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No. 1069

Tree Protection Bylaw No. 1069, 2022

Adopted 2022
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Plain English Summary

This bylaw protects trees in View Royal by regulating their alteration, cutting, damage, or removal. It applies to property owners, developers, and anyone undertaking work that could affect trees. The bylaw establishes a permit system for tree removal or alteration, especially for 'protected trees,' which include specific species like Garry Oak and Arbutus, trees with nests, trees on Town property, replacement trees, and trees above a certain size. Key rules include needing a permit before cutting or altering protected trees, protecting tree roots during construction, and planting replacement trees if a protected tree is removed. The Town's Director of Engineering has the authority to grant or deny permits and can impose conditions. The bylaw also addresses hazardous trees, steep slopes, and watercourses, with specific restrictions in these areas. Violations can result in fines.

Legislative Timeline

June 17, 2025

Council Meeting

S. Nanni, View Royal Avenue, questioned whether the tree replacement requirement, as established in Tree Protection Bylaw No. 1069, 2022, will be reviewed.

March 1, 2022

Council Meeting

Tree Protection Bylaw No. 1069, 2022 - Instream Application Status

February 15, 2022

Council Meeting

Tree Protection Bylaw No. 1069, 2022

February 1, 2022

Council Meeting

Tree Protection Bylaw No. 1069, 2022

January 11, 2022

Committee of the Whole

Proposed Tree Protection Bylaw No. 1069, 2022

2022Town of View Royal

Adopted 2022

Official adoption year of Bylaw No. 1069

May 11, 2021

Committee of the Whole

Proposed Tree Protection Bylaw No. 1069, 2021

Document Outline

Tree Protection Bylaw No. 1069

Section 1: General

1.1 Citation and Previous Bylaw Repeal

1.3 Administration

1.6 Severability

Section 2: Definitions

2.1 Definitions

2.2 Protected Trees

Section 3: Authority

3.1 Director's Discretion

3.3 Inspections and Assessments

3.5 Orders

3.6 Hazardous Trees

Section 4: Prohibitions

4.1 General

4.3 Steep Slopes

4.4 Watercourses

4.5 Exemptions

4.6 Emergency Removal

Section 5: Tree Permits

5.1 Requirement for a Permit

5.3 Applications

5.8 Fees and Deposits

5.12 Conditions

5.17 Replacement Trees

5.22 Considerations

5.23 Trees on Parcels Abutting Town Owned Land

Section 6: Right of Appeal

Section 7: Enforcements and Penalties

Schedule “A”

Minimum Arborist Report Requirements

Schedule “B”

Minimum Tree Survey and Tree Management Plan Requirements

Full Text

TOWN OF VIEW ROYAL 
BYLAW NO.  1069 
As amended by Bylaw No. 1145 
CONSOLIDATED FOR CONVENIENCE 
 
A BYLAW TO REGULATE THE ALTERING, CUTTING, DAMAGING OR REMOVING OF TREES  
WITHIN THE TOWN OF VIEW ROYAL 
 
 
TABLE OF CONTENTS 
SECTION 1 
GENERAL 
 
 
 
 
 
 
 
 
PAGE 
1.1 to 1.2 
Citation and Previous Bylaw Repeal 
 
 
 
 
 
2 
1.3 to 1.5 
Administration  
 
 
 
 
 
 
 
2 
 
1.6 
 
Severability 
 
 
 
 
 
 
 
 
2 
 
SECTION 2 
DEFINITIONS 
 
 
 
 
 
 
2.1  
  
Definitions 
 
 
 
 
 
 
 
 
2 
2.2  
  
Protected Trees 
 
 
 
 
 
 
 
5 
 
SECTION 3 
AUTHORITY 
 
 
 
3.1 to 3.2 
Director’s Discretion 
 
 
 
 
 
 
 
5 
3.3 to 3.4 
Inspections and Assessments 
 
 
 
 
 
 
6 
3.5 
 
Orders  
 
 
 
 
 
 
 
 
6 
3.6 to 3.8 
Hazardous Trees 
 
 
 
 
 
 
 
7 
 
SECTION 4  
PROHIBITIONS 
4.1 to 4.2 
General 
 
 
 
 
 
 
 
 
7 
4.3 
 
Steep Slopes 
 
 
 
 
 
 
 
 
8 
4.4 
 
Watercourses  
 
 
 
 
 
 
 
8 
4.5 
 
Exemptions 
 
 
 
 
 
 
 
 
8 
4.6 
 
Emergency Removal 
 
 
 
 
 
 
 
8 
 
SECTION 5 
TREE PERMITS 
5.1 to 5.2 
Requirement for a Permit 
 
 
 
 
 
 
9 
5.3 to 5.7 
Applications 
 
 
 
 
 
 
 
 
9 
5.8 to 5.11 
Fees and Deposits 
 
 
 
 
 
 
 
10 
5.12 to 5.16 
Conditions 
 
 
 
 
 
 
 
 
11 
5.17 to 5.21 
Replacement Trees 
 
 
 
 
 
 
 
