jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “ecoregion” means an ecoregion identified in the document entitled “The Ecosystems of Ontario, Part 1: Ecozones and Ecoregions” that is published by the Government of Ontario, dated 2009, as amended from time to time, and available on a website maintained by the Government of Ontario; (“écorégion”) “Registry” means the registry maintained on a website of the Government of Ontario for the purposes of the submission of notice forms under this Regulation and Ontario Regulation 242/08 (General) made under the Act. (“Registre”) Part II   Notices submitted Through the Registry
PART II NOTICES SUBMITTED THROUGH THE REGISTRY
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PART III BARN SWALLOW
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Interpretation and Exemptions
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Definitions
 3. In this Part, “barn swallow active season” means the period of each year when barn swallows carry out life processes relating to breeding, nesting and rearing, and that begins around the beginning of May and ends around the end of August, the exact dates varying according to the area of the Province in which the barn swallows are located and the climate conditions of each year; (“saison active de l’hirondelle rustique”) “nest cup” means a container, receptacle or vessel that may be used as a nest by barn swallows. (“nid artificiel”)
Exemption
 4. (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out an activity listed in subsection (2), harms or harasses a barn swallow, or who damages or destroys its habitat, if, (a)  the person satisfies the conditions set out in section 5; or (b)  the person, (i)  pays a species conservation charge to the Species at Risk Conservation Trust in accordance with paragraph 5 of subsection 20.3 (1) of the Act and Ontario Regulation 829/21 (Species Conservation Charges) made under the Act, and (ii)  satisfies the conditions set out in paragraphs 1 to 4 of section 5. O. Reg. 830/21, s. 37 (4). (2) The maintenance, repair, modification, replacement or demolition of a building or structure that provides barn swallow habitat are the activities referred to in subsection (1). O. Reg. 830/21, s. 4 (2). Conditions
Mitigation measures
 6. The following are the steps referred to in paragraph 2 of section 5 to minimize the adverse effects of the activity on the barn swallow and its habitat: 1.  If any part of the activity is to be carried out during the barn swallow active season, the person shall ensure that barn swallows are excluded from any part of the building or structure that is the object of the activity by doing the following before the barn swallow active season begins: i.  Removing from the building or structure any existing barn swallow nests that may be impacted by the activity. ii.  Installing tarps and netting or taking other such measures to prevent barn swallows from accessing any part of the building or structure that is the object of the activity. 2.  If, despite following the measures described in paragraph 1, one or more barn swallows enter the building or structure to establish nests, the person shall ensure that any part of the activity that would harm or harass barn swallows while nesting is suspended until the end of the barn swallow active season.
Barn swallow management plan
 7. (1) A barn swallow management plan referred to in paragraph 3 of section 5 shall, when first prepared, include the following information: 1.  The name and contact information of the person who is proposing to carry out the activity. 2.  Which of the activities referred to in subsection 4 (2) the person is proposing to carry out in respect of a building or structure that provides barn swallow habitat including, i.  a description of the activity, ii.  the proposed start and completion dates, and iii.  an indication of whether, as a result of the activity, the building or structure that provides barn swallow habitat will be, A.  destroyed, or B.  modified so that, 1.  it no longer provides suitable conditions for barn swallow nesting, or 2.  it provides a smaller area for barn swallow nesting than was provided before the modification. 3.  A description of the building or structure that is the object of the activity, including its location. 4.  The number, location and description of barn swallow nests located on or in the building or structure before the activity begins. 5.  Based on the information in paragraph 4, the area of nesting habitat, expressed in square metres, provided by the building or structure. (2) The barn swallow management plan shall be updated from time to time to include the following information: 1.  A description of the steps followed by the person in accordance with section 6 to minimize the adverse effects of the activity on the barn swallow and its habitat. 2.  Any change to the information required under subsection (1).
Habitat creation, damaged nests etc.
