Tree protection bylaw axed by NOTL

There will be no bylaw to preserve and protect trees on private properties in the urban areas of Niagara-on-the-Lake, at least for now.

A bylaw that would have required property owners to seek permits and in some cases the assistance of an arbourist before trimming or removing trees failed to pass at town council Monday.

Instead, after a lengthy discussion, council decided to just receive the staff report on the bylaw. It could be brought back to the next town council for further debate and public input.

Councillors voted 6-1 in favour of receiving the staff report with some councillors calling the proposed legislation “intrusive” for property owners.

“It’s very aggressive, almost nasty,” said Coun. Jim Collard, referring to the fines that would be imposed for taking down trees and having to replant others.

“It’s the public taking control of your lot,” he said. “I don’t give a darn what my neighbour thinks of my lot.”

Collard said regulating trees on private properties may work in some municipalities like Toronto, but Niagara-on-the-Lake residents don’t usually cut down trees “willy-nilly.”

Coun. Terry Flynn said the tree canopy in Niagara-on-theLake is the envy of other municipalities and the proposed bylaw could result in “tree police reporting to council.”

“It’s about development,” said Coun. Paolo Miele. “Residents want to keep them (trees).”

He suggested that tree preservation be dealt with during the site plan approval process for new developments and increased public education and participation in tree protection and replacement should be encouraged.

Coun. Betty Disero, an advocate for a tree protection bylaw, voted against simply receiving it.

“This council has been asking (for a bylaw) for four years,” she said. “Lately I’ve been walking down a lot of streets with no trees.”

She pointed out that council cannot legally enact legislation that applies only to private properties in the urban areas that are slated for development.