Why is Cavan Monaghan considering a Woodland Management By-law?

    Township Council has been discussing tree‑cutting regulations since 2011. In December 2020, through the County of Peterborough delegated its power providing that the Township may prohibit or regulated the destruction or injuring of trees in woodlands designation, in a By-law.  In 2025, Council approved the Township Strategic Plan directing woodland protection as a key objective. Currently, there is no regulation that protects natural features or governs tree cutting in environmentally sensitive areas. The proposed by-law aims to protect woodlands, regulate clear cutting, and align with Strategic Plan and Official Plan policies.

    Does this by-law regulate all tree cutting?

    No. The by-law does not regulate every tree. It only applies to:

    • Clusters of five (5) or more healthy trees
    • Trees at least 15 cm (6 inches) in diameter
    • Trees located within sensitive natural areas
      It also regulates clear cutting.

    What is considered a “sensitive natural area”?

    A sensitive natural area includes:

    • Provincially significant woodlands
    • Provincially significant wetlands
    • Areas within the Township’s mapped natural heritage system

    What is “clear cutting” under this by-law?

    Clear cutting means removing trees from more than 0.2 hectares (0.5 acres) of woodland. Clear cutting requires a public meeting and Council support before a permit can be issued.

    What is considered a Woodland or Significant Woodland?

    The By-law recognizes two types of Woodlands.

     

    “Significant Woodlands” being an area which is ecologically important in terms of features such as species composition, age of trees and stand history; functionally important due to its contribution to the broader landscape because of its location, size or due to the amount of forest cover in the planning area; or economically important due to site quality, species composition, or past management history, as identified using criteria and procedures established by the Province.

     

    A "Woodland" or “Woodlands” also means a treed area having a quantity of trees of a specific size, as defined in the Forestry Act, RSO 1990, c F.26, as having a total woodland size being determined by measuring the extent of contiguous woodland area across all relevant properties. A woodland may include trees located on multiple properties with a density of at least: 

    1. 1,000 trees of any size, per hectare; 
    2. 750 trees, measuring over five (5) centimetres in diameter at DBH, per hectare;
    3. 500 trees, measuring over twelve (12) centimetres, in diameter at DBH, per hectare; or 
    4. 250 trees, measuring over twenty (20) centimetres, in diameter at DBH, per hectare;   
    5. But does not include: 
      1. cultivated fruit or nut orchard; 
      2. a plantation established for the purpose of producing Christmas Trees and which is being actively managed and harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or harvested for their intended purpose for a period of 15 years or more; or 
      3. a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted;   
      4. a hedgerow or windrow less than 20 meters in width; 
      5. land previously cleared and used for agricultural purposes which has become overgrown with young (less than 15 years old) and early successional tree species common on disturbed fields (e.g. Sumac, Hawthorn, Apple, Scots Pine, Poplar, White Birch, Ash) and which is intended to be used again as part of an agricultural operation.

    What are considered "Good Forestry Practices"

    As per the Draft By-law, “Good Forestry Practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape.

    What trees or activities are exempt from requiring a permit?

    • Trees less than 15 cm (6 inches) in diameter
    • Trees not in clusters of 5 or more
    • Tree cutting outside sensitive natural areas
    • Dead, diseased, or hazardous trees
    • Trees on the invasive species list
    • Normal farm practices
    • Activities part of a Forest Management Plan
    • Firewood cutting
    • Tree removal related to an approved building permit
    • Other exemptions listed in section 135(12) of the Municipal Act

    A comprehensive list of exemptions is listed in Section 4 of the Draft By-law.

    What are Significant Community Trees?

    These are trees designated by Council as having particular community importance and are protected under the by-law. The Township currently does not have any Significant Community Trees.

    How will the by-law be enforced?

    The by-law is both proactive and reactive:

    • Proactive: Staff review all Planning Act and Building Permit applications to identify and mitigate tree cutting impacts. Environmental studies or tree protection plans may be required.
    • Reactive: Enforcement is complaint-based. A By-law Officer investigates reports of non-compliant tree cutting. This is the same practice for most By-law enforcement in the Township.


    Are there penalties for cutting trees without complying with the by-law?

    Yes. As drafted, the proposed penalties include:

    • $300 per infraction under the Township’s Administrative Monetary Penalty (AMP) By-law
    • Orders to rehabilitate or replant trees, which may require professional studies
    • For clear cutting or removal of more than 50 trees or 0.2 hectares, fines range from $50 to $1,000 per tree beyond the first 50 trees.

    Will this by-law affect normal rural or agricultural activities?

    No. The intention is not to impede normal rural activities. Cutting single trees or performing routine farm practices remains permitted.

    Section 4.8 of the Draft By-law outlines in detail what constitutes "normal farm practices".

    Does it cost anything to apply for a Woodland Management Permit?

    No. There is no fee for the permit itself.
    However, depending on the site, applicants may need to hire professionals to complete:

    • Environmental impact studies
    • Woodland management plans
    • Tree preservation or replanting plans

    Section 2 of the Draft By-law outlines in detail the proposed application of the By-law.

    What happens if someone does not comply with an order to replant or rehabilitate?

    If someone fails to comply, they may receive a penalty notice. The Township may also complete the required work themselves and charge the costs to the property owner

    Why is this by-law needed if the Official Plan already has woodland policies?

    Although the Official Plan includes natural heritage protections, there is no enforcement mechanism without a by-law. The proposed by-law provides penalties and compliance tools that the Official Plan alone cannot.

    Does the by-law stop landowners from cutting a few trees on their property?

    No. Cutting single trees or conducting normal property maintenance is still allowed. Tree cutting of damaged, or hazardous trees is exempt from the By-law.