 8. (1) A person who is required to create habitat for barn swallows under paragraph 5 of section 5 shall install one nest cup for each nest that was removed, damaged or destroyed. (2) The nest cup shall be installed, (a)  in any area of the building or structure that was the object of the activity, if the area continues to provide conditions that are suitable for barn swallow nesting; (b)  in any building or structure that exists within one kilometre of the building or structure that was the object of the activity, if it provides conditions that are suitable for barn swallow nesting; or (c)  in any building or structure that the person constructs within one kilometre of the building or structure that was the object of the activity, if it meets the requirements of subsection 9 (2).
Habitat creation, destruction or modification of building etc.
 9. (1) A person who is required to create habitat for barn swallows under paragraph 6 of section 5 shall, (a)  construct one or more structures that provide areas of habitat in accordance with subsection (2); or (b)  modify one or more existing buildings or structures that do not currently provide areas of habitat for barn swallows so that they provide areas of habitat in accordance with subsection (2). (2) The areas of habitat for barn swallows in a building or structure constructed or modified under subsection (1) shall provide conditions suitable for barn swallow nesting by, (a)  providing horizontal ledges or rough vertical surfaces with a sheltered overhang; (b)  providing surface areas suitable for nest attachment at a height that minimizes disturbances to barn swallows and in a location that minimizes predation; (c)  allowing barn swallows to freely enter and exit nests; (d)  providing suitable area to accommodate appropriate spacing between nests; and (e)  being structurally sound and capable of providing habitat for barn swallows on a long-term basis. (3) A building or structure constructed or modified under subsection (1) shall provide areas of habitat for barn swallows that are capable of accommodating at least 1.5 times the number of barn swallow nests that were in the destroyed building or structure or in the building or structure as it was before being modified. (4) The building or structure constructed or modified under subsection (1) shall be in a location that is accessible to barn swallows and, (a)  within one kilometre of the building or structure that was destroyed or modified as a result of the activity; and (b)  within 200 metres of an area that provides suitable foraging conditions for barn swallows.
Timing of habitat creation
 10. The following are the deadlines referred to in paragraphs 5 and 6 of section 5: 1.  If the activity will begin outside of the barn swallow active season, the deadline for creating the barn swallow habitat shall be before the beginning of the next barn swallow active season. 2.  If the activity will begin during the barn swallow active season, the deadline for creating the barn swallow habitat shall be before the beginning of that barn swallow active season.
Record of habitat creation and monitoring
 11. (1) A record of habitat creation and monitoring referred to in paragraph 8 of section 5 shall, when first prepared, include the following information: 1.  An indication of the number and location of nest cups installed on buildings or structures in accordance with section 8. 2.  A description of each building and structure constructed or modified in accordance with section 9, including the location of the building or structure and the area of nesting habitat created in accordance with subsection 9 (3). (2) For each year a person is required to monitor the use of habitat by barn swallows under paragraph 9 of section 5, the person shall, within three months of having completed the annual monitoring, update the record of habitat creation and monitoring to include the following monitoring information: 1.  The number, description and location of new nests created by barn swallows. 2.  An estimate of the number of barn swallows using the building or structure.
Transition
 12. Despite the revocation, on December 1, 2021, of section 23.5 of Ontario Regulation 242/08 (General) made under the Act, a person who, before December 1, 2021, had submitted a notice of activity form to the Minister under section 23.5 of Ontario Regulation 242/08 with respect to an activity described in subsection 4 (2) of this Regulation and was, immediately before December 1, 2021, exempt under subsection 23.5 (2) of Ontario Regulation 242/08 from clause 9 (1) (a) and subsection 10 (1) of the Act with respect to the activity, (a)  is not required to register a new notice of activity form under this Regulation in order to continue being exempt from clause 9 (1) (a) and subsection 10 (1) of the Act with respect to the activity; and (b)  shall continue, after December 1, 2021, to be exempt under section 23.5 (2) of Ontario Regulation 242/08 from clause 9 (1) (a) and subsection 10 (1) of the Act with respect to the activity, so long as the person continues to satisfy all the conditions to the exemption set out in subsections 23.5 (3) to (12) of Ontario Regulation 242/08, as those subsections read immediately before December 1, 2021. Part IV   BOBOLINK, EASTERN MEADOWLARK Exemptions