11 
5.22 
 
Considerations  
 
 
 
 
 
 
 
12 
5.23 
 
Trees on Parcels Abutting Town Owned Land 
 
 
 
 
13 
 
SECTION 6 
RIGHT OF APPEAL 
 
 
 
 
 
 
 
13 
 
SECTION 7 
ENFORCEMENTS AND PENALTIES 
 
 
 
 
 
13 

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TOWN OF VIEW ROYAL 
BYLAW NO. 1069 
 
A BYLAW TO REGULATE THE ALTERING, CUTTING, DAMAGING OR REMOVING OF TREES  
WITHIN THE TOWN OF VIEW ROYAL 
 
NOW THEREFORE the Council of the Town of View Royal in open meeting assembled enacts as follows: 
 
SECTION 1: GENERAL 
 
Citation and Previous Bylaw Repeal 
 
1.1 
This Bylaw may be cited as “Tree Protection Bylaw No. 1069, 2022”. 
 
1.2 
“Tree Protection Bylaw No.  695, 2009” and its amendments are hereby repealed. 
 
Administration 
 
1.3 
Provisions directing or empowering any officer of the Town to do any act or thing, or otherwise 
referencing the officer by the officer’s official title, also direct or empower that officer’s 
successors in office, the officer’s lawful deputy or designate and such person as the Council may 
by bylaw or resolution designate to act in the officer’s place. 
 
1.4 
The requirements of the Bylaw are supplementary to the requirements of any other Town bylaw.  
 
1.5 
Section headings do not form part of this Bylaw and are included for convenience only. 
 
Severability 
 
1.6 
If any court of competent jurisdiction declares any phrase, sentence, or section of this Bylaw 
invalid, the invalid portion must be severed, and the severance does not affect the validity of the 
remainder.  
 
SECTION 2: DEFINITIONS  
 
2.1  
 In this Bylaw: 
 
ALTER 
means to: 
i. remove the top portion of a Tree; 
ii. remove bark from a tree or Damage any trunk or piece of Tree 
bark;  
iii. remove any Branch that is 10 centimeters or more in diameter; 
iv. Cut, Damage, or destroy by any means the roots of a Tree within 
the Protected Root Zone; 
v. change the drainage characteristics of the area within the Drip 
Line of a Tree. 
Alteration and Altered shall have the same meaning as Alter. 

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APPLICANT 
means the Owner or agent for the Owner who is applying to the 
Town for a Tree Permit. 
ARBORIST REPORT 
means a technical written report prepared by a Certified Arborist 
which may include one or more of the following:  
a) relevant information including but not limited to surveyed 
location, species, size and condition of the subject tree or 
trees;  
b) the reasons for any proposed removal of a tree or trees;  
c) the 
recommended 
tree 
protection 
and 
mitigation 
measures; and  
d) a tree replacement strategy.  
BOUNDARY TREE 
means a Tree with any part of its trunk or trunk flare crossing a 
property line, including where the adjacent property is a highway, 
park, or other Town-owned property. 
BRANCH 
means the lateral secondary woody growth originating from the 
stem of a tree. 
BUSINESS DAY 
means a day other than a Saturday, Sunday or statutory holiday. 
BYLAW ENFORCEMENT OFFICER 
means the person appointed, from time to time, as the Town’s 
bylaw enforcement officer, and shall include any acting or assisting 
officer. 
CERTIFIED ARBORIST 
means a person: 
i. certified as an arborist by the International Society of 
Arboriculture; 
ii. qualified as a tree risk assessor by the International Society of 
Arboriculture; or 
iii. qualified by the Province of British Columbia as a wildlife/danger 
tree assessor. 
COUNCIL 
means the elected Council of the Town of View Royal. 
CUT 
means to kill or remove a Tree by any means and includes the 
Topping of a tree, the removal of any Branch of a tree having a 
diameter of more than 10 centimeters, and the pulling up, pushing 
or pulling over, or otherwise felling of a Tree.  Cutting shall have the 
same meaning as Cut. 
DAMAGE 
means any action which will cause a Tree to die or to decline, 
including but not limited to ringing, poisoning, burning, Topping or 
excessive Pruning. Damaging and Damaged shall have the same 
meaning as Damage. 
D.B.H. (Diameter at Breast Height) 
means: 
i. the diameter of a Tree at 1.3 meters above the highest point of 
ground at the Tree’s base.  

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ii. for multi-stemmed Trees, the diameter of a Tree having multiple 
trunks is the sum of: 
a. 100% of the largest trunk, and 
b. 60% of the diameter of each additional trunk. 
DIRECTOR  
means the Town’s Director of Engineering or a person acting or 
delegated to act in that capacity. 
DRIP LINE 
means the radius of the outermost branch tips of a Tree. 
 
