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HomeMy WebLinkAboutThe Citizen-Agriculture 2001, 2001-03-14, Page 39ti Don't Settle For Less Than Genuine Pioneer, brand Products BRUCE & BILL ROY R.R. #1 Londesboro 523-4237 c PIONEER. NI purchases are subsea to the terms of labeling and purchase documents ® TM Trademarks. registered or applied tor, licensed to Pioneer 111.8red Limited, Chatham, Oman° N71.4 5L1 ®1998 PHL. Vanden Heuvel Structures Ltd. COMMERCIAL AND AGRICULTURAL BUILDINGS 40 Wellington St., Clinton, ON NOM 1L0 TELEPHONE 519-482-9666 ▪ STEELWAY PRE-EkomeEnto SUILDING SYSTIEWS FAIN SURDERB ABSOCIATON FAX 519-482-8966 THE CITIZEN, WEDNESDAY, MARCH 14, 2001. PAGE A-19. Bylaw encourages landowners to manage woodlots Continued from A-18 the site. An effort should be made to minimize the impact on the ecosys- tem, fish and wildlife habitats, forest productivity and recreational activi- ties and the aesthetic value. He also suggests the new bylaw may be an opportunity to educate landowners about management, through the restrictive nature of the policy. "Woodlot owners need to learn they don't need to log the whole bush at one time. (After selective cutting), they need to stay out for a while," he said. Two issues Roland points out are the omission of a policy on the prac- tice of taking out the best trees and leaving the worst as well as teaching owners that much of the value of trees is gained in the last few years of a tree's life, after it has reached maturity. Well-managed woodlots can also produce a better return per acre than most other crops, he said. "Over a 10-year time frame, the return can be from $200 to $400 per acre per year." Roland said this can be achieved with good management, regular checks and small cuttings to allow undergrowth to be rejuvenated. While there is support for the new bylaw, there is a contingent strongly opposed to the policy. Alex Chisholm, a member of the Wepodlot Association, a logger, farmer and timber buyer with numer- ous years of experience in the indus- try, said taxpayers need to realize the unfairness of the bylaw. "Loggers and landowners are going to be dragged through court because of this bylaw," he said. Chisholm said there are huge irregularities in the bylaw. " A lot of inexperienced people put this togeth- er." One aspect Chisholm considers unfair is the stipulation that landowners cannot clear trees from a fencerow without replacing them in another location. He does not believe it is right that there is no compensa- tion for the landowner. The bylaw, however, does not mention fencerow cutting or tree replacement. Sandra Lawson, Huron County engineer said windrows are not included in the tree bylaw because they are not considered woodlots. Specific standards have been set as to what constitutes a woodlot. A woodlot is an area of 400 trees per acre of any size; 300 trees per acre with a diameter of at least two inch- es; 200 trees per acre of the diameter exceeds 4.75 inches and 100 trees per acre if they measure more than eight inches around. This does not pertain to orchards or Christmas tree plantations. The only case where replanting may be required, according to Lawson, is in the situation where a minor exception has been granted to allow for the clearing of a field. A condition of the exception is that an equal amount of woodland be plant- ed at another location, either within the municipality or county, depend- ing on individual circumstances. Lawson also indicated that when a windrow is planted as part of a minor exception approval, it must be main- tained for a minimum of 15 years. Chisholm rejects some of the cate- gorization in the bylaw, which he said gives no commercial value to willow or hackberry trees. He also questions the cutting-size limitation on some species. With certain trees, there is a die- back factor, he said. If landowners are not allowed to cut them for com- mercial purposes earlier, the Woodlot will degenerate. Under good forestry practices, the bylaw allows the cutting of haz- ardous, damaged, diseased and insect-infected trees which could be a detriment to the woodlot. Removal is also suggested if the trees do not contribute to overall forest value. Chisholm said an experienced tree commissioner was crucial as that person would be able to assist farm- ers in selecting and managing the forests. Lawson pointed out that individual landowners cutting wood for person- al use are not impacted by the bylaw as long as not more than .5 acres is downed in one year. "We have a lot of Mennonites in our county who use a lot of wood for heating," she added. Registered landowners may also allow the harvesting of trees without a notice of intent if fewer than two trees per acre are removed within one year or if in the destruction of the two trees per acre, fewer than 20 logs are produced within one year. (A log refers to a portion of a pre- scribed species