Application Instructions
Step 1 - Pre-Consultation
We strongly encourage you to consult with forestry staff prior to submitting this application.
Step 2 - Tree Marking
Trees proposed to be removed shall be marked by a certified tree marker with a vertical line of paint near the inner root flare below the cut line on both sides of the tree. If paint marked near the inner root flare is not visible, it shall be marked at an alternate location as approved by the County.
Step 3 - Application Submission Requirements
In order for this permit application to be deemed complete this application must be accompanied by:
- Where there are trees that are considered common property with an adjacent property, submitting a letter from the adjacent land owner agreeing to the proposed clearing.
- Submitting the prescribed fee as set out in the Fees and Charges By-Law due at the time of application:
- Application Fee where clear cutting of trees is less than 0.5 hectare: $520
- Application Fee where clear cutting of trees is equal to or greater than 0.5 hectare: $1560
- If approved, there may be additional fees related to items such as replacement trees, securities, agreements and/or re-inspection where clear cutting is not in accordance with an approved plan. Replacement trees are required to be planted at a ratio equal to at least two times the aerial extent of the canopy of trees removed. Please be advised that the securities or cash-in-lieu fee for replacement trees is $2,320 per every 0.2 hectare required to be planted.
- Submitting an Environmental Implementation Plan where clear cutting is less than 0.5 hectare. The Plan shall include a proposal for replacement trees as detailed below.
- Submitting an Environmental Impact Study and an Environmental Implementation Plan where clearing cutting is equal to or greater than 0.5 hectare.
- Proof of a valid homeowner’s liability insurance policy.
- Other information as deemed necessary by the Designated Official.
Environmental Implementation Plan Requirements
An Environmental Implementation Plan shall be prepared in the form of a short report and accompanying plan that includes a tree inventory, preservation details, and replacement planting plan. The Plan shall incorporate all of the following information unless otherwise directed by the County:
a) The purpose of tree removal;
b) Demonstration that:
i. There is no reasonable alternative to the clearing of trees and removal of trees has been minimized and mitigated to the maximum extent possible;
ii. The proposal is in conformity with the vision, objectives and policies in the County Official Plan, Provincial Policy Statement, and Growth Plan for the Greater Golden Horseshoe with regard to climate change, green infrastructure, and protecting, maintaining, and improving natural heritage features and areas, natural heritage systems, and water resource systems; and
iii. Natural landforms or contours, erosion hazards will be adequately protected.
c) History of tree removal on the property in conjunction with all previous permits, planning approvals, regulations, violations, and other removal of trees in natural heritage features and areas.
d) Photographs of trees to be cleared;
e) An inventory of trees to be cleared including the location, size, species, general age and health. The inventory shall be described in the report and illustrated on an accompanying drawing;
f) Identification of trees to be removed and retained, which shall be described in the report and illustrated on an accompanying drawing;
g) Identification of natural areas, surface water features and setbacks (e.g. wetlands, rivers, wildlife habitat, and valley lands), which shall be described in the report and illustrated on an accompanying drawing;
h) A statement identifying whether any threatened, endangered or special concern species listed in the Endangered Species Act are present on the property. This shall include an assessment of trees that may contain the habitat of threatened and endangered species, such as roosting trees for bat species (e.g. little brown myotis) and whether any approval is required from the Ministry of Environment, Conservation and Parks. The County may require written authorization from the Ministry. Any protected habitat or tree species including mitigation measures shall discussed in the report and identified on the accompanying drawings;
i) A statement on the accompanying plans, including timing windows, required to comply with the Migratory Birds Convention Act;
j) A site plan of any proposed development including building, structures, services/utilities, grading, drainage, and limits of construction;
k) Details on how trees will be identified on site for removal and retention, which shall be described in the report and illustrated on an accompanying drawing;
l) Protection measures for natural areas and surface water features to be retained such as trees protection fencing;
m) The report shall include a proposal for replacement trees outlining if replacement planting will be on the lands subject to the clearing, on alternate lands, and/or if cash-inlieu will be provided. The proposal must include the total area of the canopy of trees to be injured or destroyed, and the aerial extent of replacement trees required to be planted. Where trees are to be planted on the subject lands or on alternate lands, the following shall apply to replacement trees, the details of which shall be illustrated on accompanying plans:
- Replacement trees shall consist of planting a diversity of non-invasive native trees and vegetation through reforestation or afforestation.
- Replacement trees may include a mixture of native trees, plants, ground covers, savannahs and tallgrass prairies, and seed mixes.
- The minimum density of replacement trees must meet the number of trees per hectare required to meet the definition of a woodland or woodlot.
- Where trees are to be planted on the subject lands, the proposed size of replacement trees should be based on consultation with the County
- Details shall be provided on planting, maintenance and monitoring whereby replacement vegetation shall be maintained and monitored for a minimum of two years.; and/or
n) A statement on the accompanying drawings that the injury or destruction of trees will be carried out in accordance with good forestry practices under the supervision of a certified arborist or Qualified OPFA Member.
