(b)
the Director determines that the insect, pest or the disease cannot be controlled
by pruning;
"Obstructing Tree" means any Tree that obstructs a sightline for motorists or
pedestrians approaching a street intersection or exiting curb crossing, walkway, or
alley, if the Director determines that such obstruction cannot be corrected by pruning
such Tree;
"Officer" means a person appointed to enforce either The Pest Control Act or The
Forest Resources Management Act and acting under their authority pursuant to the
applicable Act, as the case may be;
"Owner" means any person who owns, occupies or controls land within the City of
Regina;
"Pest" includes insect pests, and any other Tree related pest so declared under The Pest
Control Act;
"Public Land" means any real property owned, maintained or controlled by the City
including, but without limiting the generality of the foregoing:
(a)
any real property the City is granted access to under a Tree planting easement;
and
(b)
street as defined in The Cities Act;
"Public Tree" means a Tree on Public Land;
"Sightline" has the same meaning as in section 69 of The Regina Traffic Bylaw, 1997
and The Regina Zoning Bylaw;
"Street" has the same meaning as in The Cities Act;
"Structurally Damaged Tree" means any Tree the structure of which has become
damaged to the extent that it may become a Dangerous Tree if the Director determines
that repair of such Tree is impossible or impractical;
"Tree" means a living woody plant with one or more stems and a minimum caliper
width of 2.5 centimetres and a minimum height of 1.5 metres.
(#2005-13, s. 2, 2005; #2009-40, s. 33, 2009; #2009-71, s. 12, 2009; #2011-64, s. 11, 2011,
#2015-82, ss. 4.2, 4.3, 4.5 and 4.6, 2015, #2021-80, ss. 4 and 5, 2021)
Removal of Trees on Public Land
2.
An Officer may order the removal of any Hazard Tree, Infected Tree or Nuisance Tree
on Public Land.
3.
(1)
No person shall remove, cause to be removed, attempt to remove or assist in the
removal of any Established Tree on Public Land, except as may be specifically
permitted or provided for in this section.
(2)
The Director may authorize the removal of any Dangerous Tree, Nuisance Tree
or Structurally Damaged Tree on Public Land.
(3)
The Director may authorize the removal of any Interfering Tree or Obstructing
Tree on Public Land that is not a Street.
(4)
The Director may authorize the removal of an Established Tree on Public Land
upon receiving a written request from an interested person and upon giving due
consideration to:
(a)
the reason for the request and the need for removal of the Tree;
(b)
any reasonable options that would not require removal of the Tree;
(c)
the possibility of relocating the Tree; and
(d)
the historic, environmental or other intrinsic value of the Tree in its
current location.
(5)
An interested party who is dissatisfied with a decision of the Director made
pursuant to subsection 3(4) may appeal the decision to the Executive Director.
(6)
All appeals pursuant to subsection 3(5) must be made in writing and be
submitted to the City Clerk's Office within 14 days of receiving notice of the
Director's decision.
(7)
If the Director or the Executive Director orders the removal of an Established
Tree pursuant to this section, the party requesting the removal shall pay:
(a)
the costs of removal and relocation of the Tree; and
(b)
the greater of $500 or 20% of the inventory cost of the Tree being
removed, as determined by the Director in accordance with the most
recent standards established by the International Society of
Arboriculture.
(8)
For the purposes of this section, "removal" includes stump removal, clean- up
and site restoration and "relocation" includes all necessary measures required
to remove, transport and re-plant the Tree at another location.
(#2003-94, s. 2, 2003; #2005-13, s. 3, 2005; #2009-40, s. 33, 2009; #2011-64, s. 11, 2011,
#2015-82, s. 4.4, 2015, 32021-80, s. 7, 2021)
Protection of Public Trees
4.
(1)
No person other than the Director shall:
(a)
plant a Public Tree.
(b)
damage, disturb, prune or remove any Public Tree.
(c)
attach any notice, bill, poster, sign, wire, rope, cord, nail or other object
to or around any Public Tree.
(d)
alter the grade level or drainage pattern in any manner so as to interfere
with the access of water, air or nutrients to any Public Tree.
(e)
remove or interfere with any protective barrier, structure or device on or
around any Public Tree.
(f)
commence or continue any work or activity which damages or
interferes with the root system or upper structure of any Public Tree.
(g)
construct any walkway, driveway or paving within a distance of 0.5
metres from the base of any Public Tree for every 10 centimetres of
diameter of the trunk at a point 100 centimetres off the ground.
