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Oak Bay, BC Tree Bylaws – Summarized

In Oak Bay, preserving the urban forest is a priority. The District’s Urban Forest Management Strategy guides its commitment to maintaining and enhancing tree health within the municipality. To support this vision, Oak Bay has developed a new Tree Protection Bylaw.

Under this bylaw, you cannot cut down or damage a protected tree without authorization through a permit or development permit from Council. If you need to conduct tree work in Oak Bay, you’ll require a Tree Protection Application.

Protected Trees

What is considered a protected tree?

(1) ANY tree over 30cm DBH

(2) Some native tree species are protected earlier in life, see the two special categories below:

(a) Tree with a basal diameter greater than 4cm OR greater than 1 metre in total height:
(i) Garry oak
(ii) Arbutus
(iii) Pacific Dogwood
(iv) Pacific Yew

(v) Black Hawthorne
(vi) Shore / Contorta Pine

(3) ANY tree located on municipal property

(4) Wildlife tree (must have visible nest of raptor, osprey, or heron)

Special care should be given to Arbutus trees, which are protected in Oak Bay, particularly when pruning or planning any landscaping changes.

How do I measure the DBH of my tree?

Measure the diameter of the tree at 1.4m (4ft, 7-inches) off the ground. If the tree is on a slope, measure from the highest point of natural grade around the tree. 

Diameter can be found by measuring the circumference at this point and dividing by pi (3.14)

How do I calculate the DBH of my tree if it is multi-stem?

Measure the DBH of the three largest stems and add them together. The total of the three is the DBH.

Permits

Do I need a permit?

Before considering the removal of a tree that appears dead, it’s vital to accurately determine its condition, as a dormant tree might still be protected under the Oak Bay Tree Protection Bylaw.

A permit is required when you wish to:

(1) Remove a protected tree or 

(2) Conduct significant pruning on a protected tree that would be considered “altering”:
(a) Altering means making cuts larger than 10cm (4-inch) in diameter and/or removing more than 25% of the total canopy volume in one year. *Please note, topping or removing the live crown of the tree is not allowed

Understanding the difference between trimming and pruning is essential, especially when managing protected trees under Oak Bay’s bylaws, as improper cuts can be classified as ‘altering.

How much does a permit cost?
Tree Pruning
  • $50 per protected tree
Tree Removal (not related to a development)
  • $50 per protected tree
  • $500 deposit per tree to be refunded after permit specifications are met
Tree Removal (related to development)
  • $500 per protected tree
  • $500 deposit per tree to be refunded after permit specifications are met

To know which category you fall under view sections 9 and 10 of the Oak Bay Tree Bylaws

What can you prune without a permit?
  1. Branches up to 4-inch (10cm) in diameter
  2. Remove up to 25% of the total canopy of a tree per year

Replacement Trees

What are the replacement tree requirements?

(1) 2:1 Replacement ratio for protected trees removed due to construction of a building

(2) 1:1 Replacement ratio for all other permitted removals of protected trees

What counts as a replacement tree?

(1) A replacement tree required under this Bylaw must have either a height of not less than two (2) meters, or a basal diameter of not less than four (4) centimeters, when planted.

(2) A full list of approved replacement trees can be found in “Schedule C” of the Oak Bay Tree Bylaws

Do I have to plant a replacement tree?

Yes, if you conducted a permitted removal of a protected tree, you are required to plant replacement trees at the required ratio for every protected tree removed

In rare circumstances when the Manager of Parks and Services determines that the lot cannot accommodate the required number of replacement trees, the security deposit may be kept as cash-in-lieu of planting but must receive approval beforehand.

For developers, it’s important to adhere to the tree protection guidelines during construction to avoid penalties and ensure the preservation of Oak Bay’s urban forest.

Refer to the bylaw for more information on how it applies to you. For more information, visit Oak Bay’s Parks and Recreation website.

If you’re planning any tree work in Oak Bay, navigating the complexities of local tree protection bylaws can be challenging. Whether you need assistance with the permits process, pruning, or tree removal, our experienced team is here to help. We specialize in tree services in Victoria, BC, ensuring that your trees are cared for in compliance with all local regulations. Contact Anchor Tree Service today to get professional guidance and quality tree care that protects both your property and Oak Bay’s urban forest.

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