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Trees

Tree Bylaw

HomeLiving HereEnvironmentTree Bylaw
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Start your permit resquest today by sending an email to enviro@dieppe.ca

Our city’s forest is made up of all the trees found in Dieppe. This includes trees on municipally owned land and those on private property. Tree ownership is determined by where a tree is located, not who planted it. That’s why every tree is important, regardless of where it happens to be.

Importance of protecting trees

  • Protection of biodiversity: Caring for the natural environment of plants and animals to ensure a balanced and sustainable environment for us and future generations.
  • Reduction of heat islands: Reducing excessive heat in urban areas where there’s often more concrete and less greenery, which can lead to higher temperatures and discomfort for young children and seniors.
  • Improving air quality: Trees help to clean the air.
  • Reduction of our carbon footprint: Trees absorb CO2, thereby reducing the amount of this gas in the atmosphere and helping to limit climate change. One mature tree captures as much carbon as 20 new trees and acts as an air filter.

City council has adopted a bylaw (a municipal law) to require the replacement of cut trees and preserve healthy trees within the city.

Objectives

  • Ensure a sustainable future for our city and residents
  • Consider the trees present on any given site in the planning of projects
  • Encourage the protection of trees of interest (i.e., ones that are particularly important) and wooded areas (i.e., groups of trees) that are in good health
  • Require the replanting of trees

Key points

  • Permit: Landowners are required to obtain a permit to cut trees larger than 10 cm in diameter; this is to ensure that tree cutting is done responsibly.
  • Tree study and recommendations: City staff will analyze the state and health of the trees on a given site to determine which can be kept, which are of interest, and which can be cut. Trees of interest must be at least 30 cm in diameter at a height of 1.3 m (4.26 ft) from the ground.
  • Replacement of trees: Healthy trees that must be cut down to complete a project (building construction, adding a fence, patio, etc.) must be replaced with new trees. Property owners who do not plant new trees or who cut trees down without permission will be ticketed. If replanting on a property is not possible, a monetary amount per tree will be paid to the municipality for replanting initiatives elsewhere in the city.
  • Minimum planting requirement: Whether or not trees are cut, a minimum number of new trees will need to be planted when new streets or residential and commercial construction projects are built.
  • Protective measures: Measures must be implemented to protect trees that remain on a property during construction.
Definitions
TREETREE OF INTERESTWOODED AREA OF INTEREST
  • 10 cm or more in diameter at a height of 1.30 m (4.26 ft) from the ground
  • 30 cm or more in diameter at a height of 1.30 m (4.26 ft) from the ground
  • Healthy
  • Does not pose an immediate danger
  • Is not an invasive species
  • A group/stand of trees
  • 10 cm or more in diameter
  • Healthy
  • Does not pose an immediate danger
  • Is not an invasive species

Permits

Situations requiring a permit

A permit is mandatory when an owner of land within the intervention zone wants to cut down a tree with a diameter of more than 10 cm.

A permit for trees may also be required for construction, development, or subdivision requests in order to take into account the trees present or to calculate the necessary replanting.

Exemptions
  • Trees posing an immediate hazard, with supporting evidence
  • Trees on Crown land (i.e., land owned by the provincial or federal government)
  • Trees in orchards, maple groves and nurseries
  • Trees that fall under the purview of service providers (e.g., NB Power)
  • Trees under 10 cm in diameter (except for newly planted trees)
Application process

Start your permit request by sending an email to enviro@dieppe.ca. A city employee will contact you to schedule a visit to evaluate the tree(s) and confirm whether additional information is required, such as plans, drawings, consent from neighbouring owners if the tree is on a property line, etc. Depending on the complexity of the project, an application can take up to 20 working days to complete, so it’s important to plan ahead to avoid delays. Trees will be evaluated on a first-come, first-served basis. If your project is urgent, you can submit a tree study carried out at your own expense, provided it was done by a certified arborist. A guide is available here.

Cost

The cost of a permit to cut healthy trees is $35 plus $100 per hectare of land to be assessed. For a project located on a 10-hectare lot, for example, the total cost would be $1,035, or $35 + $1,000. The fee includes the cost of the tree study, internal analyses, recommendations and the permit itself.

There is no charge for dead, seriously diseased or hazardous trees, but a permit is still required.

Why are there permit fees?
Fees cover only part of the administrative costs of the process. In many cities that have a tree bylaw, applicants must pay for their own tree studies, at an average cost of $250. The City has decided to cover those costs to ease the transition to the new bylaw and help residents take good care of our trees.
Is this just another way for the City to make money?
No. It’s a way to ensure a sustainable future for our community and maintain the quality of life that Dieppe residents enjoy.
The fees collected for lost trees or for security deposits will be used to pay for municipal planting projects and increase the number of trees in the city.
Do I need a permit for a diseased tree?
Yes, but no fee will be charged.
Do I need a permit if high winds have broken my tree and it is about to fall?
Yes. If a tree poses an immediate danger, you can cut it down, but you must apply for a permit afterwards and demonstrate that the tree did in fact pose a hazard, with supporting evidence like photos, an arborist’s report, and so on. However, no fee will be charged.
Do I need a permit for a tree that poses a hazard?
Yes, but no fee will be charged.
Do I need a permit to cut down an invasive tree or one that could damage a structure?
Yes. An arborist must confirm the identity of the tree and the risk it poses to the environment or structures. However, no fee will be charged.
Do I need a permit to cut down trees if I want to build a fence or patio?
Yes. Permission will only be granted if a building permit is issued by the municipality. The tree study should be carried out as early as possible in the process. Landowners will be required to compensate for lost trees by planting new ones or by contributing financially to replanting initiatives elsewhere in the city if replanting was not an option on their property.
Do I need a permit if I want to cut down trees that are bothering me or to make room on my property?
Yes. To protect our trees and ensure a sustainable future, the City can refuse to allow cutting for reasons deemed invalid.
Do I need a permit to prune my tree?
Yes, for major pruning, i.e., cutting off more than 25% of the living branches, which can seriously damage a tree’s health if not done properly. A municipal employee can advise you on how to best ensure the tree’s survival. An owner who inflicts excessive damage on a tree or causes its death, without a permit, may be fined.
What kind of tree should I plant to replace the one that was cut down?