OWNER 
means the registered owner of a Parcel subject to this Bylaw. 
PARCEL 
has the same meaning as defined in the Community Charter; 
PROTECTED ROOT ZONE 
means whichever is greater of:  
i. the area of land surrounding the trunk of the Tree that contains 
the bulk of the critical root system of the Tree, as defined by a 
Certified Arborist; or 
ii. the radius of land surrounding the trunk of a Tree, calculated by 
multiplying the diameter of the tree trunk D.B.H. by 18. 
PROTECTED TREE 
see section 2.2 for definition. 
QUALIFIED GEOTECHNICAL ENGINEER means a person: 
i. registered or licensed as a professional engineer with the 
Association of Professional Engineers and Geoscientists of the 
Province of British Columbia, pursuant to the Professional 
Governance Act SBC 2018 c. 47, as amended from time to time; 
and 
ii. with declared expertise in the field of geosciences. 
PRUNE  
means to Alter or Cut any Branch under 10 centimeters in diameter. 
Pruning and Pruned shall have the same meaning as Prune. 
REPLACEMENT TREE 
means a Tree planted pursuant to section 5.17 that has at least one 
of the following sizes: 
i. a height of at least 2.0 meters; 
ii. a caliper of at least 5 centimeters (at 30cm above the ground); 
STEEP SLOPE 
means any part of a Parcel of land where the grade of incline is 2:1 
or greater. 
TOPPING 
means the removal of whole tops of Trees or large branches and/or 
trunks from the tops of Trees, leaving stubs or lateral branches that 
are too small to assume the role of a terminal leader. 
TOWN 
means the Town of View Royal. 

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TREE 
means a woody perennial plant that grows from the ground usually 
with a single permanent, usually tall, woody, self-supporting trunk 
or stem, and an elevated crown of branches and foliage. 
TREE PERMIT (PERMIT) 
means written permission from the Director authorizing the 
Alteration, Cutting or Pruning of one or more Trees from a specified 
Parcel of land or the public road allowance. 
TREE SURVEY 
means a survey plan prepared by an engineer or by a surveyor 
registered as a British Columbia land surveyor, that illustrates the 
location of trees in relation to the property lines of a lot, along with 
the size and species of each tree, plus any other information 
required by the Director for the purpose of assessing a tree permit 
application.  
WATERCOURSE 
means any natural drainage course or source of water, whether 
usually containing water or not, and includes any sea, lake, river, 
creek, spring, ravine, swamp, gulch, or source of ground water 
whether enclosed or in a conduit. 
 
 
 

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Protected Trees 
 
2.2  
PROTECTED TREES include: 
 
2.2.1 
Garry Oak (Quercus garryana); 
 
2.2.2 
Arbutus (Arbutus menziesii); 
 
2.2.3 
Pacific Dogwood (Cornus nuttallii); 
 
2.2.4 
Pacific Yew (Taxus brevifolia); 
 
2.2.5 
Douglas Fir (Pseudotsuga menziesii); 
 
2.2.6 
Grand Fir (Abies grandis); 
 
2.2.7 
Big Leaf Maple (Acer macrophyllum); 
 
2.2.8 
Sitka Spruce (Picea sitchensi); 
 
2.2.9 
Western Red Cedar (Thuja plicata); 
 
2.2.10 Shore / Contorta Pine (Pinus contorta); 
 
2.2.11 any Tree with evidence of a nest used by: 
 
i. 
Raptors as defined in the Wildlife Act, R.S.B.C. 1996. C. 488; 
ii. Osprey; or 
iii. A Heron colony. 
 
2.2.12 any Tree growing on Town-owned property; 
 
2.2.13 any Replacement Tree; 
 
2.2.14 any Tree growing on a property outside of the Applicant’s property;  
 
2.2.15 any Tree planted or retained as a requirement of a subdivision permit, development 
permit or building permit; 
 
2.2.16 any Tree having a diameter greater than 20 centimeters D.B.H.; and 
 
2.2.17 any Tree protected by a restrictive covenant. 
SECTION 3: AUTHORITY 
Director’s Discretion 
 
3.1 
The Director may do any of the following: 
 
3.1.1 
refuse to issue a Tree Permit; 

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3.1.2 
issue a Tree Permit subject to conditions;  
 
3.1.3 
issue a Tree Permit to allow a tree or trees to be Altered, Pruned or Cut; 
 
3.1.4 
issue a Tree Permit to regulate activities within the Protected Root Zone during 
construction; 
 
3.1.5 
require that the Alteration, Cutting and Pruning of Trees be carried out under the 
supervision of a Certified Arborist; and 
 
3.1.6 
require that Trees be treated in accordance with sound arboricultural practices as an 
alternative to the removal of Protected Trees. 
 
3.2 
The Director may revoke a Tree Permit after written notice to the Permit holder if: 
 
3.2.1 
there is a contravention of any condition under which the Permit was issued; 
 
3.2.2 
the Permit was issued in error; or 
 
3.2.3 
the Permit was issued based on inaccurate, incomplete, misleading or erroneous 
information. 
 
Inspections and Assessments  
 
3.3 
The Director, the Bylaw Enforcement Officer or any other Town employee authorized by the 
Director or the Bylaw Enforcement Officer may enter any property at any reasonable time for the 
purpose of inspecting and assessing Trees to ascertain if there is compliance with: 
 
3.3.1  the provisions of this Bylaw; or 
3.3.2 
any condition of an approved Tree Permit. 
 
