Tree Protection Bylaw

Questions and Answers

• What is a Regulated Tree?

  A Regulated Tree is a tree that meets one of the size, species, or protection categories in the Tree Protection Bylaw. This includes:

  • Priority Species with a DBH of 20 cm or more of the following species:
    • Douglas-fir
    • Western redcedar
    • Western hemlock
    • Grand fir
    • Sitka spruce
    • Western white pine
    • Shore pine
    • Pacific yew
    • Seaside juniper
    • Arbutus
    • Garry oak
    • Bigleaf maple
    • Trembling aspen
  • Other trees with a DBH of 30 cm or more
  • Protected Trees, including:
    • Trees with a DBH of 50 cm or more
    • a replacement tree, 
    • a retained tree, 
    • a tree, regardless of size, growing wholly or partly on land owned or managed by the Town, 
    • A tree, regardless of size, planted or retained as a condition of a permit, approval, or agreement issued under the authority of a Town of Comox bylaw,
    • a tree protected by covenant.
• Do I need a permit to remove a Regulated Tree?

  Yes. A permit is required before a Regulated Tree can be damaged, cut, or removed, unless a specific bylaw exemption applies.

• How is a Protected tree different from a Regulated Tree?

  A Regulated Tree that is not a Protected Tree may be removed for any reason, provided the permit application is acceptable to the Town and all fees, permit conditions, and replacement tree requirements are met. 

  If the Regulated Tree is also a Protected Tree, specific rules apply.

• When can a Protected Tree be removed?

  1. The tree is dead, or more than 50% of the crown is dead. 
  2. The tree is hazardous and cannot be made safe without removal. 
  3. The tree conflicts with an approved building footprint. 
  4. Required works or services cannot be located elsewhere. 
  5. The tree is damaging a lawful building or service, and the damage cannot be fixed another way. 
  6. A qualified professional recommends removal to reduce wildfire hazard. 
  7. The tree is an invasive species. 
  8. The tree must be removed to comply with another Town bylaw.
• How much does a Tree Permit cost?

  See the fees and charges bylaw for costs by permit type.

• How long is a Tree Permit valid?

  For a Tree Permit related to a development application, the permit is valid until the earlier of 1 year after final occupancy or 5 years from the date of permit issuance. For a Tree Permit not related to a development application, the permit is valid for one year from the date of issuance.

• Can I prune a tree without a permit?

  Yes, pruning done according to best practices is not considered “cutting” under the bylaw. However, pruning that causes tree damage may be regulated. Damage includes pruning that is not in accordance with best practices, including removing more than 25% of the tree’s live foliage or bud-bearing branches. Topping is also considered damage unless authorized by the Parks Manager. 

• Are replacement trees required?

  A Tree Permit may require replacement trees for each Regulated Tree that is cut or removed. The number of replacement trees is based on the DBH of the removed tree. Larger trees require more replacement trees.

• What if there is no room to plant replacement trees?

  The Town may accept cash-in-lieu instead of planting replacement trees. For development applications, this may only be accepted where the Parks Manager is satisfied that the replacement trees would not have enough growing space on the lot. Cash-in-lieu funds are deposited into a reserve fund for tree planting and maintenance.

• My property has a lot of trees already – can I avoid the replacement requirements?

  The Tree Protection Bylaw allows the Parks Manager to reduce the number of replacement trees required by 1 for every Regulated Tree that is designated as a Retained Tree on the Tree Permit. Once a Retained Tree has been designated, it is considered a Protected Tree. Additional information may be needed by the Parks Manager to evaluate an application that seeks to reduce replacement tree requirements, such as an arborist report.

  This reduction is not available if an application will remove more than 10 Regulated Trees, or if an application would result in more than 10 Regulated Trees being removed from the lot in the past 2 years. Please review the example scenarios below.

  Example 1	Example 2	Example 3
  An application is made to remove 3 Regulated Trees, each of which have a DBH of 20-59 cm. No Tree Permits have previously been issued for this lot.   The Tree Protection Bylaw requires 6 replacement trees be planted to compensate for the removal.   If the 3 trees are removed, no Regulated Trees will remain on the Lot.   The applicant must plant 6 replacements or pay cash-in-lieu to the Town. A combination of replacement trees and cash-in-lieu may be acceptable.	An application is made to remove 3 Regulated Trees, each of which have a DBH of 20-59 cm. No Tree Permits have previously been issued for this lot.   The Tree Protection Bylaw requires 6 replacement trees be planted to compensate for the removal.   If the 3 trees are removed, 15 Regulated Trees will remain on the Lot.   The applicant may elect to designate 6 of the 15 remaining trees as Retained Trees via the Tree Permit application. These trees will become Protected Trees upon permit issuance. No replacements are required to be planted.	An application is made to remove Regulated Trees, each of which have a DBH of 20-59 cm. Last year, a Tree Permit was issued to remove 9 Regulated Trees on this lot.   The Tree Protection Bylaw requires 6 replacement trees be planted to compensate for the removal.   No reduction in the number of required replacement trees is available, because the application will result in 12 Regulated Trees being removed from the lot in the past 2 years.   The applicant must plant 6 replacements or pay cash-in-lieu to the Town. A combination of replacement trees and cash-in-lieu may be acceptable.

   

   

• Can I cut or remove a tree that is on Town property?

  Contact the Town before doing any work on a tree which is wholly or partly on Town-owned or Town-managed land. All trees that are owned or managed by the Town are Protected Trees.