Courtenay issues over $200,000 in fines after 107 protected trees cut down, damaged

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A file photo of trees. (Photo credit: Spencer Watson/Unsplash)

A contractor and a property management company have been hit with more than $200,000 in fines after they allegedly damaged or cut down over 100 protected trees in Courtenay.

The incident took place in mid-December 2021 just off 20th Street near Lambert Drive within a riparian area of the Piercy Creek watershed, which is protected by a covenant requiring it to remain in a natural state.

According to a City of Courtenay press release, a total of 107 trees were either cut down or damaged by a contractor, with some of the trees located on multiple adjacent private properties. Following an investigation, the contractor was issued a $107,000 fine — $1,000 per tree —  for violating the city’s tree protection management bylaw. A property management company was also issued a $107,000 fine for violating the same bylaw.

“These are heavy penalties, but the fines are clearly laid out in our bylaws,” said Courtenay Mayor Bob Wells. “Riparian areas are protected by law, and there are serious consequences for those who damage them.”

According to the release, when city staff learned what was going on, they ordered the contract to stop work immediately and began an investigation. Staff also informed the Department of Fisheries and Oceans Canada (DFO) about the incident, since it occurred near a stream.

“These investigations take time,” added Wells. “We’ve added two more team members to bylaw enforcement which has proven to be essential when dealing with complex issues like this one – and in this case, protecting fish and wildlife habitat.”

While some trees were on multiple adjacent private properties, those property owners were not involved in the tree cutting and weren’t subject to any enforcement.

Tree cutting permits are required for properties that are protected by an agreement such as a covenant or development permit, when removing within environmentally sensitive areas or steep slopes, or for several protected species including Garry oak and Pacific dogwood, the release notes.

The allegations have not been disputed or proven in court, according to the city.

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