3.4 
No person shall prevent the Director, or any Town employee authorized by the Director from 
carrying out a lawful inspection pursuant to this Bylaw. 
 
Orders  
 
3.5  
The Director, the Bylaw Enforcement Officer or any other Town employee authorized by the 
Director or the Bylaw Enforcement Officer may order or direct any person to do any one or more 
of the following: 
 
3.5.1 
discontinue or refrain from proceeding with any work that is in contravention of this 
Bylaw; 
 
3.5.2 
carry out any work or do anything to bring any land into conformity with this Bylaw; 
 
3.5.3 
discontinue doing anything that is in contravention of any term or condition of a Tree 
Permit, a tree plan or any other plan showing Trees which was approved in conjunction 
with or forms part of a development permit or a building permit; and 

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3.5.4 
carry out any work or do anything to bring land into conformity with any terms or 
conditions of a Tree Permit, a tree plan or any other plan showing Trees which was 
approved in conjunction with or forms part of a development permit or a building permit. 
 
Hazardous Trees  
 
3.6  
Owners of a Parcel shall cause all Trees on that property to be Pruned or Cut if the Director 
considers that the Trees are: 
 
i. 
a hazard to the safety of persons as determined by a Certified Arborist; 
ii. likely to damage public property; or 
iii. seriously inconveniencing the public. 
 
3.7 
The Director may notify the Owner of a Parcel that the Town will take, at the Owner’s expense, 
the action required under subsection 3.6 if the Owner does not take that action within five days 
of receiving the notice. 
 
3.8 
The Town’s permanent or contracted employees may enter a Parcel and undertake, at the 
Owner’s expense, the work referred to in subsection 3.6. 
 
SECTION 4: PROHIBITIONS 
 
General  
 
4.1 
No person shall carry out any of the following activities without first obtaining a Tree Permit issued 
by the Town for that purpose: 
 
4.1.1. Cut, Prune, Alter or Damage any Protected Tree; including, but not limited to: 
 
i. 
remove bark from a Tree; 
ii. 
dent, gouge, damage, or affix anything to the Branches or the trunk of a Tree; 
iii. 
change the drainage characteristics within the Drip Line of a Tree. 
 
4.1.2 
any of the following inside of a Protected Root Zone: 
 
i. 
Cut or Damage the roots of the Tree growing inside its Protected Root Zone; 
ii. 
undermine a Tree’s roots growing within its Protected Root Zone;  
iii. 
remove soil from a Protected Root Zone; 
iv. 
place fill, building materials, asphalt or a building or structure, or storing or 
stockpiling of organic material within a Protected Root Zone; 
v. 
deposit concrete, washout or other liquid or chemical substances harmful to the 
health of a Tree, on a Protected Root Zone; 
vi. 
operate trucks, backhoes, excavators or other heavy equipment within a 
Protected Root Zone; 
vii. 
blast operations within a Protected Root Zone; 
viii. 
blast operations outside of a Protected Root Zone that would Damage roots or 
disturb soil inside a Protected Root Zone; 

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4.2 
A person must not Cut a Tree shown as “to be retained” on a plan attached to a development 
permit, development variance permit, building permit, rezoning application or subdivision 
application. 
 
Steep Slopes  
 
4.3 
No person shall do the following without first obtaining a Tree Permit: 
 
4.3.1 
Alter or Cut any Tree growing on a Steep Slope; or 
4.3.2 
remove stumps and roots of any Trees on a Steep Slope. 
Watercourses  
 
4.4 
No person shall Cut or Alter a Tree within 30 meters of a Watercourse without a Tree Permit. 
 
Exemptions  
 
4.5 
This Bylaw does not apply to: 
 
4.5.1 
a Tree Permit is not required under this Bylaw if the tree is not a Protected Tree; 
 
4.5.2 
Trees on Town owned property or highways that are Altered, Cut or Damaged by the 
Town or its authorized agents; 
 
4.5.3 
Protected Trees that are Altered, Cut or Damaged pursuant to s. 20 of the Hydro and 
Power Authority Act, R.S.B.C. 1996, c. 212, as amended from time to time, or s. 103 of the 
Oil and Gas Activities Act, SBC 2008, c 36, as amended from time to time;  
 
4.5.4 
Trees described in s. 50 (1) (a), (b) and (c) of the Community Charter; 
 
4.5.5 
Cutting of a Branch of a Protected Tree that is less than 10 centimeters in diameter; 
 
4.5.6 
Pruning of a Protected Tree if completed by a Certified Arborist. 
 
Emergency Removal 
 
4.6 
Emergency Removal: 
 
4.6.1 
an Owner may Alter or Cut a Protected Tree or Branch of a Protected Tree that is 
prohibited from removal under this Bylaw, if the Protected Tree or Branch: 
 
i. 
has been severely damaged within the preceding 24-hour period; and 
ii. is in imminent danger of injuring individuals or property. 
 
