Residents in the Lefroy-Belle Ewart area were the first to notice extensive tree-cutting on Line 5, also known as Belle Aire Beach Road, just east of the Metrolinx tracks.
“We are aware of the situation,” said Johnny Keogh, spokesperson for the Town of Innisfil. “The (Lake Simcoe Region Conservation Authority) and the County of Simcoe are taking the lead on the matter.”
In fact, it was a staff member with the LSRCA who first reported the cutting to the county, noted Graeme Davis, Simcoe County forester. Davis confirmed that the county has issued a stop-work order to the landowner's contractor, under the county's forest conservation bylaw.
The county has had regulations governing tree-cutting in place since 1970, and although the name of the bylaw has changed over the years, the goal has remained the same.
“It provides some protection for woodlands” – that is, treed areas one hectare in size or larger – “providing an opportunity to ensure proper planning takes place,” Davis said. “We also regulate commercial (lumber) harvesting through this bylaw."
The stop-work order will give the county an opportunity to assess what has taken place on the site and ensure that all proper lower-tier municipal planning approvals are in place.
What happens next will depend on the result of the ongoing investigation.
“It’s very preliminary at this time,” Davis said.
The first step is to determine if the area falls under the definition of “forest,” or if it is secondary regrowth on a farm field – something that can “get into grey areas,” he noted – and then determine if there has been a bylaw infraction.
A minor infraction can result in a Part 1 ticket written up by a bylaw officer, but “with a tree clearance such as this, we would not go that route,” said Davis.
Instead, if there has been a violation, the county would issue what's known as a Part 3 ticket, seeking information through the provincial court system.
It’s "rare” for even a Part 3 ticket to result in a court case, said Davis. Sometimes, the landowner is able to show that they do have the necessary permits and an exemption under the bylaw. In most other situations, there is a guilty plea and a settlement.
“There can be fines and there can be restoration orders,” Davis said, ordering the replanting of the forest.
The county works in co-operation with municipalities and conservation areas to provide protection for woodlands. There are usually a number of reasons for tree clearance, the most usual being for development or agricultural purposes.
Whatever the reason, landowners still need to be aware there is a process to follow, Davis noted.
“Is it impacting a wetland? Are there endangered species that need protecting? In most cases, people truly don’t realize there are issues there," he said. “Every situation is different.”
As far as the Innisfil property on Line 5 is concerned, the matter is still in the early stages of investigation.
The issuing of stop-work orders under Simcoe County’s forest conservation bylaw “is certainly not a daily occurrence,” Davis said.
Over the past 10 years, the number of orders issued have ranged from four or five in a year, up to 15 or 16.
“There have been a few of them recently, for whatever reason,” he noted. “We do the best that we can.”
