Nanaimo : Règlement no 7126, art. 2(a) — Management and Protection of Trees Bylaw

a City tree;

• (b) a significant tree;
• (c) a tree within a Development Permit Area;
• (d) a tree within an area designated by a covenant to:
• (i) protect stability of a slope; or,
• (ii) provide a landscape buffer;
• (e) a tree designated to be retained within an area pursuant to an approved development permit landscape plan; or,
• (f) a tree with scientific value. "Protection" means taking any and all actions necessary to ensure that trees on a parcel of land are not in any way damaged. "Prune" means the removal of living or dead parts of a tree, including branches, in order to reduce size, to maintain shape, health, and flowering or to regulate growth, but does not include topping. "Provincial Crown means Crown Land under the administration and control of Land" Her Majesty in right of a province or any agency thereof, e.g. DL56 / Newcastle Island / Brannen Lake Correctional Centre. "Qualified means an applied scientist or technologist, registered and in Environmental good standing in British Columbia with an appropriate Professional" or "QEP" professional organization constituted under an Act, acting under that association’s code of ethics and subject to disciplinary action by that association. The applicable professional may be a professional Biologist, Agrologist, Forester, Geoscientist, Engineer, or Technologist. Bylaw No. 7126 – Consolidated Version "Registered means a person who is registered under the Foresters Act. Professional Forester" or "RPF" “Replacement Tree” means any tree, regardless of size, that is shown on a tree management or landscape plan, as a replacement for a tree which has been removed or damaged on the same property. “Retained Tree” means a tree not to be cut, removed or damaged. "Riparian areas" means the areas of land and vegetation adjacent to watercourses that need to remain in a largely undisturbed state in order to maintain healthy watercourse environments, as defined in DPA 1 of the Official Community Plan as amended from time to time. “Scientific Value” means a tree may be considered to be of scientific value

when it:

• (a) is evidence of the former range limits or extent of the species or an ecological community; or,
• (b) is endangered or vulnerable species that is endemic to the territory or local region now reduced in range or abundance; or,
• (c) demonstrates a likelihood of providing information which will contribute significantly to a wider understanding of natural history by virtue of its use as

a research site, teaching site, type locality or benchmark site; or,

• (d) is of botanical or genetic value and is not well represented elsewhere in the City; or,
• (e) significant habitat element for a threatened native species. "Significant Tree" means any tree that is of particular significance to the City, due to size, age, landmark value, overall cultural, ecological, heritage or social impact, scientific value, and any tree that is protected as wildlife habitat for an egg or nest as defined in the Wildlife Act and has been listed in Schedules A, B or C. "Stem" means the main ascending axis of a woody plant. “Steep slope” means land, in its natural state, that has a slope angle of 20% or greater. “Street Tree” means a tree planted within the public right-of way in a hardscape (sidewalks) managed by the City of Nanaimo. Bylaw No. 7126 – Consolidated Version “Subdivision” means the process of dividing a parcel of land into two or more parcels under the Land Title Act or the division of land into strata lots under the Strata Property Act. "Top" or "Topping" means the removal of crown branches and main leader to stubs or lateral branches that are not large enough to assume the terminal role. "Tree" means a living native or non-native, living self-supporting perennial woody plant, including native shrubs, that is a species of coniferous or deciduous genus where the diameter of tree stem is six (6) cm or more and is capable of reaching a mature height of 4.5 m or greater within its natural range. "Tree Management means a plan of a parcel of land prepared by or for an owner Plan" identifying the trees proposed to be cut or removed, the retained trees, replacement trees and any tree protection area. “Tree Protection Area” means an area of treed land to be protected within a development as laid out in a Tree Management Plan. “Urban Forest Plan” means a plan developed to preserve, protect and enhance the green spaces in Nanaimo. "Wildlife Tree" means a tree or dead tree which:
• (a) contains the nest of an eagle, peregrine, falcon, gyrfalcon, osprey or heron; or,
• (b) the nest of a bird not referred to in paragraph
• (a) when the nest is occupied by a bird or its egg; or,
• (c) contains a nest of a forest mammal; or,
• (d) is listed in Schedule B of this Bylaw.