4.6.2 
following the Alteration or Cutting of a Protected Tree or Branch under subsection 4.6.1, 
an Owner must: 
 
i. 
contact the Director within one Business Day of the Alteration or Cutting; and 

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ii. provide photographic documentation demonstrating the necessity for Alteration or 
Cutting. 
 
SECTION 5: TREE PERMITS  
 
Requirement for a Permit  
 
5.1 
A person shall not Cut or Alter and shall not cause or permit the Cutting or Alteration of a 
Protected Tree without first obtaining a Tree Permit. 
 
5.2 
A person must obtain a permit to undertake any of the activities listed in sections 4.1 to 4.4. 
 
Applications 
 
5.3 
Application for a Tree Permit shall be made to the Director and must include all of the following: 
 
5.3.1 
the location and D.B.H. measurements of all Protected Trees on a Parcel measured from 
the highest point at which the trunk of the Protected Tree meets the ground; 
 
5.3.2 
a site plan including: 
 
i. 
the position of all Trees and structures located upon the relevant parcel; 
ii. 
the location, species, Protected Root Zones, and diameter of the Trees being 
proposed to Cut, Prune or Altered; 
iii. 
the location, species, and Protected Root Zones of all Protected Trees which may 
be affected by the Damaging activities; 
iv. 
the location of proposed construction, excavation, and blasting activities in 
relation to all Trees on the Parcel; and 
v. 
the purpose and reason for which the Tree or Trees is proposed to be Altered or 
Cut. 
 
5.3.3 
the signature(s) of the Owner(s) of the lot or Parcel where the Tree is located, or by a 
person authorized in writing by the Owner(s) to act as their agent. 
 
5.3.4 
all reports, surveys, checklists, letters and other information required under this Bylaw or 
as required by the Director which may include a report prepared by a Certified Arborist 
including: 
 
i. 
an Arborist Report in accordance with Schedule “A”;  
ii. 
a Tree Management Plan and Tree Survey in accordance with Schedule “B”; 
iii. 
a Replacement Tree strategy. 
 
5.3.5 
any security required under this Bylaw; and 
 
5.3.6 
payment of the fees required under sections 5.7 to 5.10 of this Bylaw. 
 
5.4 
an Applicant for a Tree Permit must flag each Tree proposed to be Altered, Pruned or Cut; 
 

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5.5 
If the Tree Permit application is made by the Owner of a strata or bareland strata Parcel for a Tree 
located on common property, a letter of approval from the strata corporation with the signatures 
of three current executives must accompany the application. 
 
5.6 
If the Tree Permit is for the removal or Pruning of a Boundary Tree or Trees, a signed letter from 
the adjacent Owner(s) consenting to the proposed removal or Pruning must accompany the 
application. 
 
5.7 
Every application for a Tree Permit pursuant to Steep Slopes shall:  
 
5.7.1  be accompanied by a report prepared by a Qualified Geotechnical Engineer, at the 
Applicant’s expense, stating that the proposed Tree removal will not create a danger from 
flooding, erosion, landslip or avalanche; 
 
5.7.2 
if the report of the Qualified Geotechnical Engineer requires the construction of works 
necessary, no Tree Permit shall be issued unless the Applicant provides to the Town a 
surety deposit in the amount of 120% of the cost of the works as estimated by the 
Qualified Geotechnical Engineer; 
 
5.7.3 
the Applicant shall enter into an agreement with the Town with respect to any security 
required; 
 
5.7.4 
the Applicant shall be responsible for, and at their own expense execute all work required 
in the Qualified Geotechnical Engineer’s report to ensure the stability of the Steep Slope; 
 
5.7.5 
upon completion of the required works and certification of the geotechnical engineer that 
the works satisfy the requirements to maintain the stability of the Steep Slope, the surety 
deposit shall be released; 
 
5.7.6  the works shall be completed within the period of time specified on the Tree Permit. 
Should the works not be finalized within the stated period of time, the Town may have 
the works completed at the Applicant’s expense using the surety deposit. 
 
Fees and Deposits 
 
5.8 
An application for a Tree Permit shall be accompanied by the fee as prescribed in the Fees and 
Charges Bylaw No. 958, 2016, as amended from time to time, for either of the following:  
 
5.8.1 
regular processing; or 
 
5.8.2 
priority processing. 
 
5.9 
A re-inspection fee may be applied if the Town’s inspector is required to return after the first 
assessment. No further assessment will be conducted until the re-inspection fee has been paid in 
full. 
 
 
5.10 
The Applicant for a Tree Permit may be required to provide to the Town, prior to issuance of a 
Tree Permit, security in the amount of 120% of the total cost of the purchase, planting and one 
year of maintenance of the required number of Replacement Trees.  
 

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5.11 
A security provided in accordance with section 5 shall be refunded to the Applicant when the 
Replacement Tree purchase, planting and maintenance requirements have been carried out to 
the satisfaction of the Director.  
 
Conditions  
 
5.12 
The works must be completed within the period of time specified on the Tree Permit; 
 
5.13 
The Director may specify, as a condition of a Tree Permit, the arboricultural practices that must 
be followed in connection with the activity authorized under the Tree Permit. 
 
