Forestry bylaw would favour farming

The proposed new Dufferin County Forest Conservation Bylaw, to be presented to county council tonight, would have specific exemptions for agriculture but would potentially have massive penalties for violations.

Although the bylaw appears to be in response to complaints about alleged practises by The Highland Companies at woodlots on the 6,000- 7,000 acres it owns in Melancthon and Mulmur, consultant Garry Hunter for North Dufferin Agricultural and Community Taskforce (NDACT) said Monday there would have been no need for a new bylaw "if (the county) had enforced the existing one."

Mr. Hunter had not read the draft, but apparently had discussed at least some aspects of enforcement with county CAO Linda Dean.

Asked about the penalties potentially imposed under the new bylaw, he said it appeared the county was doing something of an about-face but said the county had acknowledged back in March that NDACT had been right in its assessment of the existing bylaw.

According to NDACT's assessment, there would have been a total of nine forestry infractions by Highland, including one in which the company allegedly clear-cut a woodlot by either .06 or .60 hectares beyond the permitted 1.0 hectare permitted under the existing bylaw.

Neither Highland representatives nor Forest Manager Caroline Mach could be reached for comment Monday, but Highland was previously on record as saying its tree-cutting was to improve efficiency of farming operations, and Ms. Mach had identified no infractions except the 1.06 hectare cutting — which might still be in dispute.

Meantime, Melancthon resident and NDACT supporter (although nonmember) Karren Wallace had led a charge of sorts, insisting there was no agricultural exemption from the bylaw despite past practises.

The bylaw shall now have an agricultural exemption, but the application is unlikely to change.

Says a summary of the draft: "The single most over-arching change is a statement that 'This bylaw does not apply to agricultural operations that are consistent with normal farm practice.' which reflects the County's historical enforcement practise."

There are definitions for both "agricultural operation" and "normal farm practice." The conditions for which permits are required are clearly set out.

And, perhaps to satisfy NDACT, the issuance of permits would be posted on the affected site.

There will be prescribed fees - recommended as varying from $50 to $250.

The County, as an upper-tier government, does not have control of any woodlot of less than one hectare unless its authority over smaller stands has been delegated to it by the lower tier.

The draft bylaw makes provision for such delegation.

Should there be infractions, the bylaw provides authority for stop-work orders.

But prosecution would be under the Provincial Offences Act.

Upon conviction, fines could range from $500 to $10,000 per tree, according to the wording of the draft.

There are expected to be public meetings prior to final passing of the proposed bylaw.