After two years in development, Langford passes its tree protection bylaw

Trees in cities don't just stand there looking beautiful. These urban trees work hard for people and the environment. One mature tree produces enough oxygen for up to four people to breathe every day. 

They reduce traffic noise, and create shade that protects us from harmful ultra violet rays. They’re home to local birds and other animals. Researchers have even shown that kids who have a view of trees from their classrooms do better at school, and that green spaces that include trees make us all feel better.

In the face of the impact of climate change—hotter summers and wetter winters—the management of these important urban forests is becoming increasingly important, particularly in rapidly growing areas like the Westshore. 

Langford has lost a quarter of its tree canopy coverage over the past two decades. South Langford is lacking canopy cover by 50% and 81% of Langford’s city centre is lacking canopy cover. Development of any kind inevitably puts pressure on public resources such as parks, playing fields and other green spaces. 

For years, Langford has been challenged to find ways to balance development with the protection of its urban trees. With 50k more people projected to move there by 2050, it has been important that the city get policy in place sooner rather than later.

Tree protection bylaws are one of the legislative paths that municipalities have to protect trees and green spaces. These bylaws regulate the cutting, removal, or damage to all trees. They also set requirements for the removal and replacement of certain types of trees designated as “protected.”

Langford is a latecomer to the Westshore’s tree-protection party

In response to the declared climate action emergency, and in alignment with the Town of View Royal’s Strategic Plan, council adopted its Tree Protection Bylaw in 2022 to recognize the loss of tree canopy through the regulation of the cutting, removal and damage of trees. 

Colwood’s urban forest bylaw was first approved in 2020 and then amended in 2022. The bylaw “ensures the long-term sustainability of the trees within Colwood's urban forest and the preservation of existing trees as a priority.” View Royal, which enacted its first tree protection bylaw in 2009; Metchosin, which approved its tree management bylaw in 2006 and has amended it several times since; and Highlands, whose tree management bylaw dates back to 1994.

What's in this new bylaw? 

At their December 2 council meeting last year, Langford council voted unanimously to finally adopt a permanent Tree Protection Bylaw (TPB). The new bylaw replaces the Interim Tree Protection Bylaw, (ITPB), passed in 2022 as a stop-gap measure to prevent unfettered tree removal until the city’s Urban Forestry Plan could be completed. The most significant difference between the ITPB and the new TPB is that property owners must now apply for a permit before removing any trees. 

Under the TPB, all trees within the city with a “diameter [at] breast height” (dbh) of more than 20cm are protected. The new bylaw is “designed to balance the protection of tree resources with the regulation of private property” and reflects tree bylaw best practices. It addresses gaps in the administration of the interim bylaw, and incorporates community priorities and public feedback from two online surveys the city implemented in the winter of 2023 and summer of 2024, during the development of the Urban Forest Management Plan. 

The two-year road to the permanent bylaw vote on Dec. 2 was long and bumpy at times. Not all previous council members agreed with the desire for the city to unanimously protect trees or to regulate their removal. 

The old tree debate pitted private against public interests 

As previously reported by The Westshore, Coun. Lillian Szpak met significant opposition when, in January 2022, she brought forward a motion to begin research on a tree protection bylaw. In her arguments for the motion, she said “I would like to see the City of Langford stand up now and state clearly its values, and state clearly its concern for the environment and the health and wellness of our residents.”

Former mayor Stew Young and Coun. Lanny Seaton vehemently opposed the idea on the grounds that homeowners should be able to make decisions around trees on their private property, and that the bylaw created unnecessary bureaucratic red tape.  

But it was the perception that that council lacked community consultation and enough regulation—particularly on development and environmental issues—that contributed to an unprecedented upheaval in the fall 2022 election. Szpak was the only incumbent left standing. 

Then, in the final weeks of 2022, the new Langford council was forced to adopt a temporary tree bylaw. It prohibited tree cutting without a permit after two developers jumped the gun and limbed several trees (i.e. removed all branches but left the trunks standing) on properties that didn’t have development permits.

