Environment · Règlement 148-2023, Chapter 12

Cutting down a tree in Ormstown? You need a permit for that

There is no standalone tree bylaw in Ormstown. The rules are buried in Chapter 12 of the zoning bylaw and in the permits bylaw, and they cover far more than trees: shorelines, flood plains, drinking-water intakes, snow dumping, and contaminated land. Here is what the municipality actually regulates, and what it costs to get it wrong.

The Ormstown Observer · Bylaws & Regulations Explainer

Key takeaway

Where the rules actually live

Ask for "the tree bylaw" at Town Hall and there isn't one to hand you. Ormstown's environmental rules sit inside Chapter 12 of zoning bylaw 148-2023, titled Dispositions relatives à la protection de l'environnement, à un secteur soumis à une contrainte et aux territoires d'intérêt — protection of the environment, constrained sectors, and territories of interest. It runs from article 12.1 to 12.45 and is one of the densest chapters in the municipality's regulatory package.

Two other documents complete the picture. Permits bylaw 151-2023 is where the tree-cutting certificate is created and where the application requirements live. And since March 1, 2022, a provincial régime transitoire for flood zones, shorelines and littoral areas applies across Quebec and — by the zoning bylaw's own words at article 12.14 — takes precedence over the municipal shoreline provisions. Ormstown incorporates three provincial regulations by reference into Annexe F of its own bylaw.

All of this came into force as part of the regulatory overhaul completed in March 2024, which replaced the 2022 interim control bylaw and the older planning framework.

The certificate: required before you cut, not after

Article 12.8 of the zoning bylaw is blunt: no one may fell a tree without first obtaining a tree-cutting certificate. The application is made in writing on a municipal form and must state the owner's name, the lot number, the trunk dimensions, the location of the trees, the species, and the reason for the cut.

Certain cases require more. A sanitary or salvage cut, or one justified by a silvicultural prescription, needs a scaled plan in duplicate plus a management plan or prescription signed by a forest engineer, and the CPTAQ authorization if the land is agricultural. Cutting for watercourse maintenance, for a hiking trail or nature-interpretation project, or for firewood tied to a maple-syrup operation each carry their own document list.

The municipality has 30 days to issue a certificate once a file is complete, and a refusal must be given in writing with reasons within the same 30 days. Once issued, a certificate is void if nothing is done within six months, and it cannot be transferred to another person.

Two bylaws, two different thresholds

Here the package contradicts itself. Article 12.8 of the zoning bylaw sets the trigger at any tree of 3 centimetres in diameter or more, measured 30 cm from the ground — a sapling. Article 3.15 of the permits bylaw sets it at a diameter greater than 0.1 metre, measured at the same height — roughly ten centimetres, a young but established tree.

Neither bylaw defines "tree" in a way that reconciles the two, and both were adopted in the same 2023 overhaul and consolidated in March 2024. A third figure appears in the penalty provision: article 2.9 of the zoning bylaw attaches its specific tree-cutting fines to trees of 30 centimetres in diameter, measured at 130 cm above ground. A resident reading the bylaws cannot determine from the text alone which threshold an inspector will apply.

Six reasons you may cut anyway

Article 12.10 lists the exceptions. A tree may be felled if it is dead or has an incurable disease; if it is dangerous to people's safety; if it is a nuisance to the growth of neighbouring trees or to equipment; if it is damaging public or private property; if it makes authorized public works or a permitted construction or landscaping project impossible; or if it belongs to the Salix or Populus families — willow, poplar, aspen.

Note what the exception list does not say: it does not remove the certificate requirement. It removes the protection, not the paperwork.

One tree per 100 square metres

Article 12.5 imposes a minimum tree density: in every zone inside the urban perimeter, one tree must be kept for each 100 m² of lot area. If trees are removed for one of the reasons in article 12.10 and the lot falls below that density, they must be replaced — with a tree of at least 3 cm diameter measured 30 cm from the ground. Agricultural zones are exempt from the replacement obligation.

Replacement trees can't be whatever is on sale at the garden centre. Table 12.1 of the bylaw lists roughly fifty permitted species, marking the native ones with an asterisk: sugar, red, silver and black maple, yellow and white birch, bitternut and shagbark hickory, hackberry, American beech, butternut, ironwood, oaks, balsam fir, tamarack, white, black and red spruce, white, red and jack pine, eastern hemlock, alongside non-native options such as Amur maple, Norway spruce, ginkgo and honey locust. Planting must be completed within 12 months of the tree-cutting certificate being issued.

