Whereas regional districts have no regulatory authority for tree cutting except as it relates to environmental hazard protection, while municipalities have broader powers to regulate tree protection; And whereas unincorporated rural areas with high population densities may share similar concerns as municipalities with respect to protecting trees to mitigate potential ecosystem impacts, excessive storm water runoff impacting properties, general neighbourhood feel and control over sightlines, as well as the desire to protect certain species of trees: Therefore be it resolved that UBCM urge the provincial government to provide regional districts broader authority over tree cutting that is equal to the regulatory power of municipalities for tree protection, particularly in unincorporated rural areas that are more densely populated.
Ministry of Municipal Affairs and Housing Under the Local Government Act LGA, local governments have the power to adopt bylaws that place restrictions on forest management activities on private unmanaged land within regional boundaries, including aligning their bylaws with requirements equivalent to Crown forest land regulations. Regional districts can use development permit powers and tree cutting permits to limit the cutting of trees related to environmental protection and hazard protection issues. Municipalities have the same LGA development permit powers, but under the Community Charter, they have broader powers to regulate, prohibit and impose additional requirements related to trees. For example, some municipal tree protection bylaws require protection, removal, replanting and replacement of trees. The consideration of expanding regional districts powers to regulate tree cutting in rural areas designated for urban expansion, should be balanced with support for working forests on private and Crown land. The Ministry recognizes that regional districts can face unique challenges that may require customized solutions. Given the complexity of the issue and that the issue of tree protection is of particular interest to some regional districts, the Ministry will continue to monitor issues as they arise.