City of Kawartha Lakes Tree Canopy Protection Bylaw

Concerns of Financial Burden, Bureaucracy, and Housing Affordability

Report on the City of Kawartha Lakes Tree Canopy Protection Bylaw: Concerns of Financial Burden, Bureaucracy, and Housing Affordability

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Introduction

The City of Kawartha Lakes, Ontario’s second-largest rural municipality, is considering a Tree Canopy Protection Bylaw that would regulate tree removal on city-owned land. While the bylaw aims to protect the environment, there has been significant opposition from residents, arborists, and small businesses who view it as an unnecessary financial burden and bureaucratic obstacle. A recent municipal survey indicates that the public consensus overwhelmingly opposes the bylaw, with many expressing concerns that it disproportionately affects single-family homeowners, rural landowners, and small-scale projects. Public sentiment strongly supports no fees for these groups, with higher fees and regulations reserved for large developers.

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Perceived Cash Grab and Excessive Bureaucracy

The bylaw introduces significant permit fees and fines, which many residents and businesses argue are excessive and punitive. For example, the $1,500 per tree removal fee and $1,000 permit application fee far exceed the actual cost of replanting a tree, which is estimated at one-tenth of these amounts. Additionally, fines of $2,000 plus $3,000 per tree for non-compliance are seen as a cash grab, designed more for revenue generation than environmental protection.

Key Public Concerns:

1. Unjustified Financial Burden: Feedback from the municipal survey highlights that the vast majority of residents believe the bylaw's fees are unreasonable and impose a financial burden on homeowners and rural landowners. These groups are seen as being unfairly penalized for engaging in routine property management, which is essential for the safety and utility of their land.

2. Added Bureaucracy for Land Management: The bylaw adds unnecessary layers of bureaucracy, requiring permits for tree removal on private property. This creates delays and financial barriers for homeowners and rural landowners trying to:

   • Preserve or protect their property.

   • Ensure property safety and operational use.

   • Facilitate the lawful enjoyment of their land.

   • Cooperate in the lawful operation of property.

For example, homeowners needing to remove a hazardous tree must navigate the same complex, costly process as developers, which has sparked frustration and opposition from the community.

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No Fees for Single-Family Homeowners, Smaller Projects, and Rural Landowners

The bylaw's one-size-fits-all approach treats single-family homeowners and rural landowners the same as large-scale developers, leading to widespread public outcry. The municipal survey results demonstrate that most residents feel there should be no fees or permits required for single-family homeowners, rural landowners, and small projects. The fees and regulations, residents argue, should be focused on large developers, who have a more significant impact on the environment.

Key Issues:

1. No Fees for Single-Family Homeowners: Residents strongly believe that single-family homeowners who need to remove trees for safety, access, or general property maintenance should not be subject to the same high fees as large developers. These projects typically have minimal environmental impact, and the financial burden placed on homeowners is seen as excessive and unnecessary. The public consensus is that single-family home projects should be exempt from fees.

2. No Fees for Rural Landowners: Many rural property owners need to remove trees for essential land management, such as clearing access roads, preventing fire hazards, or maintaining property safety. Imposing fees on rural landowners for these necessary activities is seen as unjustified by the community. The survey shows that the public supports exempting rural landowners from fees and permitting requirements, given the essential nature of their land management activities.

3. Different Treatment for Developers: There is strong support for differentiating between small property owners and large developers. Developers, who often remove trees on a much larger scale for housing or commercial projects, should be subject to higher fees and stricter regulations. This ensures that the environmental impact of large projects is mitigated, without penalizing small property owners or rural residents.

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Impact on Local Arborists and Small Businesses

Local arborists and tree service providers have expressed concerns that the bylaw will make it harder for them to conduct routine work, such as tree pruning and removal. The municipal survey also revealed that many residents are concerned about the bylaw’s potential impact on small businesses and local arborists, who are essential for maintaining the region’s trees and ensuring property safety.

Key Concerns from Local Arborists:

1. Challenges in Conducting Business: Arborists now face the burden of applying for permits and managing additional administrative tasks, which increases the cost of their services. This threatens the livelihood of local arborists, who rely on timely and affordable access to perform routine tree maintenance for homeowners and rural property owners.

2. Added Costs and Delays: The permit process adds unnecessary delays to tree removal projects, increasing the cost for both arborists and their clients. For rural property owners, these delays can be dangerous, particularly when hazardous trees pose a threat to property and safety. The public supports simplifying the permit process or eliminating it entirely for smaller-scale tree removal.

