Muskoka Lakes Refines Their Tree By-Laws

As a cottage owner in Muskoka Lakes, you’ve probably heard the terms “arborist report” and “tree inventory” quite a bit recently. And if you haven’t yet, you likely will. These phrases will soon become commonplace as the Township of Muskoka Lakes refines its by-laws. HIDEAWAYS caught up with Jeremy Sayers, Master Arborist at Coulson Bros. Arboricultural, for a quick Q&A to get his take on out how these new by-laws might affect those in the Muskoka Lakes district.

Q: Do these new by-laws affect all tree removal projects, and what types of reports mights a project require?

A: With regard to the ARBORIST REPORT, any live tree removal within 300 feet of the shore will require an arborist report. This is true whether you are undertaking a new build or simply performing routine maintenance, although any trees within the building footprint and a 10-foot envelope of an approved site plan do not require a report. Sometimes trees need to be removed because they are diseased, decayed, uprooted, or in a location where they are a potential hazard to life or property. The township can now require a document – an arborist report – from a qualified tree professional that lays out the rationale for removing the tree. This may include a diagnosis of any disease or decay or a description of circumstances that make a tree a potential hazard. Further, we are seeing incidents where people are accused of tree removal by-law infractions where a report is required after the fact.

A: Concerning TREE INVENTORIES, as new builds go through the permitting process, tree inventories are often required. A tree protection plan may also be required. A tree inventory includes a GPS location of each tree on the property as well as information about species, size, and health. Tree inventories are used to show which trees need to be removed for the building site, access road, septic system, and paths and patios. Tree inventories are also used to show how much of the tree canopy will remain on a site after the construction is complete. Finally, a tree inventory can also be used to evaluate the best locations for replanting or to help locate the best areas for building.

The township is tightening up regulations in an effort to protect the Muskoka landscape. As part of the new requirements, preserving trees takes on greater importance, so removing trees will often require the assistance of a qualified arborist.

 

Below are some relevant items from the new by-law:

  • All trees within 300 feet of a shoreline are subject to the by-law.
  • All trees on islands are subject to the by-law, with some exceptions for the largest islands.
  • Diseased and high-risk trees can be removed only after an arborist assessment. approval is contingent upon an arborist report or photographic evidence that provides a legitimate rationale for removal.
  • The removal of any living tree within the “Shoreline Vegetative Buffer” of 300 feet requires a permit before removal.
  • Fines for by-law infractions have been increased significantly.
  • Tree trunks and tree root systems must be protected from damage during construction projects.

As these by-laws are new, it remains to be seen how they are interpreted and enforced. To avoid potential by-law infractions, we recommend engaging the services of an arborist before beginning any project that will require tree pruning or removal.

 

Jeremy Sayers, ISA Board Certified Master Arborist NY-1087-B
Consulting Arborist, Coulson Bros.  Arboriculture
Ph: 705-764-3613 • email: [email protected]

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