Clarification Regarding the Requirement of a Tree Permit and Associated Conditions for Dead Trees

Sent: May 30, 2025 6:46 AM
To: Mayor And Council Email mayorandcouncil@viewroyal.ca

Hello Mayor and Council,

As Bylaw Enforcement/Engineering was unable to provide an answer, I am writing to seek clarification regarding the necessity of obtaining a tree permit (with the associated replacement tree planting conditions on said permit) when a tree is considered dead. It is challenging to understand the requirements from what is written in the bylaw, but also inherently from what I imagine the bylaw was likely intended to do; to ensure that protected tree species are not harmed, and if removed out of desire (ex. development) that the Towns overall tree canopy/green space is not slowly eroded. Of peripheral importance is that the dead tree on my property now poses a hazard as it is immediately adjacent to my power line.

The clarification I would like to obtain is how, under Bylaw 1069, a permit could be required for pruning/alteration/removal of a dead tree, given the definition of a "Tree" under the bylaw and the use of this definition within the bylaw. The definition describes a tree that is alive and able to grow ("that grows from the ground"). I also wonder if the bylaw was intentionally written this way, as stipulating requirements associated with the removal of dead hazardous trees may actually pose some degree of risk to the Town in delaying or burdening/impeding the owner with their removal.

In quotations below I have copied relevant excerpts from the bylaw in my previous correspondence with the Town Bylaw/Engineering department. I was advised I needed to submit an "Appeal" under s6.1 and s6.2 of Bylaw 1069 regarding the permit conditions. I am not appealing the conditions (I have signed on to agree to the conditions and returned a copy of the permit to the Town), however, I would just like an explanation as to how permits can be required, and conditions applied, when trees are considered dead by arborists.

"It appears from the permit that the Town's arborist is in agreement with my arborist that this tree is in fact dead. I have no intention of being difficult through this process, but I am struggling with the counterintuitive nature of replacement tree requirements for dead trees (and in this case, a hazard), as well as the necessity for a permit based on the definition of a tree in the Tree Protection Bylaw 1069 ("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."). It also appears that within the bylaw, this definition of a tree (that "grows") is reflected and utilized in other sections, such as under s5.22.1 as a permit can be issued for a tree that is still alive ("grows"), but "is in an advanced and irreversible state of decline"."

Thank you for your time,

Silverio Nanni

View Royal Ave