Newmarket council is going ahead with a bylaw to restrict private tree cutting, though opted to blunt the fees in response to resident concerns.
Council’s committee of the whole voted Jan. 24 to pass the bylaw with a series of amendments, including waiving fees for removal of dead, dying or hazardous trees. After years of discussion on the idea, the bylaw will still install a process meant to stop many trees from getting cut on private properties.
Mayor John Taylor said it made sense to proceed and that Newmarket’s urban neighbours all have similar rules in place.
"The canopy is something that is shared, but at the very base of the tree, it’s very private and very personal," Taylor said. "Trying to find a balance between those two."
The bylaw proposes to require permits and forbid the cutting of most trees greater than 20 centimetres in diameter at breast height, except dead, dying, nuisance, or trees cut for development permits or pools.
The town is proposing an administrative fee based on the number of trees removed, including $100 for one tree, $300 for two to four trees, $1,000 for five to 10 trees and $5,000 for any above that. An additional $100 per tree charge would also be in place, though all these fees will not exist for dead, dying, hazardous or property-damaging trees.
That amendment came after councillors expressed concerns from residents about the cost burden. The bylaw had initially suggested a $300 administrative fee for all permits, in addition to $100 per tree but multiple councillors expressed that it was too stiff for well-intentioned tree removal.
“I honestly don't believe our residents are wanting to reduce our canopy,” Councillor Kelly Broome said. “I just think it’s onerous and too financially burdensome on our residents.”
The bylaw will still need to be ratified by council at a future meeting.
The bylaw will include penalties, though staff said there would be an education-first approach. Fines for injuring or destroying a tree will cost $1,000. Injuring or destroying a heritage tree was initially set to cost $2,000, though the council changed that figure to $5,000.
The permitting process will not come into complete effect immediately, and all associated fees will be waived until July 1. However, fines and enforcement will go into effect right away in a bid to stop anyone rushing to cut trees before the town can fully administer the bylaw.
Some citizens and environmental groups have long-requested these rules, concerned by unnecessary cutting and developers clear-cutting before submitting an application. However, others have protested it over concerns about restrictions on private property.
Senior planner of development Meghan White said the trees have both environmental and financial value. The town aims to increase its tree canopy cover from 28 per cent to 35 per cent, per regional plans.
"As climate change continues to make our weather more severe and unpredictable, trees are an infrastructure asset that increases our resilience,” White said.
Councillor Grace Simon said she was concerned about treating all properties equally and suggested less restriction for private residences. She also said she likes the Town of Aurora tree bylaw, which allows residents to cut two trees a year without penalty.
“I agree with tree canopies, and I want to see trees planted,” she said. “But just putting everybody into one category causes an issue.”
She submitted a motion to waive all fees for a resident to cut down one tree regardless of reason, which failed by a 6-3 vote, with herself, Deputy Mayor Tom Vegh and Councillor Jane Twinney voting in favour.
Taylor said the bylaw has been a long time coming and that many have opinions about it. But he said the town could reexamine it if necessary.
“It is a complicated issue,” Taylor said. “We can always revisit this a year from now or two years from now, based on how well it’s going.”