reduced to a size suitable for loading on a vehicle for transportation to a processing mill.) Personal use does not include sale, exchange or disposition of trees that are cut. The procedure The process of updating the 14- year-old bylaw began in 1999, said Lawson. At that time the provincial government created a new act to oversee woodlot issues. "Instead of being under the Trees Act," said Lawson, "It was now under a forestry act." As of Dec. 31, 1999, county bylaws had to meet the new standards. "The old bylaw dealt with com- mercial cutting," she said. "The new forestry act looks at preservation and conservation in woodlots, not just cutting." The task of creating a new bylaw for the county soon began. When a first draft was completed, 150 indi- viduals and organizations asked for input. Throughout the fall, presenta- tions from community groups were heard at the committee level of coun- ty council. During October, open houses were held on both the tree bylaw and county forests. With the comments and feedback gathered, county personnel drafted a second bylaw which was circulated to the original 150 plus 50 more who had attend discussion sessions or open houses. After a little more tinkering and meeting more governmental - changes, Lawson said the third draft will go before the Agriculture and . Public Works Committee March 7 with hopes the bylaw will be approved this spring. Chisholm said experts from the federation "of agriculture, farmers and advisors will attend the meeting to speak out about the bylaw. He also encourages residents to be aware of the bylaw and its implica- tions if it passes. (Information from this meeting was unavailable at press time.) The bylaw In an overview of the second draft, the bylaw deals mainly with com- mercial and large scale operations and includes aspects of ecological awareness for the long term mainte- nance and improvement of existing woodlots. The bylaw includes a list of more than 50 tree species or varieties for which specific cutting regulations apply. As an example, Norway spruce must have reached a circum- ference of 112 centimeters (44 inch- es) or 36 centimeters (14 inches) in diameter at a height of 46 centime- ters (18 inches) from the highest, undisturbed point on the ground. However; conifers in a plantation cannot be cut except under specific conditions. Numerous exceptions are listed in the bylaw which allow for guidelines to be altered depending of individual situations. A minor exemption can also sought through application to the county. Lawson said several of the regula- tions apply to municipal, provincial or federal standards and must be included in the bylaw. Some of these include interference with the Municipal Act, provincial legisla- tion, agencies acting on behalf of the Crown, the Electricity Act, Planning Act under Subdivision or Site Plan Agreement, Drainage Act, Surveyor Act and Aggregate Resources Act. It does not apply to trees growing on any highway or open road allowance. The bylaw does not affect the removal of trees in order to erect a structure where a building permit is issued or the destruction of trees growing within 15.2 metres (50 feet) of any exterior wall of such a build- ing. The bylaw does not apply to trees reqiiired to be cut to construct and install not more than one main tile drain outlet. The swath cannot exceed 20 metres in perpendicular width which is required to drain agri- cultutal land already cleared for agri- cultural purposes. Trees cut in accordanc6 with good forestry practices are exempt as are trees of a prescribed species harvest- ed in a conifer plantation in accor- dance with the practices and a if a notice of intent has been presented at the county clerk's office. All landowners or those acting on their behalf who are planning to cut, bum, or destroy trees, except where exempt, must notify the clerk at least five working days prior to cutting. Under all circumstances, trees in a woodlot must be marked by a accredited tree marker. Landowners may apply for minor exemptions from the bylaw. Council will decide on the application as it applies to appropriate development and use of the land to determine if the general intent of the bylaw is maintained. Terms and conditions may be applied to any approval. Prior to any meeting with regards to an approval, all owners with abut- ting land will be notified. A bylaw officer will be hired to enforce the regulations. Anyone contravening any portion of the bylaw or impeding the bylaw officer from fulfilling the duties may be fined up to $20,000 or jailed for up to three months. Adjustments made to the second draft include a definition of a tree marker, stipulating it is a person who is certified as is stated in the Crown Forest Sustainability Act of 1994 and meeting standatos set by the province regarding good forestry practices as detailed in the Civil Cultural Guide for Forest Management.