(h)
construct, alter, demolish or otherwise carry out any work at or around
any Public Tree without first having constructed a substantial protective
barrier around such Tree in accordance with the provisions of the Urban
Forestry Management Strategy Tree Protection Section.
(2)
The Executive Director, Citizen Services or designate, may
authorize the activities in subsection 4(1) with regard to a Tree that impedes
access or interferes with maintenance of public works that is carried out by
the City or its agents on an emergent basis.
(3)
Notwithstanding 4(1)(a), (b) and (c) the Director may authorize any person to
plant and maintain a Public Tree subject to the terms and conditions of the
City's tree donation program which allows residents to donate trees to the City
on application to the City.
(#2009-71, s. 12, 2009, #2015-82, s. 4.7, 2015, #2021-80, ss. 6 and 8, 2021)
Pesticides
5.
No person shall apply or administer any pesticide to a Public Tree unless the pesticide
has been expressly approved in writing by the Director.
6.
No person shall apply or cause to be applied any pesticide to a Public Tree, in the
course of their employment or for monetary gain, without first attending an orientation
seminar prescribed by the Director.
Trees on Privately Owned Property
7.
An Officer may order the removal of any Hazard Tree or Infected Tree upon private
property.
8.
An Officer may enter upon any land and into any premises other than a dwelling-house,
for the purpose of exercising the powers conferred on an Officer pursuant to The Pest
Control Act or The Forest Resources Management Act, as amended.
(#2015-82, s. 4.8, 2015)
9.
No person shall plant any Tree on privately owned property within five metres of any
intersection of Streets, or within three metres of a property line that is adjacent to a
Street.
10.
The Director may order a property owner to remove any Tree planted within five
metres of an intersection of Streets, or within three metres of a property line that is
adjacent to a Street, or may order the property owner to reduce the height or width of
the Tree so as not to impede the sight lines of persons using the adjacent Streets.
11.
(1)
Every Owner shall ensure that every Tree on his or her property that overhangs
a Street shall be pruned so that the branches are at least six metres from the
ground.
(2)
The Director may, by written notice delivered to an Owner or posted on the
Owner's property, require the Owner to carry out such work as may be
necessary to ensure compliance with subsection (1) within a period of 20 days
from the date of the delivery or posting of the notice.
(3)
If an Owner fails to comply with an Order sent pursuant to subsection (1), the
Director may do, or cause to be done, any acts necessary to ensure compliance
with subsection (1), and the cost of doing such work is a debt due and owing to
the City by the Owner and may be added to the taxes of the property.
Severability
12.
If a Court of competent jurisdiction should declare any section of this bylaw to be
invalid, such section or part of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the bylaw and it is hereby declared that the
remainder of the bylaw shall be valid and shall remain in force and effect.
Penalty Provision
13.
Any person who contravenes any provision of the Bylaw is guilty of an offence
punishable on summary conviction by a fine in an amount not exceeding:
(a)
Two thousand ($2,000.00) Dollars in the case of an individual;
(b)
Five thousand ($5,000.00) Dollars in the case of a corporation;
or, in default of payment by an individual, by imprisonment for a term of not more than
ninety (90) days.
Repeal and Coming into Force
14.
Bylaw No. 9607 is repealed.
15.
This Bylaw comes into force on the day of passage.
READ A FIRST TIME THIS 27th DAY OF MAY, 2002.
READ A SECOND TIME THIS 27th DAY OF MAY, 2002.
READ A THIRD TIME AND PASSED THIS 27th DAY OF MAY, 2002.
P. FIACCO
C. EDWARDS
Mayor
Acting City Clerk
(SEAL)
CERTIFIED A TRUE COPY
___________________________
City Clerk
i:\wordpro\bylaws\forestry bylaw1.doc
ABSTRACT
BYLAW NO. 2002-48
THE FORESTRY BYLAW, 2002
_____________________________________________
PURPOSE:
To regulate Trees in the City of Regina.
ABSTRACT:
The Bylaw regulates protection, planting and maintenance of
Trees in the City of Regina and allows the Director of
Community Services to order pruning or removal of Trees
under certain conditions.
STATUTORY
AUTHORITY:
Sections 84, 127, 157, 176 of The Urban Municipality Act,
1984.
PUBLIC HEARING:
None
REFERENCE:
Parks and Recreation, May 15, 2002, PR02-37
AMENDS/REPEALS:
Repeals Bylaw No. 9607
CLASSIFICATION:
Regulatory
ORIGINATING DEPT.:
Community Services