PART IV BOBOLINK, EASTERN MEADOWLARK
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Exemptions
 13. (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out an activity described in subsection (3), kills, harms, harasses, captures or takes a bobolink or an eastern meadowlark, or damages or destroys its habitat, if the size of the area of habitat of bobolinks or eastern meadowlarks that is damaged or destroyed by the activity is equal to or less than 30 hectares and, (a)  the person satisfies all of the conditions set out in section 14; or (b)  the person, (i)  pays a species conservation charge to the Species at Risk Conservation Trust in accordance with paragraph 5 of subsection 20.3 (1) of the Act and Ontario Regulation 829/21
(Species Conservation Charges) made under the Act, and (ii)  satisfies the conditions in paragraphs 1 to 4 of section 14. O. Reg. 830/21, s. 37 (5). (2) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a bobolink or an eastern meadowlark that was killed, harmed, harassed, captured or taken by a person carrying out an activity described in subsection (3), if, pursuant to subsection (1), the person was exempt from clause 9 (1) (a) of the Act with respect to that activity. O. Reg. 830/21, s. 13 (2). (3) The activities referred to in subsection (1) are land development activities that take place in an area that is the habitat of bobolinks or eastern meadowlarks and include, (a)  the construction of buildings, structures, roads or other infrastructure; and (b)  the excavation and landscaping of land. O. Reg. 830/21, s. 13 (3). Conditions
Mitigation measures
 15. The following are the steps referred to in paragraph 2 of section 14 to minimize the adverse effects of the activity on the bobolink or eastern meadowlark and their habitat: 1.  The person shall ensure that no part of the activity that is likely to damage or destroy the habitat of bobolinks or eastern meadowlarks or kill, harm or harass bobolinks or eastern meadowlarks is performed between May 1 and July 31 of any year. 2.  The person shall take reasonable steps to minimize adverse effects of the activity on the bobolink and eastern meadowlark, including, if applicable, routing access roads along existing fencerows or hedgerows if possible.
Bobolink and eastern meadowlark management plan
 16. (1) A bobolink and eastern meadowlark management plan referred to in paragraph 3 of section 14 shall be prepared by one or more persons with expertise in relation to bobolinks or eastern meadowlarks, or both, as the case may be, using the best available information on steps that may help minimize or avoid adverse effects on the species to which the plan relates, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge, if it is reasonably available. (2) A bobolink and eastern meadowlark management plan shall, when first prepared, include the following information: 1.  The name and contact information of the person on whose behalf the activity described in subsection 13 (3) is being carried out. 2.  A description of the activity. 3.  The proposed start date of the activity. 4.  An indication as to whether the activity will be carried out on land that is habitat for bobolinks, for eastern meadowlarks, or for both, as the case may be. 5.  With respect to the area of bobolink or eastern meadowlark habitat that is likely to be damaged or destroyed by the activity, i.  a description of the area’s location, including a detailed map, ii.  the ecoregion in which the area is located, and iii.  the size of the area in hectares. (3) The bobolink and eastern meadowlark management plan shall be updated from time to time to include the following information: 1.  A description of the steps followed by the person in accordance with section 15 to minimize the adverse effects of the activity on the bobolink or eastern meadowlark and their habitat, including details of any encounters with the species. 2.  Any change to the information required under subsection (1).
New or enhanced habitat requirements
 17. The habitat required to be created or enhanced under paragraph 5 of section 14 shall meet the following requirements: 1.  The habitat shall be created or enhanced in an area that meets the following criteria: i.  The area shall be located outside of the area where the activity is carried out but within the same ecoregion as that area or in an ecoregion that is adjacent to that area. ii.  The area shall be at least 1.5 times larger than the area of the habitat for bobolinks or eastern meadowlarks that is damaged or destroyed by the activity. iii.  The area may be made up of separate parcels of land, but the minimum size of any individual parcel shall be no less than four hectares. iv.  No portion of the area shall be less than 200 metres in width. 2.  A minimum of 60 to 80 per cent of the habitat shall be covered with at least three different grass species and any remaining part of the habitat that is not covered with grass species shall be covered with forbs or legumes. 3.  Among the grass species referred to in paragraph 2, at least one shall grow greater than 50 centimetres high under normal growing conditions.