5.14 
The holder of a Tree Permit issued for construction shall comply with all the following conditions: 
 
5.14.1 at the Director’s discretion before excavation, blasting, construction or other Tree-
Damaging activity is carried out on the land to which the permit applies, the Permit holder 
must install tree protection as illustrated in the Subdivision and Development Servicing 
Bylaw No. 985, 2017 supplementary drawing VRSD-LI, as amended from time to time. 
 
5.14.2 the Tree Permit holder shall continuously maintain the fence or other protective measure 
until the completion of the work proposed to be carried out on the land to which the Tree 
Permit applies. 
 
5.14.3 the Tree Permit holder shall take protective measures approved by the Director to 
separate that land from the remainder of the Protected Root Zone of a Tree to which the 
Tree Permit applies. 
 
5.15 
If Protected Tree roots are Cut by excavation: 
 
 
5.15.1 The Tree Permit holder shall engage a Certified Arborist to: 
 
i. 
provide a report advising of the Tree mortality; 
ii. 
immediately wrap the Cut roots that are still attached to the Tree in a root curtain 
of wire mesh lined with burlap supported by posts; and 
iii. 
continuously keep the root curtain of wire mesh and burlap moist throughout the 
Tree Permit holder’s construction process. 
 
5.16 
All Tree Permits expire after 12 months from the date of issuance. 
 
Replacement Trees  
 
5.17 
For each one Protected Tree removed by a Tree Permit holder, two Replacement Trees shall be 
planted. 
 
5.18 
Every Replacement Tree must be: 
 
5.18.1 of a species and in a location authorized by the Director, in accordance with accepted 
arboricultural practices and shall be maintained according to the most current edition of 
Canadian Landscape Standard in place at the time of planting; 
 

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5.18.2 where a Tree for which a Replacement Tree is required is a Protected Tree species, the 
Replacement Tree must be of the same species, or as approved by the Director; 
 
5.18.3 planted: 
  
i. 
within one (1) year of Tree Permit issuance, or 
ii. 
if required as the result of a Development Permit, prior to the Occupancy Permit 
being issued, unless extension period has been applied for and granted by the 
Director; 
 
5.18.4 maintained in good health.  
 
5.19  
The Director will inspect Replacement Trees after the one (1) year period to confirm state of 
health acceptable to the Town.  If the health is determined to be unacceptable, at the Director’s 
discretion replanting will be required, and the maintenance period extended by one (1) year. 
 
5.20 
At the Director’s discretion, a Permit holder may provide and/or plant Replacement Trees on 
Town property.  Such Replacement Trees may be larger than prescribed at the Director’s 
discretion. 
 
5.21 
If there is insufficient area on a Parcel to accommodate the required Replacement Trees, or if the 
quantity of Replacement Trees cannot be accommodated on the Parcel, a Permit holder may 
submit a request to the Director to instead pay to the Town a fee for each Replacement Tree 
required to be replanted. 
 
Considerations 
 
5.22 
The Director may issue a Tree Permit authorizing the Cutting, Pruning or removal of a Protected 
Tree, or any other activity that would otherwise be prohibited by definition of a Protected Tree, 
for one or more of the following reasons: 
 
5.22.1 the Tree, due to disease decay, dieback or other pathological conditions is in an advanced 
and irreversible state of decline as confirmed by a Certified Arborist; 
 
5.22.2 the Tree is deemed hazardous, in writing, by a Certified Arborist; 
 
5.22.3 where the Owner of a Protected Tree submits an arborist report which documents that 
the Protected Tree, by virtue of its size and species is inappropriate for its location and 
includes reasons that it is deemed to be inappropriate to the satisfaction of the Director; 
 
5.22.4 to eliminate a hazard caused by interference with utility; 
 
5.22.5 to eliminate a situation where pressure or penetration from Tree growth above or below 
ground is causing Damage to a building or part thereof, or to a significant structure, and 
there is no other reasonable solution that would not impose an undue hardship; 
 
5.22.6 a Certified Arborist confirms in writing that the proposed Pruning will benefit the Tree; 
 
5.22.7 Trees have been approved for removal as part of a development permit, a street 
construction permit, or building permit. 

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Trees on Parcels Abutting Town-owned Land 
5.22.8 Pruning for aesthetic reasons may be performed by an Owner whose Parcel abuts Town-owned 
land with permission from the Director.  This Pruning must be carried out by a Certified Arborist, 
in accordance with Canadian Landscape Standards (current edition). 
 
SECTION 6: RIGHT OF APPEAL  
 
6.1 
The Owner a Parcel that is subjected to a decision of the Director to grant or refuse a Tree Permit, 
or to impose conditions on the granting of a Tree Permit is entitled to apply to Council to have the 
decision reconsidered. 
 