 “Our hands were being forced by a small number [of people] that decided to step outside of the regulations and with tree removals” said Mayor Goodmanson at the time. 

This time around, the adoption of the bylaw had the benefit of public consultation and long consideration.

“This wasn’t an emergency situation and we had two rapid scenarios that took place that led to this, one being the removal of the arbutus at the corner of Dunford and Jacquelin Rd," said Coun. Keith Yacucha. But it was, he said, “in response to some bold actions taken by some individuals that led to these urgent actions on council’s part. 

Despite a petition that received 1,700 community signatures to protect it, the unusually tall arbutus tree Yachuca is referring to was “urgently” cut down in April 2023 to make way for the proposed Dunford Towers by Jagpal Development. 

The development was one of the last and largest developments approved by the former mayor and council. The arbutus tree is gone but the lot remains empty to date. “We don’t want to throw up red tape but when certain parties act in certain ways, legislation is required to ensure the public interest is maintained,” Yechucha said.

The new bylaw is subject to external legislation 

Langford will now regulate tree cutting and removal on private property through the Tree Protection Bylaw and Development Permit Areas established through the City’s Official Community Plan through the Community Charter and Local Government Act. However, there are some jurisdictional limitations to tree management, even with a bylaw in place. In all cases, provincial rules override both private and municipal interests.

The bylaw does not apply to trees on land governed by a tree farm licence, permit, or other authority under the Forest Act, if s.21 of the Private Managed Forest Land Act applies to the land, or if proposed tree-cutting or removal is being undertaken by a public utility and is being done for the purpose of safety, maintenance, or operation of a utility such as BC Hydro’s infrastructure.

Protected trees get even more cover

Protected status can refer either to particular species of trees but also to their size in diameter, a measure that may differ from municipality to municipality. It refers to trees that are nesting hosts to raptors (as defined in the Wildlife Act), a heron, or an osprey colony. By way of tree protection, the bylaw states, “no person shall damage, cut, or remove a protected tree or cause, suffer, or permit any such protected tree to be damaged, cut, or removed, except where permitted by and in accordance with the terms of this bylaw.” 

Anyone wanting to cut a protected tree must first apply for a city permit to do so. Exceptions are made only if a protected tree is in imminent danger of falling and injuring people or property and where there is no time to obtain a tree permit before that might happen. 

According to the new bylaw, a permit to cut a protected tree may be issued if it is dead or at least 50% of its crown is dead. It can also be cut if it is causing significant damage to utility infrastructure or an accessory (shed or garage) or principal use building. Anyone who cuts a protected tree without such permit is subject to fines under the Offence Act or as they are set out in Langford’s Municipal Ticket Information Bylaw.

In her comments on the bylaw’s passing, Coun. Mary Wagner regretted that the new bylaw did not provide for special protected status for arbutus, Garry oak, Pacific Yew, or Pacific Dogwood trees but indicated she was confident the urban management forest plan would address that. “Natural assets are so important for the whole community,” she said. 

For other communities that do not have an urban forest management plan, their bylaws are their “stand-alone way of communicating community values to the broader community about how they feel about trees,” Guiry said. “We are lucky in that our plan permeates all aspects of our city and decision-making and allows a broader conversation around priorities and around species.”

Speaking in support of the bylaw, Coun. Keith Yacucha said “It places a value on what these trees are and a cost that is associated with removing them. Not every tree needs to or should be saved. By placing a value on this tree or that, we can make trade-off decisions. It just helps to inform that decision-making process.”

Mayor Scott Goodmanson said that the new bylaw aligns with the Urban Forest Management Plan that the city has already passed, and that ultimately “Langford now has specific procedures in place to protect the environment and promote the health of the community’s urban tree canopy.”

Correction: A previous version of this story duplicated the Mary Wagner quote in the 4th-last paragraph in place of the Keith Yacucha quote in the 2nd-last.