
Heritage White Oak Tree in Cambridge
I think that I shall never see, A poem as lovely as a tree.
– Sergeant Joyce Kilmer (1886-1918)
While many of us may be familiar with the designation of built heritage properties under the Ontario Heritage Act, recently municipalities have been using the Ontario Heritage Act to designate individual trees as heritage trees. Municipalities like Burlington, Pelham, Thorold, Cambridge, and most recently Brant, have designated individual trees under the Ontario Heritage Act.
First enacted in 1975, the Ontario Heritage Act enables municipalities to pass by-laws designating individual properties as having cultural heritage value through Part IV of the Act. This designation provides some protection for the property from demolition, as well as regulates potential alterations to the property to maintain its heritage value. Larger areas can be designated under Part V of the Act as Heritage Conservation Districts.
In recent years the definition of cultural heritage resources covered under the Ontario Heritage Act has been expanded to include not only the commonly understood Built Heritage Resources, defined as “one or more significant buildings (including fixtures or equipment located in or forming part of a building), structures, earthworks, monuments, installations, or remains that have cultural heritage value,” but also Cultural Heritage Landscapes. Cultural Heritage Landscapes are defined as a “geographical area that human activity has modified and that has cultural heritage value.” These areas can include “one or more groupings of individual heritage features, such as structures, spaces, archaeological sites, and natural elements, which together form a significant type of heritage form distinct from that of its constituent elements or parts…villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trails, and industrial complexes of cultural heritage value.” The addition of Cultural Heritage Landscapes as well as other amendments to the Ontario Heritage Act made in 2005, have included natural landscape features, such as trees, as integral parts of cultural heritage landscapes and built heritage properties that should be protected.
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