Newmarket finalizes bylaw requiring permits to cut down trees on private property

Newmarkettoday.ca
Feb. 8, 2022

You now must get a permit to cut down a tree on your property in Newmarket, though council said it wants to keep the option open to residents.

Council confirmed its private tree-cutting bylaw today, Feb. 7, which will mandate fees for cutting most trees that are not dead, dying or hazardous. But council tweaked the language to ensure that someone could still get a permit to cut a healthy tree if there are no other issues, such as a border dispute or flood control.

Councillor Victor Woodhouse said he wanted to ensure it is not left too much up to staff discretion whether a permit is issued or not.

“My concern here is, as good as our director and commissioner are today, with that being in the bylaw, a new individual could come on board and decide it’s at their whim whether or not that permit is issued,” Woodhouse said.

The bylaw has been in discussion for years and will see private property owners paying and going through a permit process to remove trees greater than 20 centimeters in diameter at breast height. However, no fee will be charged if a tree is dying, hazardous, or causing property damage.

The fees will be $100 for one tree removed, $300 for two to four, $1,000 for five to 10, and $5,000 for greater than 11, with another $100 per tree for cost recovery. Compensation will also be required for non-dying or hazardous trees, at $300 per six centimeters of tree for non-construction, and $450 for construction, though with replanting an option.

In finalizing the bylaw, councillors also discussed the need to ensure developers do not skirt the system. Woodhouse cited trees cut down ahead of a development application at Sandford and Eagle and said he wants to ensure somebody does not apply for residential rates for a future construction application.

Councillor Bob Kwapis added there should also be a fine to ensure applicants pay more if they try to skirt the rules.

“Ward 5 does get impacted, or had been impacted, by a few of those situations, where we found out mature trees were taken down,” Kwapis said.

Staff said though it could not be codified within the bylaw, tree cutting permits could specify residential rates, with more charges if any subsequent development application comes forward at the same property.

Council has directed staff to begin enforcement immediately with an educational approach but not to charge fees until July 1. A specific exemption has also been carved out that the bylaw would exclude not-for-profit cemeteries at the behest of the Newmarket Cemetery, which does tree management on the property that the town supports.

Staff had not initially proposed a fee exemption for dying or hazardous trees. In a memo, staff said the program may now not have total cost recovery, but they will determine budget impact after trying it for two years.

Councillor Kelly Broome said it is important to track how the bylaw unfolds.

“I want to make sure we act on that and start getting this moving,” Broome said. “We’ve been at this a long time, and I really want to start digging into this so we can start solving the underlying issue.”