New or enhanced habitat management
 18. The habitat required to be created or enhanced under paragraph 5 of section 14 shall be managed in accordance with the following rules: 1.  The area in which the habitat is located shall not be harvested, mowed or cut between April 1 and July 31 of any year. 2.  If the habitat is used for pasture, grazing farm animals shall be excluded from at least 50 per cent of the habitat from April 1 until July 31 of each year. 3.  In each of the five years following the creation or enhancement of the habitat, i.  woody vegetation and invasive species shall be removed from the habitat, and ii.  actions shall be taken to ensure that the grass species, forbs and legumes in the habitat are maintained in the proportions described in paragraph 2 of section 17.
New or enhanced habitat record and monitoring
 19. (1) A record of new or enhanced habitat referred to in paragraph 8 of section 14 shall, when first prepared, include the following information with respect to the habitat created or enhanced under paragraph 5 of section 14: 1.  A description of the area’s location, including a detailed map. 2.  The ecoregion in which the area is located. 3.  The size of the area in hectares. 4.  The composition of the soils covering the area. 5.  The percentage of the area covered by grass species at the time the record is prepared. 6.  A summary of the steps taken to create or enhance the habitat, and to manage that habitat, including: i.  A description of the areas that have been seeded, and of the composition of the seed mixture such as the species and their relative percentage within the seed mixture. ii.  An overview of phasing and times of the year for site preparation, planting, seeding, tending and maintenance. iii.  A description of the practices undertaken for site preparation, planting, seeding, tending and maintenance. 7.  Photographs of the area created or enhanced as habitat that show the area prior to and after the habitat is created or enhanced. (2) Each year, within three months of completing the monitoring of new or enhanced habitat as required under paragraph 9 of section 14, the record of new or enhanced habitat shall be updated to include the following monitoring information: 1.  For each survey taken, the number of bobolinks or eastern meadowlarks surveyed in the area. 2.  Details of any encounters with bobolinks or eastern meadowlarks.
Transition
 20. Despite the revocation on December 1, 2021 of section 23.6 of Ontario Regulation 242/08 (General) made under the Act, a person who, before December 1, 2021, had submitted a notice of activity form to the Minister under section 23.6 of Ontario Regulation 242/08 with respect to an activity described in subsection 13 (3) of this Regulation and was, immediately before December 1, 2021, exempt under subsections 23.6 (2) and (3) of Ontario Regulation 242/08 from clause 9 (1) (a), subclauses 9 (1) (b) (i) and (ii) and subsection 10 (1) of the Act with respect to the activity, (a)  is not required to register a new notice of activity form under this Regulation in order to continue being exempt from clause 9 (1) (a), subclauses 9 (1) (b) (i) and (ii) and subsection 10 (1) of the Act with respect to the activity; and (b)  shall continue, after December 1, 2021, to be exempt under subsections 23.6 (2) and (3) of Ontario Regulation 242/08 from clause 9 (1) (a), subclauses 9 (1) (b) (i) and (ii) and subsection 10 (1) of the Act with respect to the activity, so long as the person continues to satisfy all the conditions to the exemption set out in subsections 23.6 (4) to (10) of Ontario Regulation 242/08, as those subsections read immediately before December 1, 2021. Part V   Butternut Definitions and Application
PART V BUTTERNUT
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Definitions
 21. In this Part, “Butternut Assessment Guidelines” means the document entitled “Butternut Assessment Guidelines: Assessment of Butternut Tree Health for the Purposes of the Endangered Species Act, 2007” (Version 3), published by the Government of Ontario, dated December 2021, as amended from time to time, and available to the public on a website maintained by the Government of Ontario; (“Ligne directrice pour l’évaluation du noyer cendré”) “butternut health expert” means an arborist, professional forester, forest technician, dendrologist, horticulturist, botanist, mycologist or plant pathologist or any other qualified professional who, (a)  has expertise in relation to butternut, and (b)  has the expertise, education, training and experience necessary to assess the health of butternut trees and to carry out the other responsibilities imposed on the expert under this Part; (“expert sur la santé des noyers cendrés”) “butternut health expert’s report” means the butternut health expert’s report prepared and submitted under paragraph 2 of subsection 24 (1); (“rapport de l’expert sur la santé des noyers cendrés”) “impactful actions” means any actions that a person undertakes with respect to a butternut tree or in the vicinity of a butternut tree that may