Planting rules
 35. (1) The following planting rules apply to the planting of any butternut seedlings required under paragraph 6 of section 26: 1.  The planting must occur only during the following periods of each year: i.  The period that begins on March 1 and ends on May 15. ii.  The period that begins on September 20 and ends on October 30. iii.  In the case of a seedling that was grown in a container which may itself be planted, the period that begins on May16 and ends on May 25. 2.  A butternut seedling must be planted within three years after the day the person responsible for the impactful actions with respect to a butternut tree submitted a notice of butternut impact form to the Minister. 3.  A butternut seedling must be planted only in the seed zone in which the seed from which the seedling was grown originated. 4.  The area in which a butternut seedling is planted must have soil that, i.  is greater than one metre deep, ii.  is moist but well-drained, and iii.  has a fine to medium texture with a recognizable organic layer and with a pH ranging from 6.8 to 7.2. 5.  A butternut seedling must be planted in an area that provides full sunlight to the seedling or is capable of providing full sunlight to the seedling with tending. 6.  The area in which a butternut seedling is planted must have conditions that prevent the seedling from being exposed to northerly winds. 7.  No more than 200 seedlings shall be planted in any given hectare of land. 8.  In order to avoid a monoculture of butternut trees, deciduous trees and shrubs that are not butternut and that are native to the area in which the butternut seedlings are planted must be planted in the area and they must be planted in sufficient numbers so as to ensure that there are an equal number of butternut trees and other native Ontario tree and shrub species in the area. 9.  Butternut seedlings must be planted at least, i.  three metres from other planted butternut seedlings, ii.  two metres from other trees or shrubs that either exist in the area or are being planted under paragraph 8 and that are likely to be the same height or shorter than the butternut tree at full growth, iii.  four metres from other trees or shrubs that either exist in the area or are being planted under paragraph 8 and that are likely to be taller than the butternut tree at full growth, iv.  five metres from the canopy drip line of trees that are greater than four metres in height at the time of planting, and v.  100 metres from a highway consisting of two or more lanes in each direction. (2) The following are the rules for monitoring and tending to butternut seedlings that are planted as required under paragraph 7 of section 26: 1.  The butternut seedlings must be monitored in order to assess the health of the seedlings and the conditions of the habitat. 2.  The monitoring must take place once annually on or after May 15 but before September 20 of each of the first five years that follow the planting. 3.  Tending activities shall take place once a week from May 15 to September 20 during the first growing season after the seedlings are planted. 4.  Tending activities during the first growing season after the seedlings are planted will include, i.  watering during drought or low rainfall periods, ii.  maintenance of tree guards to protect the lower stem from rodents, and iii.  vegetation control 60 centimetres around the base of the seedling until the seedling is above the herbaceous vegetation. 5.  Tending activities shall take place during the second to the fifth growing season after the seedlings are planted to ensure that, i.  the seedling is watered during drought or low rainfall periods, and ii.  vegetation is controlled 60 centimetres around the base of the seedling until it is above the herbaceous vegetation. (3) The person who plants butternut seedlings under this Part must maintain a record of the planting, monitoring and tending activities and the record shall include, (a)  the date the seedlings were planted; (b)  the date of each time a person attended to monitor or tend to the seedlings; (c)  a description of every monitoring and tending activity undertaken; (d)  an assessment of the health status of the seedlings every time they were monitored or tended to indicating if their health is good, poor or whether they are dead; and (e)  whether the seedlings have shown evidence of butternut canker and, if so, a description of the extent to which the seedlings are affected by butternut canker.