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Kelowna By-law 8041, s. 3.1(a) — Tree Protection Bylaw

Tree Protection Bylaw

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the tenant for life under a registered life estate;

  • (b) the registered holder of the last registered agreement for sale; and
  • (c) the holder or occupier of land held in the manner mentioned in Sections 356 and 357 of the Municipal Act; “ permit ” means a Tree Cutting Permit issued pursuant to this bylaw; “ person ” means a natural person, his heirs, executors, administrators, or assigns, a firm, corporation, municipal or quasi-municipal corporation, society or party school board, hospital board, or other government or government agency; “ protected tree ” means any tree within the lands to which this bylaw applies with a diameter of 100 mm or more measured 1 m above grade (100 mm DBH). “ qualified person ” means a registered professional forester, landscape architect or a certified arborist; “ replacement tree ” means a tree required to replace a tree which has been removed or damaged; “ retained tree ” means a tree that is shown on a site plan attached to a Tree Cutting Permit as a tree that will be retained; “Riparian Management Area”: means an area of sufficient width to include any significant natural attribute and adjacent ecosystem (e.g. vegetation, water features, fish and wildlife habitat, escarpments, terraces, steep valley sides and cliffs) adjacent to a water course, linking aquatic to terrestrial ecosystems and includes both existing and potential riparian vegetation and existing and potential adjacent upland vegetation that exerts an influence on the stream and the size of which is determined based on the water course location as identified in the Official Community Plan. Consolidated Bylaw No. 8041 –. “ stream ” means a natural watercourse or source of water supply, whether usually containing water or not, ground water, lake, river, creek, spring, ravine, swamp and gulch, as defined by the Water Act; “ tree ” means a self -supporting woody plant that is a species of coniferous or deciduous genus which normally grows to a height of five (5) metres or greater, notwithstanding its current size. “ Tree Protection Zone ” means the area of land around a tree that must be protected to prevent damage to roots defined by an arborist, which should include the area below the dripline (see Schedule A for details and drawing).

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