MunicipalNews

Street tree by-laws

"Any other contravention of the ByLaws is punishable by a fine of up to R 2 000.00 or a maximum sentence of six months imprisonment"

Street trees are a contested issue.

According to the Ekurhuleni Metropolitan Municipality, by-laws for the planting, pruning, removal and treatment of street trees are put in place in order to manage and deal with street trees.

These by-laws allow for the regulation, protection, planting removal and long-term management of trees in the metro.

The by-laws have also been put in place to encourage the proper protection and maintenance of all existing trees. The street trees have been planted in accordance with the Department of Environmental Development tree-planting programme.

Trees on metro property will only be removed by metro parks under the following conditions:

  •  The trees are dead or dying.
  •  The tree is diseased beyond recovery.
  •  It causes a traffic hazard and pruning would not alleviate the problem.
  •  It hinders service delivery and infrastructure such as electricity or water.
  •  It is an alien or non-indigenous plant.
  •  The tree affects and hinders the road users, including pedestrians, cyclists and motor vehicles.

Trees may only be removed from a sidewalk to provide vehicle access to a property if the application is supported by the executive director of roads transport and civil works in consultation with the executive director of environmental development and the approved tariff for removing such a tree is paid in advance.

Replacement value of trees

  •  No trees planted on property owned by the Metro may be pruned or removed other than by the Department without written consent of the Executive Director.
  •  Wherever trees and other plants on property under the jurisdiction of the Metro have to be replaced as a result of damage caused by any means whatsoever, the replacement value of the tree will be determined using the Helliwell System of Tree Evaluation as approved by Council.

Any request for the removal/pruning of a tree on a sidewalk shall only be considered if the request is submitted in writing and addressed to the executive director.

The metro shall determine the cost of removing the trees from time to time and this shall be recovered from the owner if it is not in the interest of the metro to remove the tree.

No tree may be pruned or removed from the metro property within the metro except by the department or a contractor appointed by the executive director.

Breaking the by-laws is an offence and is punishable by a fine, and anyone who accidentally or willfully removes a tree/s on metro property will be charged the value of the tree/s as determined using the Helliwell System of Evaluation of Trees as approved in the Metros tariffs for the Removal of Trees.

Any other contravention of the by-laws is punishable by a fine of up to R2 000 or a maximum sentence of six months imprisonment or both and may be imposed upon sentencing for each and every offence.

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