Norfolk is set to enact a new public tree maintenance bylaw that will make clear rules related to trees on county-owned land.
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A report presented to councilors at a recent council-in-committee meeting said the bylaw, the first of its kind in Norfolk, provides “clear and transparent policy respecting the authority to plant, maintain and remove trees on lands owned by Norfolk County.”
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The bylaw would also “enable Norfolk to enforce issues as they relate to the unauthorized injury or destruction of trees” on county-owned land.
The bylaw includes “boundary trees,” those that are jointly owned by private landowners and the county.
Referring to a “very contentious” forestry bylaw approved by Norfolk in 2022, Bill Cridland, general manager of operations, said the newest tree bylaw should be less controversial.
“Trees are very near and dear to a lot of people in Norfolk’s hearts,” said Cridland. “This report is dealing more with publicly owned trees and with that there are always going to be border trees, partly owned by the county and partly owned by the private landowners. This is probably the only contentious part of this bylaw.”
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Adam Biddle, Norfolk’s supervisor of forestry, said the county is responsible for the establishment and maintenance of trees on roadsides, trails, county-owned cemeteries, around administration buildings and in county woodlots and parks. The municipality also typically maintains boundary trees.
“It gets more contentious if the homeowner wants it removed and it’s a healthy tree,” said Biddle. “It’s all case by case.”
Biddle said the need for the bylaw is based on “ongoing requests and complaints regarding conflicts with county-owned trees.
“It’s something we deal with on a regular basis. A lot of the authority in this bylaw is established in the Municipal Act or has been established through case law. What this bylaw does is formalize it and put it into writing, so everyone is on the same page.”
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Biddle said the bylaw establishes a process to follow if a county tree is being removed by a private landowner, and outlines a replacement policy for any healthy tree that’s removed.
“It also provides the county with enforcement abilities in situations where a county-owned tree has been injured or destroyed without authorization.”
When questioned by Coun. Kim Huffman, Biddle said the only way to determine who owns a tree is through property boundaries. He said county staff use metal detectors and GPS to locate property stakes.
When asked by Huffman if it’s possible for a homeowner to have a tree on their front lawn that’s owned by the county, Biddle said yes.
The bylaw includes fines for offenses ranging from $200 to $100,000.
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Coun. Chris VanPaassen questioned a clause prohibiting anyone to climb a tree without prior written approval from the general manager of operations.
“There are a lot of kids out there who just haven’t lived until they’ve climbed a tree,” said VanPaassen.
Biddle said some parts of the bylaw aren’t a perfect fit for all situations. He said climbing a county tree in a park to set up for a festival, for example, would require permission due to liability.
“But for the most part, we’re not going to be enforcing climbing a tree in a woodlot.”
The proposed bylaw requires final approval at an upcoming council meeting.
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