There is also a five-year survival requirement. Under article 12.7, any tree planted to meet the minimum density or in response to an offence that dies or declines within five years must be replaced by the owner within six months of the problem being noticed.

Where a new tree can go is regulated too. Article 10.7 requires minimum clearances: 3 metres from a fire hydrant, a water or sewer service connection, a natural gas line, or a public streetlight; 1.5 metres from a visibility triangle, a traffic sign, the street pavement edge, a public sidewalk, or a public path or bike lane. Trees may not be planted in a street right-of-way at all.

Protecting the trees you keep

The obligation isn't only about felling. Article 12.1 makes every owner responsible for protecting trees on their property, and every owner or builder responsible for protecting the branches, trunks and roots of trees near buildings under construction or demolition.

Article 12.2 spells out the methods: fencing beyond the ground projection of the crown where heavy machinery could damage or compact the root zone; temporary storage of construction materials, excavated soil and backfill kept clear of that area; where that's technically impossible, trunk protection to a height of at least 2.4 metres plus a non-compacting layer such as wood chips at least 30 cm thick over the root zone; pruning or protecting branches at risk; and clean, right-angle cuts on any root over 2 cm in diameter exposed in the work area.

Article 12.3 addresses fill. The natural soil around the trunk must stay undisturbed within the crown's ground projection, and any permanent fill deeper than 15 cm around a tree must be done with a berm — none of it inside the crown projection.

When construction is authorized, article 12.9 sets the clearance perimeters within which cutting is allowed: 5 metres on one side and 3 metres on the other three sides of a main building; 1.5 metres for an accessory building; 3 metres for an in-ground or above-ground pool; 1 metre for a parking area including the driveway and access lane; 2 metres for a septic installation; and zero for a groundwater intake or an electrical connection.

What illegal cutting costs

Article 2.9 sets penalties specific to tree cutting, and they are steeper than the general zoning fines. Felling a tree of 30 cm diameter in contravention of the bylaw carries a minimum $500 fine, plus:

These amounts are doubled on a repeat offence. Separately, any unauthorized cut carries an obligation to plant a replacement tree of 15 cm diameter, measured 30 cm above the root system, within 10 months of the offence. Article 12.6 requires that a tree felled in contravention — or one that dies because it wasn't protected during authorized works — be replaced with a tree of at least 5 cm diameter, chosen from a shorter list in Table 12.2: serviceberry, yellow birch, white oak, red maple, sugar maple, American beech, white pine, eastern hemlock. That planting must be done by the November 1 following the municipality's notice.

General zoning offences, by contrast, run $500–$1,000 per day for an individual and $500–$2,000 for a corporation on a first offence, rising to $800–$2,000 and $800–$4,000 on repeat. Every day a violation continues is a separate offence.

The Franklin and Ormstown woodlot

Section 3 of Chapter 12 carves out a distinct regime for the boisé de Franklin et Ormstown, identified on Annexe C of the zoning bylaw. Inside it, thinning and sanitation cuts are allowed with a municipal certificate. Conversion cuts require more: written justification from a forest engineer that the cut is essential, plus a deforestation plan prepared by that same professional and filed with the municipality.

Broader clearing inside the woodlot is permitted only for a defined list of purposes — clearing for agricultural development, clearing to develop a permitted use, maintenance and improvement works carried out by the government or the municipality under recognized programs, municipal development works under such programs, and maintenance of electricity, gas and communication networks.

The scenic corridor along the Châteauguay River

Article 12.13 protects a strip along chemin de la Rivière Châteauguay and Route 138A. Within 5 metres of the road right-of-way line, removing woody material is prohibited except for sanitary and maintenance cuts — and except where a tree threatens public safety. Any tree that dies within that strip must be replaced with one of at least 3 cm diameter, measured 30 cm from the ground.

Shorelines, littoral and flood plains

This is the part of Chapter 12 most likely to affect a waterfront property owner, and the part where provincial law now leads. Since March 1, 2022, the régime transitoire replaces the old Politique de protection des rives, du littoral et des plaines inondables and prevails over the municipal text.

The basic geometry still comes from the bylaws. Under the definition in permits bylaw 151-2023, the rive — the protected shoreline strip measured horizontally inland from the high-water mark — is a minimum of 10 metres where the slope is under 30%, or over 30% with a bank less than 5 m high; and a minimum of 15 metres where the slope is continuous and over 30%, or over 30% with a bank more than 5 m high. Article 12.15 makes clear that all lakes and watercourses, whether flowing continuously or intermittently, are covered. Ditches are exempt.