directly impact the butternut tree by killing, harming or taking it and includes removing the tree, digging in the vicinity of the tree or any other action directed at the tree or undertaken in the vicinity of the tree that may directly result in the killing, harming or taking of the butternut tree; (“actions à incidence importante”) “mitigation plan” means a mitigation plan that is required to be prepared by a butternut health expert under paragraph 3 of section 26; (“plan de mesures d’atténuation”) “root harm prevention zone” means the area surrounding the stem of a butternut tree determined in accordance with subsection 31 (2); (“zone de prévention des nuisances aux racines”) “scion” means a small portion of a butternut tree containing buds that is used for grafting; (“griffon”) “seed zone” means a seed zone identified in the document entitled “Southern Ontario Tree Seed Zone Atlas” published by the Government of Ontario, dated 2011, as amended from time to time, and available to the public on a website maintained by the Government of Ontario. (“zone de semences”)
Application
 22. This Part applies with respect to impactful actions undertaken with respect to butternut trees whether, (a)  the results of the impactful actions are the main reason for undertaking those impactful actions; or (b)  the impactful actions are part of, or incidental to, a larger activity such as construction, landscaping, development or similar type of project. Categories of Trees and Prerequisites for Exemption
Categories of Trees and Prerequisites for Exemption
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Categories of butternut trees
 23. For the purposes of this Part , where a butternut health expert is required to assess the health of a butternut tree under this Part, the butternut health expert shall classify the butternut tree into one of the following three categories: 1.  Category 1 butternut tree — the butternut tree is affected by butternut canker to such an advanced degree that retaining the tree would not support the protection or recovery of butternut trees in the area in which the tree is located. 2.  Category 2 butternut tree — the butternut tree is not affected by butternut canker or the butternut tree is affected by butternut canker but the degree to which it is affected is not as advanced as a Category 1 butternut tree and retaining the tree could support the protection or recovery of butternut trees in the area in which the tree is located. 3.  Category 3 butternut tree — the butternut tree may be useful in determining sources of resistance to butternut canker.
Prerequisites
 24. (1) The exemptions from clause 9 (1) (a) of the Act provided in subsection 25 (1) apply only if, before any impactful actions are undertaken with respect to butternut trees, the person who is responsible for the impactful actions ensures that the following prerequisites are met: 1.  A butternut health expert must assess the health of the butternut trees in accordance with the practices and requirements set out in the Butternut Assessment Guidelines. 2.  The butternut health expert who assesses the health of the butternut trees under paragraph 1 must prepare a report with respect to the assessment in accordance with subsection (2) and submit the report to the person responsible for the impactful actions. 3.  The person who receives the butternut health expert’s report under paragraph 2 must, i.  provide a copy of the report to the Ministry; and ii.  if the report does not identify the butternut trees that are to be killed, harmed or taken by the impactful actions nor the reasons for doing so, provide that information to the Ministry. 4.  30 days must elapse after the day the butternut health expert’s report is provided to the Ministry, so as to allow the Ministry to make a request to examine the butternut trees. 5.  If a request to examine the butternut trees is made by the Ministry within 30 days after the day the butternut health expert’s report is provided to the Ministry, an opportunity must be given to an employee of the Ministry to enter the property on which the trees are located within those 30 days and examine the trees. (2) A butternut health expert’s report shall include the following information with respect to each butternut tree that will be impacted by the impactful actions a person proposes to undertake: 1.  The precise location of the butternut tree. 2.  The diameter of the stem of the butternut tree measured in accordance with the Butternut Assessment Guidelines and an indication of whether the stem of the tree is shorter than 1.37 metres. 3.  The classification of the butternut tree by the butternut health expert as a Category 1, 2 or 3 butternut tree. 4.  Whether the person proposing to undertake the impactful actions is proposing to kill, harm or take the butternut tree and the reason for that particular action, if known to the butternut health expert. Exemptions
General Conditions
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Notice of butternut impact