6.2 
An application for reconsideration shall be made in writing to Council. 
 
6.3 
There is no charge for an application for reconsideration. 
 
SECTION 7: ENFORCEMENT AND PENALTIES 
 
7.1 
Any person who: 
 
i. 
contravenes or violates any provision of this Bylaw or of any Permit issued under this 
Bylaw; 
ii. allows any act or thing to be done in contravention or violation of this Bylaw or any Permit 
issued under this Bylaw; 
iii. fails or neglects to do anything required to be done by this Bylaw or any Permit issued 
under this Bylaw, 
 
commits an offence and is liable on summary conviction pursuant to the Offence Act of a fine of 
not less than $1,000 and not more than $50,000.  
 
7.2 
Where one or more Protected Tree is Cut, Altered or Damaged, other than as authorized by this 
Bylaw, or more than one Protected Tree is not replaced or maintained in accordance with a Permit 
issued under this Bylaw, a separate offence is committed in respect of each Protected Tree. 
 
7.3 
Each day that a contravention of a provision of this Bylaw continues is a separate offence. 
 
7.4 
This Bylaw may be enforced by issuing of a ticket for contravention in accordance with the 
Municipal Ticket Information Bylaw No. 643, 2007.   
 
7.5 
The penalties imposed under this section are in addition to and not in substitution for any other 
penalty or remedy that may be imposed pursuant to this Bylaw, other Town bylaws or otherwise 
by law.  
 
 

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READ A FIRST TIME THIS 1st DAY OF FEBRUARY, 2022. 
 
READ A SECOND TIME THIS 1st DAY OF FEBRUARY 2022. 
 
READ A THIRD TIME THIS 1st DAY OF FEBRUARY, 2022. 
 
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE 
SEAL OF THE TOWN OF VIEW ROYAL THIS 15th DAY OF FEBRUARY, 2022. 
 
 
 
 
______________________________ 
 
______________________________ 
MAYOR  
 
 
 
 
CORPORATE OFFICER 
 
 

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SCHEDULE “A” 
MINIMUM ARBORIST REPORT REQUIREMENTS 
Arborist Report Information 
1. 
The purpose of the arborist report is to provide the necessary information to determine suitable trees 
for preservation, and to prescribe tree protection and mitigation measures, including the definition 
of specific areas and activities requiring arborist supervision. 
 
2. 
The arborist report must: 
a. 
Include the following information: 
i) 
Name of arborist and company, address, phone number and email; 
ii) Proof of professional liability insurance; 
iii) Arborist ISA certification number; 
iv) Name and contact information of client; 
v) Address of property; and 
vi) Date of site visit and date of when report was submitted, with any revisions to the 
report dated. 
 
b. 
Include all of the following trees: 
i) 
All existing trees on the subject lot that can reasonably be provided by the certified 
arborist; 
ii) All existing trees outside of the subject lot, with protected root zones or tree canopies 
extending onto the subject lot, or would otherwise require tree protection; and 
iii) Replacement trees proposed on the subject lot; 
 
c. 
Include unique, sequential reference IDs for all inventoried trees that correspond to the tree 
management plan. Onsite trees shall have a physical tag number affied to the trunk, which will 
be reference ID. For untagged trees, the following prefixes will be used: offsite (OS-##), and 
municipal (M-##). 
 
d. 
Include a description of proposed work and, when applicable, proposed development on the 
lot including all hardscape, landscape, hydrology and grade changes, all proposed frontage 
work, and all underground and overhead utility services. 
 
e. 
Include recommendations for tree protection and mitigation measures for all project phases, 
including but not limited to demolition, site excavation, site preload, construction, project and 
material 
staging, 
servicing, 
landscaping, 
grading, 
and 
other 
site 
disturbances. 
Recommendations must treat all trees as being retained for all phases prior to the issuance of 
the building permit for construction and tree permit regardless of whether they are planned 
to be removed. They must include at minimum: 
i) 
Tree protection fencing locations and extents; 
ii) Specific activities and areas when arborist supervision is required; 
iii) Site access routes; 
iv) Material storage areas; 
v) Any pruning that may be required to provide clearance; 
vi) Post-construction tree care measures; and 
vii) Other necessary mitigation measures. 
 

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f. Include a list of other consulting agency documents that inform the tree assessment, including 
the version and date of such documents (e.g. lot layout plans, servicing plans, biologist reports, 
lot grading plans). 
 
g. Include a tree inventory table, providing information on each tree identified pursuant to 
subsection (b), which shall include the following columns; 
i) 
Tree ID; 
ii) Species (common and botanical); 
iii) Bylaw status (protected, non-protected, municipal) 
iv) DBH (cm); 
v) Protected Root Zone (“PRZ”, measured in m radius from trunk); 
vi) Canopy spread (diameter and m from trunk); 
vii) Structural condition (poor, fair, good); 
viii) Health condition (poor, fair, good); 
ix) Retention suitability (suitable, unsuitable); 
x) Species tolerance to disturbance (poor, moderate, good); 
xi) Recommendation to remove or retain, or if the retention status is “to be determined”; 
xii) Specific reason for removal or “to be determined”, if applicable; and 
xiii) Comments (including prune or cut), and location. 
 
