February 4, 2021
Proposed Shoreline and Tree Preservation Bylaw
Draft Bylaw 2021 006 Shoreline and Tree Preservation
Draft Schedule A Shoreline Bylaw Set Fines
Draft Shoreline A.M.P.S Fines
Shoreline Destruction within the Municipality of Hastings Highlands
Provincial Report – Blue Green Algae
We want to hear from you! The Municipality has proposed a ‘Draft Shoreline and Tree Preservation Bylaw‘, being a bylaw to conserve, prohibit, protect, restrict, and regulate the protection, preservation and removal of trees and vegetation and site alterations on shorelines and on shoreline properties – and Council wants your input. Deadline for submissions April 30, 2021.
The ‘Draft Shoreline and Tree Preservation Bylaw’ aligns with legislation from the Province of Ontario and the County of Hastings Official Plan. The Municipal Act, 2001 of the Province of Ontario authorizes the Municipality to regulate the shoreline and tree preservation. Section 2.2 of the Provincial Policy Statement, 2020 from the Province of Ontario requires the Municipality to protect, improve or restore the quality and quantity of its water. Section 5.4.5 of the County of Hastings Official Plan requires the Municipality to regulate shoreline activity and vegetative buffers with a 30 metre setback from the highwater mark.
A goal of the ‘Draft Shoreline and Tree Preservation Bylaw’ is to fulfill the legislation from the Province of Ontario and the County of Hastings to regulate shoreline activity and vegetative buffers.
Council will have the next reading of the Draft Shoreline Preservation Bylaw at the May 19, 2021 Council Meeting. The meeting will commence at 9:00 a.m. in the Council Chambers located at 33011 Hwy 62, Maynooth, ON and/or by remote teleconference.
To submit your input, complete the required fields below and select ‘Submit’.
Please Note: Individuals who submit input and feedback related to the ‘Proposed Shoreline and Tree Preservation Bylaw’ should be aware that information contained within their communications may become part of the public record and may be made available through the Council agenda process which includes publication on the municipality’s meetings portal.
Frequently Asked Questions (FAQ’s) – Proposed ‘Draft Shoreline and Tree Preservation Bylaw.’
What about if there are trees on the property that have been damaged by a man-made or natural disaster? What if there are trees that have been significantly damaged by insects or other animals or birds? What if there are severely injured trees that I am worried about falling on my cottage, boathouse, dock or other structure?
Under Section 4.0 “Exemptions” of the Shoreline Preservation Bylaw, it states one of the exemptions to this Bylaw is the following:
i) The injury or destruction of severely damaged trees in the interest of public safety, health and general welfare following any man-made or natural disasters, storms, high winds, floods, fires, snowfalls, freezes, or as a result of insects, disease or wildlife;
Therefore, this Bylaw will not prevent the injury or destruction of severely damaged trees in the interest of public safety, health and general welfare. The Municipality will recommend that photographs should be taken of any trees that are severely damaged.
Section 3.9 of the Shoreline Preservation Bylaw states that this “Bylaw shall not apply with respect to the minimal pruning of any tree, shrub, ground cover or other forms of vegetation or the removal of any hazardous, dead or diseased tree and/or noxious vegetation.”
Previously, there may have been site alteration of the shoreline on my property.
Currently, Bylaw 2004-035 Comprehensive Zoning Bylaw requires maintaining a 15 metre vegetative buffer and prohibits development within 30 metres (98.4 feet) of a highwater mark of a waterbody or permanent watercourse.
The Shoreline Preservation Bylaw will apply fines to future occurrences.
Section 3.4 of the Shoreline Preservation Bylaw states “No person shall leave, throw or deposit any refuse, waste or litter on any public or private shoreline.”
The MNRF may issue a permit called ‘Notice of Activity Form’ to a property owner to conduct shoreline work for the maintenance, repair, or replacement of erosion control structures on shore lands as per Section 8(3)2 of O. Reg 239/13 of the Public Lands Act. “Shore lands” is defined by the MNRF as lands covered or seasonally inundated by the water of a lake, river, stream, or pond and may include private, municipal or Crown lands.
The ‘Notice of Activity Form’ is very specific for erosion control purposes only and does not apply to the vegetative buffer. The MNRF includes a clause on the ‘Notice of Activity Form’ which states:
‘Please note that other permits and/or authorizations from federal, provincial and/or municipal agencies may also apply to this activity, including other authorization from the Ministry of Natural Resources and Forestry such as the Endangered Species Act, 2007. In addition, maintaining, repairing, or replacing erosion control structures in accordance with all the requirements does not relieve you from liability for damage occurring to another person’s property from the activity, nor does it convey any right, title or interest in the land.’
When a property owner receives a ‘Notice of Activity Form’ from the MNRF, it is the property owner’s responsibility to also notify the Municipality.