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Impact on Housing Affordability and Development

The municipal survey also indicated that many residents are concerned about how the bylaw will affect housing affordability in Kawartha Lakes. With the region already facing a housing crisis, the added costs associated with tree removal could make it more difficult and expensive to develop new housing, particularly single-family homes.

Key Issues for Housing:

1. Increased Costs for Homeowners: By imposing high fees on single-family homeowners for necessary tree removal, the bylaw could significantly increase the cost of building or maintaining homes. Many respondents in the survey worry that these added expenses will be passed on to buyers, exacerbating the housing affordability crisis.

2. Discouraging Routine Land Management: The survey revealed that many property owners may choose to delay or avoid necessary tree removal due to the high fees and cumbersome permit process. This could lead to unsafe conditions and slow down housing development projects, making it harder for the city to meet housing demand.

3. Unnecessary Financial Strain on Small-Scale Landowners: Many survey respondents highlighted the financial strain the bylaw imposes on small-scale landowners, particularly in rural areas. The public consensus is that smaller property owners should not be subjected to the same fees and regulations as large developers, as their activities have a far smaller environmental impact.

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Existing Conservation Efforts and the 30 by 30 Initiative

Kawartha Lakes is already home to significant conservation efforts, led by the Kawartha Land Trust (KLT), which has protected 45,000 acres of land. KLT’s goal is to protect 30% of the region’s land, aligning with Canada’s national 30 by 30 initiative, which aims to conserve 30% of the country’s lands and waters by 2030.

These conservation efforts combined with of KLT’s ongoing work and the tree bylaw could limit available land for development, driving up land and housing costs. The public consensus reflects this concern, with many residents questioning the need for additional environmental regulations that could further restrict development in a region already facing a housing affordability crisis.

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Proposed Solutions and Recommendations

To address the concerns raised in the municipal survey and through public feedback, the following solutions are recommended:

1. No Fees for Single-Family Homeowners and Rural Landowners:

   • Exempt single-family homeowners and rural landowners from permit fees and fines. Routine tree removal and property management should not be subject to the same fees and permitting requirements as large-scale developments. The public consensus supports this approach, emphasizing that fees should be reserved for large developers.

2. Streamlined Permitting for Developers:

   • Focus the bylaw’s fees and permitting process on large-scale developers, who have a greater environmental impact. This ensures that the city achieves its environmental goals without placing an undue burden on homeowners and rural landowners.

3. Incentive-Based Approaches for Tree Conservation:

   • The city could introduce incentive-based programs for tree planting and conservation, such as grants or tax credits. This would encourage environmental protection without adding financial barriers for small property owners.

4. Differentiated Regulations for Urban and Rural Areas:

   • Apply limited regulations to urban areas where development pressures are higher and tree removal has a greater cultural impact. In rural areas, where tree cover is abundant and land management is essential, a flexible and less restrictive approach should be adopted.

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Conclusion

The proposed Tree Canopy Protection Bylaw in Kawartha Lakes has sparked significant opposition from residents, small businesses, and local arborists. The municipal survey reveals a strong public consensus that the bylaw imposes unnecessary financial burdens and bureaucratic obstacles on single-family homeowners, rural landowners, and small-scale projects. There is broad support for exempting these groups from fees and permits, with regulations focused on large-scale developers, whose activities have a larger impact.

To better balance environmental protection with the needs of property owners and the housing market, the city should revise the bylaw to reflect the public’s concerns. By implementing incentive-based conservation programs, eliminating fees for smaller projects, and focusing regulations on high-impact developments, the city can achieve its regulatory goals while also addressing the housing affordability crisis and supporting local businesses.

🚨 Attention Kawartha Lakes Residents! 🚨

Today is an exciting day for civic engagement at the Kawartha Lakes Council Meeting! Two key delegations will be taking place:

🌳 Maggie Braun will be addressing the Tree Preservation By-Law, voicing concerns about how the proposed regulations could unfairly impact single-family homeowners and rural landowners. She’ll be advocating for no fees for smaller projects and a focus on large developers instead.

⚡ Gene Balfour will also present on the solar and wind project proposal, discussing its potential impact on energy security and the community.

📍 When: Today, September 24th, at 1:00 p.m.
📍 Where: City Hall, 26 Francis Street, Lindsay
📺 Watch Online: If you can’t make it in person, tune in live on the City of Kawartha Lakes YouTube channel! 🎥

Don’t miss out on these important discussions—whether you attend in-person or watch online, your participation matters! 💬🌱 #KawarthaLakes #CivicEngagement ##LocalMatters #KawarthaCouncil