86-59
r-~~'
r!" .
!
-~--.,--\--.""~~
"
COUNTY OF ELGIN
By-Law No. 86-59
"BEING A BY-LAW TO RESTRICT AND REGULATE THE DESTRUCIION OF
,
TREES BY CUTTING. BURNING. BULLDOZI NG. APPLICATION OF CHEMICALS
OR OTHER MEANS." ,
WHEREAS it has become expedient for the general wel-
fare of the County of Elgin to maintain and improve the forest,
soil, game and fish resources of th," County by serving and
improving the woodlands of the County; and
WHEREAS under Section 4 of The Trees Act, the Council
of a County is empowered to pass by-laws
(a)' restricting and regulating the destruction of
trees by cutting, burning, bulldozing, application of
chemicals, or other means; and
(b) providing for the appointment of officers to
enforce the provisions of any by-law passed under this
section;
THEREFORE the Municipal Council of the Corporation of
the County of Elgin enacts as follows:
1. (a) Except as hereinafter provided, no person by him-
self or through any other person, shall destroy or
cause or permit to be destroyed by cutting, burning,
bulldozing, application of chemicals, or other means,
any living tree of the species listed below that shall
not have attained to the measurement specified below:
145 cm in circumference
Maple - Hard, Red, Silver, Black
Oak
Walnut - White (Butternut) , Black
Ash
Tulip (Whitewood)
Basswood
Pine - White
Cherry - Black
112 cm in circumference
Hemlock
Pine - Red
Birch - Yellow
Hickory - Shagbark, Bitternut, Pignut, Mockernut
Þoplar - Cottonwood
Sycamore
Chestnut
Hackberry
Cucumber - Tree
Kentucky Coffee - Tree
Black Gum
Beech - American
Elm
64 cm in circumference
Birch - White
Larch - Eastern (Tamarack), European
Cedar - White
Locust - Black, Honey
Poplar - Balsaf(1, Trembling Aspen, Large-Toothed
(b) Measurements referred to in subsection (a) above
shall be outside the bark and taken at a point at the
base of the tree 46 cm above the highest point of the
ground
-
-_~_..-,:--=-_---"-O...c;=___
(e Notice of Intent for Loggers and Fuelwood Cutters
Every person or logger acting on behalf of the land-
owner who is planning to cut trees for purchase or sale
shall notify the County Clerk's Office at least five
(5) working days priQr to any cutting under this by-law
taking place. ' Such "Notice' of Intent to Cut" shall be
sent by first class mail to the Clerk's Office, on
Form 1 attached as Schedule !I All to this by-law. In the
event of a mail disruption, such Notice of Intent may
be given verbally by telephone and a copy of the notice
delivered to the County Clerk or Tree Commissioner as
soon thereafter as possible.
(d) In cutting or removing any tree, no person shall
so conduct his operations as to unnecessarily injure or
damage any young trees adjacent thereto.
2 Every person who,
(a) by himself or through any other person, contra-
venes any provision of this by-law;
(b) obstructs, hinders or interferes with an officer
appointed under this by-law or any person acting under
his instructions, in the discharge of his duties; or
(c) fails or neglects, without just cause, to carry
out an order made against him under subsection 6 (2 ) of
The Trees Act
and who does not come within any of the exceptions set forth in
The Trees Act, is guilty of an offence under The Trees Act and
subject to the penalities set forth therein.
3. That officers to enforce the provisions of this by-law may
be appointed by by-law of the Council and an officer so
appointed shall,
(a) not be a Member of the Council for the County of
Elgin;
(b) hold office at the pleasure of the said Council;
and
(c) be paid an hourly rate and also a rate per mile
travelled, both to be determined from time to time by
County Council, for his duties in enforcing the provi-
sions of this by-law.
4 . That By-Laws No. 79-38, 80-12, 81-36 be and the same are
hereby repealed.
5. That where "The Trees Act" is referred to in this by-law,
it means The Trees Act, R.S.O. 1980, c. 510, including any
amendments thereto or any successor legislation.
6. That this By-Law shall not become effective until approved
by the Minister of Natural Resources.
READ a first time this 19th day of November, 1986.
READ a second time this 19th day of November, 1986.
READ a third time and finally passed this 19th day of November 1986
:- ~-'-~ v:.,--J
G C. Leverton
Clerk
,-<
----"~._~-
C 0 U N T Y o F E L GIN
SCHEDULE !lA'
BY-LAW NO. 86-59
FORM I
THE COUNTY OF ELGIN
NOTICE OF INTENT
PURSUANT TO TREE BY-LAW NO. 86-59
NOTIFICATION OF INTENT TO BE COMPLETED AT LEAST FIVE (5) WORKING
DAY PRIOR TO ANY CUTTING
Property Owner:
Location - Lot:
Concession:
Township:
Size of Woodlot:
Species of Trees:
Expected Starting Date: , 19
Contractor:
(If different from Owner above)
Person in Charge of Cutting:
(Foreman)
I Agree that operations will be in accordance with the provi-
sions of Tree By-Law No. 86-59, of the County of Elgin and that
I am familiar with the contents and requirements of this By-Law
and acknowledge having received a copy thereof.
Further, I agree to contact the Tree Commissioner (Telephone -
Area 519 773-2482) or the Clerk's Office (Telephone - Area 519
631-1460) prior to cutting.
DATED at this day of , 19
-
Signature of Owner or Contractor
MAILING ADDRESS CLERK, COUNTY OF ELGIN
450 SUNSET DRIVE
ST. THOMAS, ONTARIO
N5R 5Vl
\