Bill 343 (Legislature 22, Session 4)

L22 S4 2523

Alberta — Bills

1993 BILL 343 Fourth Session, 22nd Legislature, 41 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 343 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1993 MR. MCINNIS Firs t Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1992 (22nd, 4th) Bill 343, Municipal Government Amendment Act, 1993

Bill 343 Mr. McInnis BILL 343 1993 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1993 (Assented to , 1993) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Municipal Government Act is amended by this Act. 2 The following heading is added after

section 196: Protection of Trees 3 The following is added after

section 197: General protection of trees 197.1(1) The council may, by by-law applicable to all or part of the municipality, do one or more of the following: (

a) prohibit the cutting and removal of trees; (

b) regulate the cutting and removal of trees; (

c) prohibit the damaging of trees; (

d) regulate activities that may damage trees; (

e) require the replacement, in accordance with the by law, of trees that have been cut, removed or damaged in contravention of a by-law under this subsection or a permit referred to in

section 197.2(1); 1

(

f) require the maintenance of replacement trees required under paragraph (

e) or by permit referred to in

section 197.2 and of significant trees identified under

section 197.3; (

g) require specific amounts of cash deposits, letters of credit or other forms of security for the replacement of trees under paragraph (

e) and their maintenance under paragraph (f); (

h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the municipality; (

i) establish exemptions from the application of a by law under this subsection.

(2) A by-law under this

section may be different in relation to one or more of the following: (

a) different areas of the municipality; (

b) different species of trees; (

c) different classes of trees; (

d) different sizes of trees; (

e) different significant trees identified under

section 197.3. Regulation of tree cutting and removal 197.2(1) Without limiting the generality of

section 197.1(1) a by-law under that

section may do one or more of the following: (

a) require permits to cut or remove trees; (

b) establish fees for these permits; (

c) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions; 2

(

d) require applicants for these permits to provide plans identifying: (

i) the trees proposed to be cut or moved; (ii) the trees proposed to be retained; and (iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed.

(2) A fee under subsection (1)(

b) for a permit must not include charges for an assessment or inspection required as a condition of the permit or authorized under

section 197.1(1)(

h) or 196.6(1). Significant trees 1973(1) The council may, by by-law, identify trees that the council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.

(2) The council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed. Hazardous trees and shrubs 197.4(1) The council may, by by-law, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the council considers that it is (

a) a hazard to the safety of persons, (

b) likely to damage public property, or (

c) seriously inconveniencing the public.

(2) A by-law under

section 197.1(1)(

a) or (

b) does not apply to a tree that is subject to a by-law under this section. Removal or replacement of trees at owner ’s expense 197.5(1) The council may take action under this

section if a person does not comply (

a) with a requirement of a by-law under

section 3

197.1(1)(

e) or a permit referred to in

section 197.2(1) to provide replacement trees, or (

b) with a requirement of a by-law under

section 197.4 to trim, remove or cut down trees, hedges, bushes or shrubs.

(2) In the circumstances described in subsection (1), the council may serve the person with notice that the municipality will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action (

a) in the case of a requirement referred to in subsection (1)(a), within 30 days of service, or (

b) in the case of a requirement referred to in subsection (1)(b), within 5 days of service.

(3) The Court of Queen’s Bench may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.

(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the municipality may enter the real property and effect that action at the expense of the person given notice.

(5) If the person referred to in subsection (4) does not pay the costs of the action under that subsection on or before December 31 in the year in which the costs shall be added to and form part of the taxes on the real property as taxes in arrears. Assessment and Inspection of trees 197.6(1) In addition to the authority under

section 197.1(1)(h), the council may direct that an assessment or inspection of specified trees or sites be undertaken by the municipality for the purposes of this Act.

(2) The municipality, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or

section 197.1(1)(

h) or required as a condition of a permit referred to in

section 197.2(1). 4

Limits on powers 197.7(1) A by-law under

section 197.1 does not apply to land if it would have the effect of (

a) preventing all uses of the land permitted under the applicable zoning by-law, or (

b) preventing the development of the land to the density permitted under the applicable zoning by-law.

(2) As an exception to subsection (1), a by-law that has an effect referred to in that subsection applies to land if the council (

a) pays compensation, as determined by the law, to the owner of the land for any reduction in the market value caused by the prohibition, or (

b) provides, by development permit, development variance permit or otherwise, alternative means for the land to be used for its permitted use or developed to its permitted density.

(3) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a by-law under this Act or the issuance or refusal of a permit under this Act. 5 Title: 1992 (22nd, 4th) Bill 343, Municipal Government Amendment Act, 1993

Document details

Collection	Alberta — Bills
Citation	L22 S4 2523
Type	bill
Volume / chapter	L22 S4 2523
Language	en
Format	json
Source	PROVINCIAL
Identifier	b3074f615bbf275d727400c18802fa7b5082f51a

Source file is stored in the law ingest library (json).