Tewin owners get city exemption to clear cut for farming

Tree cutting is expected toresume on a huge, partially clearcut parcel in rural southeast Ottawa, after city staff determined that the partners behind the future suburb ofTewin did not requirea tree permit because they say they intendto farm the property.

The City of Ottawa planned tolift astop-work order Tuesdayon the cutting of trees at the large property north of Piperville Road owned by the Algonquins of Ontario (AOO), according to a memo sent to city council by Don Herweyer, general manager of planning, real estate and economic development.

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"The ownership group has indicated that the land is being cleared and being prepared for farming activities," Herweyerwrote of the area where the Algonquins of Ontario (AOO) and Taggart Group had previously put forward plans for a sustainable suburb."Documentation in this regard has been provided to city staff by the ownership group."

CBC asked Herweyerto clarify whichdocuments staff had seen to confirm theypredated tree-cutting that residents say began more than a month ago.

He answered that the city was first told on Feb. 22 the AOO and Taggartintendedto farm the property, and thattheyprovided documentation that they were engaged in discussions with farm operators about a potential lease in early October 2022.

He said he had seen apreliminary lease agreement with an agricultural operation, whichdiscussedtile-drainingthe land. Tile-draining is an agricultural technique that removes excess subsurface water.

Drone footage recorded by a neighbour and by CBC News has showndozens of hectares of trees have already been cut and logs are being hauled away. The City of Ottawa had earlier confirmed staffwere made aware on Feb. 17, after much of the cutting had already taken place.

At first, residents couldn't make out the work behind the buffer of trees at the roadside, and have been frustrated no one alerted them it would take place.

They eventually had to piecethings together themselves after hearingheavy equipment working in the middle of the night and seeinglarge trucks carrying logs on their country roads.The answers they originally received in mid-February said the area was being cleaned up after the derecho storm.

Exemption for farming practices

Farming is one of the few relevant exemptions under the city's tree protection bylaw, whichcame into effect in January 2021 to preserve Ottawa's tree canopy.

While the bylaw mostly covers urban areas, it also applies to some lands just beyond the new urban boundary where the city expects future expansion of suburbs including at Tewin. The bylawallows for the possibility of unlimited fines for those whocut down a tree of 10 centimetres in diameter without a permit.

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In his memo, Herweyerpointed to how a tree permit is not requiredwhere "the injury or destruction is a normal farm practice carried out as part of an agricultural operation by a farming business."

He also pointed to Ontario's Farming and Food Protection Act, which states that "no municipal bylaw applies to restrict a normal farm practice carried on as part of an agricultural operation."

Herweyer's memo says the property is zoned for agricultural use. Its zoning is "rural countryside,"and it is also labelled an unevaluated wetland on city mapping so it has no formal provincial designation that would require regulation by a conservation authority.

Taggart writes letter to neighbours

When CBC News asked Chief Wendy Jocko about the clearcutting on Feb. 27, her emailed answer mentionedthat the area had previously been agricultural landseveral decades ago but made no mention of future farming plans. Instead, she describedthe tree-cutting as necessary cleanup after last May's derecho storm.

Jockois chief ofAlgonquins of Pikwakanagan First Nation, which is the only federally recognized First Nation within the Algonquins of Ontario organization set up to negotiate a land claim, a process separate from the Tewindevelopment. Many other Algonquin chiefs and eldersdon't recognize the AOO and oppose both the land claim and the Tewin development.

On Feb. 28, Michelle Taggart,vice-president of land development for the Taggart Group,told CBC News that the company had been advisedbylaws allowed for the removal of trees in preparation for farming in the rural area.

On Tuesday afternoon, Taggart sent a formal letter to neighbours which was also shared with city council apologizing"for the communication bungle on our end." Itdescribedhow the property had been farmed in the past, but aerial photos showed farming had ceased by1991.

She thenlaid out why she felt city staff had confirmed the tree-cutting was exempt under two sections of the tree protection bylaw (the memo from staff mentioned only one).

Taggartsaid its field staff had seen extensive damage on the property after the derecho, and included photos. Shesaid the propertyhad trees that "posed immediate threats to public health and safety".

As for the exemption for farm businesses, she wrote, "We received multiple written offers to lease this land for farm purposes and have signed a long-term farm lease with a local registered farmer." TheAOO and Taggart asked that the stop-work order be lifted so the farm could be up and running by this growing season.

Taggart concluded her letter with a second apology to upset neighboursand offeredto pay to fix the rink at the Carlsbad Springs Community Centre as "an act of goodwill."

City to monitor land in future

Herweyer's memo notes that "the onus of maintaininganexemption under the bylaw rests withthe ownership group" and that the city will keep monitoring what's happening at the property to "confirm adherence with the farming exemption."

CBC News had spoken to a resident who hadcomplained to the City of Ottawa about machinery working behind her house in the middle of the night. The bylaw department responded that officers hadn'tobservedtree cutting activity when they responded on Feb. 16 or March 1.

• Midnight log hauling continues after Tewin drone footage made public

Herweyer said that after-hours work has ceased. His understanding was the owners wanted to remove the trees and brush while the ground remained frozen.

Ottawa'snoise bylawstates construction is not permitted between 10 p.m. and 7 a.m., which extends to 9 a.m. on Sundays and holidays.

In recent days, Ecology Ottawa has begun a petition calling for the City of Ottawa toinvestigate the clearingof thelands and make the results public.

Drone footage shows swath of land clear-cut near Tewin boundary

2 years ago

Duration 0:59

Footage from a CBC drone shows a swath of about 70 hectares that has been clear-cut from Tewin lands north of Piperville Road, just outside Ottawa's urban boundary. (Footage: Raphael Tremblay/CBC)