In the littoral — the bed of the watercourse below the high-water mark — all construction, works and structures are prohibited in principle. Article 12.31 lists the exceptions: docks, shelters and boat launches on piles or floating platforms; watercourse crossings such as fords, culverts and bridges; aquaculture equipment; surface-water intakes built under the provincial Règlement sur le prélèvement des eaux et leur protection; encroachment necessary to complete authorized shoreline works; municipal cleaning and maintenance without dredging; and works for municipal, industrial, commercial or public-access purposes that already carry a provincial authorization.

In the rive itself, article 12.32 likewise prohibits construction in principle, with narrow exceptions. Building or enlarging a main house is possible only if the lot no longer allows it elsewhere because of the shoreline buffer, if the lot was described or subdivided before the first interim control bylaw took effect on April 11, 1983, if the lot is not in a high erosion or landslide risk area identified in the MRC's schéma d'aménagement, and if a 5-metre strip is kept in its current state or returned to nature, with no cantilevered structure overhanging it. A garage, shed or pool is allowed only on the portion of a shoreline that is no longer in a natural state, under similar conditions.

Any construction or work likely to destroy or modify shoreline vegetation, expose bare soil, affect bank stability, or encroach on the littoral requires prior authorization (article 12.30). Forest management activities governed by the provincial Loi sur l'aménagement durable du territoire forestier are exempt from municipal pre-authorization.

Two more provisions are easy to miss. Article 12.33 prohibits pushing, depositing or throwing snow into a lake, watercourse or retention basin — and within 15 metres of the high-water mark of a lake or watercourse. Article 12.34 sets setbacks near slopes steeper than 25%: two-storey-or-less homes need a setback equal to twice the total height of the bank at its crest and twice its height at the base; taller buildings, non-residential buildings, roads and streets need five times the height at the crest and twice at the base. Filling at the top and excavation at the base of these slopes are prohibited outright.

In flood plains, article 12.16 requires prior authorization for anything liable to alter the hydraulic regime, obstruct water flow during a flood, disturb wildlife or plant habitat, or endanger people and property. In the 0–20 year high-current zone, construction and works are prohibited in principle, subject to the specific permissions and derogations in articles 12.18 through 12.20. Forest management activities under provincial law and agricultural activities without fill or excavation are not subject to municipal pre-authorization.

Drinking water and contaminated land

Article 12.35 draws a 30-metre protection radius around water intakes supplying drinking-water distribution networks. Inside that radius, septic disposal fields, and the spreading of manure, fertilizer, pesticides and insecticides are prohibited, as are works, structures and activities generally — apart from what is required to capture and maintain the water supply itself. Immediate, intermediate and remote protection areas for category 1, 2 and 3 water withdrawals follow the provincial regulation and are mapped in Annexe G.

On land the Environment Ministry has identified as contaminated, article 12.45 requires any subdivision, construction, expansion or change of main use to obtain a ministerial certificate confirming that the requirements for the intended use — and any decontamination work — have been met. Where cut-and-fill work is involved, a berm, planting or fencing must be installed to screen it.

What changed in April 2026

On April 13, 2026, council adopted bylaw 148.4-2025, amending zoning bylaw 148-2023 to concord with changes to the MRC du Haut-Saint-Laurent's schéma d'aménagement made by MRC bylaw 345-2024. According to the public consultation notice, the amendment modifies "certain provisions relating to the policy on the protection of shorelines, littoral and flood zones" as well as open-air tourist accommodation tied to a registered agricultural business. The provisions apply to the entire municipal territory. The public consultation was held March 26, 2026, and the bylaw came into force on publication of the adoption notice, April 20, 2026.

The practical problem for residents: the consolidated version of bylaw 148-2023 published on ormstown.ca is still the March 2024 text, and its administrative codification table — the table that is supposed to list amendments — is blank. Anyone reading the posted PDF today is reading shoreline rules that have since been amended. The document carries a standard warning that the codification has no official value and that the official version must be consulted for legal purposes.

What residents should do

Before cutting anything — including a tree you consider dead, dangerous or a nuisance — call the planning department and file for a certificate. The exceptions in article 12.10 relieve you of the protection, not of the application, and the tree-specific penalties are among the highest in the zoning bylaw. If your property fronts a lake or watercourse, assume the 10- or 15-metre shoreline strip applies and confirm the current rules with the municipality rather than the posted PDF, given the April 2026 amendment. And if you're clearing for a build, get the clearance perimeters in article 12.9 into your site plan before machinery arrives.

📞 450 829-2625 · ✉️ ormstown@ormstown.ca · 🏛️ 5, rue Gale, Ormstown

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