h. Include site photos that: 
i) 
Capture the context of inventoried trees on the site; 
ii) Capture individual trees when there are specific considerations or conditions of 
concern for that tree that are addressed in the arborist report; 
iii) Are labelled as numbered figures with captions describing any numbered tree tags, 
direction of photo, and description of what is pictured; and 
iv) Are marked up with tree tag numbers for each tree if multiple trees are shown. 
 
i. 
Include a construction impact assessment, complete with a summary table, outlining the 
retention, removal and “to be determined” onsite trees, offsite trees and municipal trees; 
 
j. 
Include a tree replacement summary table counting replacement trees required, and 
calculating cash-in-lieu amounts; 
 
k. Include the signature of the arborist; 
 
l. 
Either: 
i) 
Be dated within one year of the tree permit application date; or 
ii) Have a covering letter from the original author stating that they have visited the site 
and the conditions and recommendations contained in the original report remain 
valid. 
 
m. Identify any revisions or amendments necessary and approved by the Town into the original 
report with all changes identified; 
 
3. 
Where the original arborist report submitted to the City is incomplete or inaccurate, the Director may 
retain the services of an independent arborist or other professional to review an arborist report, to 
be paid by the Applicant and prior to issuance of the tree permit. 

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SCHEDULE “B” 
MINIMUM TREE SURVEY AND TREE MANAGEMENT PLAN REQUIREMENTS 
A. 
Tree Survey 
 
1. 
The purpose of the tree survey is to accurately locate the position of the trees on or adjacent to a 
property to establish ownership and to accurately establish the protected root zones of all trees 
and tree protection requirements for tree retention during development. It provides a clear visual 
of where buildings and infrastructure are located and where new buildings could be best sited to 
minimize negative impacts to trees suitable for retention. It is also useful to show the tree 
protection and mitigation measures for all project phases that is recommended in an Arborist 
Report. The tree survey should be used as the base for the tree management plan. 
 
2. 
The tree survey must: 
 
a) Be based on a legal survey of the lot, completed by a registered BCLS surveyor; 
 
b) Include all of the following trees: 
i) 
All existing trees on the subject lot that can be reasonably be surveyed; 
ii) All existing trees outside of the subject lot, with protected root zones or tree 
canopies extending onto the subject lot, or would otherwise require tree protection; 
and 
iii) Trees identified in an accompanying Arborist Report; 
 
c) Indicate the existing trees in (b) with a scaled circle to represent the trunk and the reference 
ID located directly adjacent to the trunk. The canopy outline shall be indicated with a fine, 
dotted-line circle and the protected root zone shall be indicated with a bold, solid-line circle. 
 
d) Include a sufficient number of elevation points so that areas where cuts or fills are required 
can be identified on future grading plans and the tree management plan. 
 
e) Include the location and type of all existing utilities above and below grade entering or 
immediately adjacent to the subject site. 
 
f) Include the existing and proposed property lines, rights-of-way, easements, location of trees, 
base grades of trees, grades at property lines, principal and accessory building footprints, 
walkways, patios, retaining walls (top and toe of grade), fences, driveways, sidewalks, curbs, 
natural features, rock outcrops, existing services (water, storm and sanitary sewer lines, 
hydro, telephone, cable, internet and gas lines, and any existing service kiosks and boxes). 
 
g) Include all areas and trees protected by a restrictive covenant in favour of the City, indicating 
the purpose of the covenant and the land title registration number. 
 
h) Have all dimensions in metric and include a title block with north arrow, bar scale, date, 
surveyor’s seal and company name, and a legend to identify symbols. 
 
i) 
Date any revised plans. 

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B. 
Tree Management Plan 
 
1. 
The purpose of submitting the tree management plan is to show the location of trees along with their 
canopy spread and protected root zones in relation to proposed changes, so potential impacts can 
be analyzed and trees can be identified as retained or removed. Additionally, the tree management 
plan is used to show where tree protection fencing, arborist supervision, ground protection or other 
mitigation measures are required. 
 
2. 
The tree management plan must: 
 
a) Be prepared by a Certified Arborist; 
 
b) Be prepared with the tree survey as its basis and include the location of all trees within the tree 
survey; 
 
c) Show all proposed changes including preliminary lot grading (with respective slopes and 
elevation changes), buildings, landscaping, hardscaping, and frontage works. 
 
d) Show trees to be removed, indicated with a bold X through the survey point. The canopy outline 
and protected root zone shall be identified in accordance with the tree survey requirements; 
 
e) Show trees to be retained, complete with canopy outline and protected root zone identified in 
accordance with the tree survey requirements; 
 
f) Show any works requiring arborist supervision or tree protection recommendations, and indicate 
the location where they apply. 
 
g) Identify all inventoried onsite trees with unique, sequential reference ID numbers, in accordance 
with the arborist report; 
 
h) Date all plans and revisions. 
 
3. The applicant must provide the arborist with up-to-date drawings and inform the arborist of any 
details for proposed changes to plans throughout the different stages of development, including but 
not limited to rezoning, subdivision, development permit and building permit demolition, excavation 
and construction. 
 
 

Document Details

Status
Active
Year
2022
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