Click here to view a Sample Environmental Implementation Plan
Environmental Impact Study Requirements
Where required the Environmental Impact Study shall be completed in accordance with a Terms of Reference approved by the County. The study shall consist of an analysis completed in accordance with the County Official Plan and/or as per guidelines approved by the County by a qualified expert in ecology, forestry, hydrology and/or other specialties based on specific circumstances. The study shall include an assessment of potential hydrologic and ecological impacts, which is to include information such as: an inventory and evaluation of natural heritage features and areas, natural heritage systems, water resource systems and associated hydrologic functions on and adjacent to a project site; identification of environmental constraints including features, systems, linkages and vegetation protection zones; demonstration of conformity with applicable legislation and policies such as the County Official Plan, Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and Endangered Species Act; identification of potential impacts; and recommended solutions to avoid, minimize and mitigate removal of natural heritage features and areas. An Environmental Implementation Plan is required to demonstrate how recommendations will be implemented.
Securities for Replacement Trees:
Where replacement trees are to be planted by the applicant on lands owned by the applicant or at an alternate location approved by the County, as a condition of approval, the applicant will be required to post securities for a period of two years. Securities are used to ensure that the replanting plan is implemented and remains in place. The cost of securities shall be equal to $2,320 for every 0.2 hectares of replacement trees required to be planted. To release securities, the applicant must provide the County with photographs and a verification letter by a Qualified OPFA Member verifying that the replacement plan has been implemented as per the approved plan, replacement vegetation has been maintained for a minimum of two years, and vegetation is in a healthy vigorous growing condition. Securities will not be required where cash-in-lieu is provided and no trees are required to be replanted by the applicant.
Step 4 -Notice of a Complete Application
Once the required information has been submitted to the County, a site inspection shall be completed. The applicant will be notified in writing that the application is deemed complete.
Step 5a - Property Notice Sign
The applicant must post a public notice sign where trees are to be removed in a location that is visible to the travelling public. The sign shall be in the form prescribed by the County. A photograph of the sign shall be sent to the County of Brant Bylaw Enforcement email. The sign shall be posted at least 15 business days prior to the County making a decision on the application. The sign shall remain on display until the application has been denied or the approved tree removal has been completed.
Step 5b – Written Notice Sent to Neighbouring Properties
Within 15 days of the application being deemed complete and at least 15 business days
prior to making a decision on the application, the County shall send a written of the application to all assessed owners of each parcel of land that abuts the subject property.
Step 6 – County May Confer with Experts
Please be advised that the County may confer with representatives of the Ministry of Natural Resources and Forestry, Ministry of Environment, Conservation and Parks, Ministry of Agriculture Food and Rural Affairs, relevant Conservation Authority, and any such other government agencies, or experts as are deemed necessary for the purpose of obtaining comments and determining whether a permit should be issued.
Step 7 – Decision
In considering the Clear Cutting Application, County staff may:
• Issue a permit for the clearing;
• Issue a permit for the clearing with modifications and/or conditions; or
• Refuse to issue a permit for the tree removal.
Criteria for assessing a permit are outlined in the Good Forestry Practices By-Law #70-21. The applicant shall be notified in writing with respect to the decision on the permit.
Step 8 - Notify the County prior to Start of Tree Removal
Where a permit has been approved, the applicant shall notify By-Law Enforcement by telephone (519.442.7268) or email, no more than seven business days and no less than 24 hours prior to the date upon which the injury or destruction of trees is to begin advising of the date upon which the injury or destruction of trees is to start.
Step 9 - Permit Approval Length
The permit is valid for a term of two years from the date of its issuance and is not transferable. If the activity for which the permit was issued has not taken place within the time frame of the permit, such permit shall lapse and shall be of no effect. No fees shall be refunded.
Appeal
The applicant for a permit under section 6, may appeal to Council or a Committee of Council and shall submit the prescribed fees of $250 under the Fees and Charges By-Law:
i. Within 14 days of a written refusal from the Designated Official to issue a permit;
ii. Within 45 days after the application is deemed complete, if the Designated Official fails to make a decision; or
iii. Within 14 days of a written decision by the Designated Official, if the owner or applicant objects to a term or condition of the permit.
Terms
Prior to the expiry of the permit, the applicant may request in writing to the County, that the permit be extended. At the discretion of the County, permits may be extended one time only for an additional period of not more than one year from the date of extension.
Offences
Every person who contravenes any provision of the County of Brant Good Forestry By-Law #70-21 is subject to fines which may exceed $100,000. Contraventions are also subject to Orders as provided for under the Municipal Act, 2001.
Note: Where an offence with respect to the injury or destruction of trees has occurred in advance of obtaining a Clear Cutting Permit, the cumulative area of clear cutting already undertaken in addition to what is being proposed will used to determine the fee.
Indemnification and Hold Harmless Clause
The Applicant shall defend, indemnify and save harmless the Corporation of the County of Brant, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Applicant, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Permit. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Applicant in accordance with this Permit and shall survive this Permit.
The Applicant agrees to defend, indemnify and save harmless The Corporation of the County of Brant from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the Applicant’s status with WSIB.
This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the Applicant in accordance with this Permit and shall survive this Permit.
It is the owner’s responsibility to ensure that the logger has liability insurance and complies with the Workplace Safety & Insurance Board requirements.
By signing below, I hereby agree to the terms, conditions and requirements as set out above
