Special permit granted to clear trees in Beeton, followed bylaw procedures, CAO

A “special permit’ granted to Tecumseth Estates (Rizzardo) to clear 14.2 hectares (35 acres) of woodland on its 9th Line property in Beeton, was issued by Simcoe County because the upper tier’s Forest Conservation Bylaw superscedes local policies when the site involved is at least one hectare (2.5 acres) or more.Since Free Press Online first reported the issuance of the special permit in a story posted February 13, opposition from Beeton residents has been growing, and a petition launched to stop the cut of “predominantly … mature, mixed hardwood” at 6386 and 6416 9th Line in Beeton, “to expand an existing agricultural area.”

The subject site is 241 acres in area; approximately 60 acres is currently woodland with the remaining 181 acres in agricultural use. Agricultural land class is 1-3 and 4. The Tecumseth Estates property was excluded from the Beeton Secondary Plan (BSP) in 2005, and a subsequent appeal to the OMB was abandoned by the Rizzardo’s in 2007. The long term goal was approximately 900 new homes. Previous to that, the site was the preferred supply of the fill required for their subdivision in Alliston.Simcoe County CAO Mark Aitken told Free Press Online in an email reply that “this property is not attached or associated with any County Forests. Our involvement in this matter falls within the jurisdiction of the County’s Forest Conservation By-law, the purpose of which is to regulate significant and commercial tree harvesting on private lands, as well as the protection of woodlands and tree cover in the County outside other formal processes that may determine other requirements and outcomes. While landowners have rights and we respect that, we as a County wish to ensure reasonable environmental and conservation considerations.”In 2012, when Tecumseth Estates was in the midst of clearing trees without permission, the County bylaw officer stepped in and issued a stop work order, and required an Environmental Impact Study. The NVCA also became involved as a commenting agency and further ordered the installation of buffers and protection of a water feature on the property and an agreement to remove certain trees and species and conduct a compensation planting on other areas of the property, as part of the permit approval.

Mr. Aitken said the NVCA, MNR and County Council accepted Tecumseth Estates final report in October 2014, and subsequently issued a permit based on the plan.

“County Council has full and final authority on their Forest Conservation By-law decisions,” he said. “Forest Conservation By-laws in general can be controversial for many municipalities, with arguments against municipalities on both sides of the equation – intruding on and limiting land owners rights and abilities, to frankly not doing enough to protect land features and resources on private property. Simcoe County has considered this over the years and believes we have struck a reasonable balance. If you review County Council agendas, you will note a number of reports that either act on issues, or provide permits where the impact is considered reasonable considering reasons for clearing and type and condition of the woodlots. Often the EIA will outline or limit clearing, or put compensation plans in place as it has in this instance.”