Our staff can help you select the right tree and best site for your needs. It’s preferable to use native species, i.e., trees that already grow naturally in the region and are adapted to our climate. Selection tools based on site conditions are also available online (https://www.greeningcanadianlandscape.ca/tree-species-selector/eastern-canada-tree-species).  

  • White spruce (Picea glauca)
  • Norway spruce (Picea abies)
  • Black spruce (Picea mariana)
  • Red spruce (Picea rubens)
  • Tamarack (Larix laricina)
  • White pine (Pinus strobus)
  • Red pine (Pinus resinosa)
  • Pine (Pinus sp.)
  • Balsam fir (Abies balsamea)
  • Northern white cedar (Thuja occidentalis)
  • Paper birch (Betula papyrifera)
  • Yellow birch (Betula alleghaniensis)
  • Sugar maple (Acer saccharum)
  • Red maple (Acer rubrum)
  • American beech (Fagus grandifolia)
  • Horticultural specimens submitted for approval
I don’t have room on my land to replace a tree that I’ve cut down. What should I do?

A $500 fee per tree not planted will be charged, to help fund replanting initiatives elsewhere in the city.

You can also plant a tree on another property. Pre-approval from the City is required.

Fines

Fines will be issued to property owners in the following cases:

  • Cutting healthy trees without a permit: $100 to $2,100
  • Cutting trees without a permit: $100 to $2,100
  • Failure to replant trees required by a permit: $500 per tree not planted

Frequently asked questions

Why regulate tree-cutting on residential properties?

Our city’s forest is made up of all the trees found in Dieppe, including those on municipal and private land. Research shows that much of the biodiversity of urban trees is found on private land, and there is a greater variety of tree sizes on private properties than on streets and in public spaces. Hence, all trees need to be protected.

Furthermore, if a developer is required to preserve trees on land being developed, it makes no sense to then allow the owner buying that land to cut down those trees without authorization.

Can the City prohibit the cutting of certain trees?

Yes. Depending on the tree(s) in question and the conditions of the project, the City may either prohibit the cutting of certain trees, authorize cutting with a replanting condition, or authorize cutting with no conditions. Each project and tree will be assessed by qualified municipal staff.

Some trees are subject to protection under provincial and federal laws, which is why a tree study is important from the outset.

Trees on municipal land, such as trails, parks and woodlands, are protected from cutting wherever possible.
Finally, the protection of wetlands or the presence of nesting birds or protected animal species justifies a ban on cutting until appropriate measures are in place.

Why not include mandatory buffer zones (strips of trees)?
Buffer zones are not always the best choice for tree conservation. Tree studies enable us to assess the conditions of a given site before proposing conservation measures, thereby avoiding problems for future occupants. For example, requiring a strip of declining trees such as poplar and birch, which don’t have the same life expectancy as maples, can lead to problems, as well as significant hazards and costs.
Why have you not specified that trees should face the street (i.e., be in front of a house)?
The municipalities we consulted noted certain problems with imposing that particular condition. Street-facing trees may be required, but it depends on the project.
Why not regulate rural areas in the same way?

Studies show that 80% of Canadians live in urban centres and it will be those people who are most at risk from heat waves. Efforts therefore need to be focussed on protecting trees in urban settings. However, we are considering ways to better regulate tree-cutting in rural areas and outside the urban perimeter, but this will come later.

It is worth pointing out that tree-cutting in rural areas must still be declared to the City, under penalty of fine, so that we can document the practice and better assess future needs.

Do drainage requirements allow for the preservation of trees?
It all depends on existing site conditions. Factors such as slope, elevation and soil composition must be considered when drawing up a drainage plan. Tree conservation is generally possible, and the consultants who carry out drainage studies are qualified to include trees in their calculations. Generally speaking, keeping trees improves water retention and can therefore reduce drainage and retention requirements. Each project will be assessed based on this information.

Tree species not permitted or restricted

English nameLatin nameRestrictionReason
Weeping willow Salix babylonica No closer than 30 metres from underground infrastructure Risk to foundations and underground pipes
Silver maple Acer saccharinum No closer than 30 metres from underground infrastructure Risk to foundations and underground pipes
Americam elm Ulmus americana No closer than 30 metres from underground infrastructure Risk to foundations and underground pipes
Poplar trees Populus sp. No closer than 30 metres from underground infrastructure Risk to foundations and underground pipes
Willow trees Salix sp. No closer than 30 metres from underground infrastructure Risk to foundations and underground pipes
Norway maple Acer platanoides Do not plant Invasive species
Ash trees Fraxinus sp. Do not plant Limited the spread of the emerald ash borer
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