 27. A notice of butternut impact form referred to in paragraph 1 of section 26 shall set out, (a)  the date on which the impactful actions shall commence; (b)  the number of Category 2 butternut trees and of Category 3 butternut trees that will be killed, harmed or taken; (c)  for each Category 2 and Category 3 butternut tree that will be impacted by the impactful actions, whether the tree will be killed, harmed or taken; (d)  the location and tree identification number for each Category 2 and Category 3 butternut tree that will be impacted by the impactful actions; (e)  the diameter of the stem of each Category 2 and Category 3 butternut tree that will be impacted by the impactful actions, measured in accordance with the Butternut Assessment Guidelines; (f)  the reasons for undertaking the impactful actions with respect to butternut trees; and (g)  the date that the butternut health assessment was completed and the reference number of the butternut health expert’s report regarding the butternut trees that will be impacted by the impactful actions. Conditions to Minimize Adverse Effects
Conditions to Minimize Adverse Effects
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Mitigation plan
 28. (1) A butternut health expert shall prepare the mitigation plan required under paragraph 3 of section 26 before the day any impactful actions with respect to butternut trees are undertaken. (2) A mitigation plan shall set out, (a)  the name and contact information of the person proposing to undertake the impactful actions with respect to butternut trees; (b)  the date on which the proposed impactful actions will commence or, if the impactful actions are part of or incidental to a larger activity as described in clause 22 (b), the proposed start and completion dates of the activity; (c)  if the proposed impactful actions are part of or incidental to a larger activity as described in clause 22 (b), (i)  a description of the activity and its purpose, and (ii)  a description of all stages of the activity and a timeline for each stage; (d)  if the proposed impactful actions are not part of or incidental to a larger activity as described in clause 22 (b), (i)  a description of the proposed impactful actions, (ii)  a description of the timeline for carrying out the proposed impactful actions; (e)  the geographic location of the property on which the proposed impactful actions will be undertaken and a map indicating the locations and root harm prevention zones of all butternut trees within 25 metres of the area in which the proposed impactful actions will be undertaken, whether or not the trees will be impacted by the proposed impactful actions; (f)  detailed plans of the steps required under paragraph 5 of section 26, and of any other steps that the person proposing to undertake impactful actions must take to minimize or avoid adverse effects of the proposed impactful actions on butternut trees and their habitat; (g)  details of the steps the person proposing to undertake the impactful actions must take to monitor, i.  the effects of the impactful actions on butternut and the habitat of butternut, and ii.  the effectiveness of the steps referred to in clause (f) to minimize or avoid adverse effects of the impactful actions on butternut and the habitat of butternut; and (h)  a description of how information obtained from the Ministry and any reasonably available aboriginal traditional knowledge and community knowledge was considered in developing the mitigation plan and steps referred to in clauses (f) and (g).
Training
 29. For the purposes of subparagraph 5 i of section 26, the following information and training shall be given to any person, including employees, agents or contractors, who will be carrying out impactful actions with respect to butternut trees before the impactful actions commence: 1.  The locations of all butternut trees, and their root harm prevention zones, in the area in which the impactful actions will be undertaken. 2.  How to identify butternut trees at any stage of their growth. 3.  In cases where the impactful actions are part of or incidental to a larger activity as described in clause 22 (b), the potential threat that the activity poses to butternut trees and their habitat. 4.  The steps that must be taken under the mitigation plan and under section 33 to minimize or avoid adverse effects of the impactful actions on butternut trees and their habitat.
Permanent structures and infrastructure
 30. If impactful actions that are proposed with respect to butternut trees are part of or incidental to a larger activity as described in clause 22 (b) involving the construction of a structure or the installation of infrastructure, no permanent structure shall be constructed and no permanent infrastructure installed within 25 metres of a butternut tree that is to be retained unless, (a)  it is not possible to complete the activity without constructing a permanent structure or installing permanent infrastructure within 25 metres of the retained butternut tree; (b)  the person responsible for carrying out the activity submits to a manager of the branch of the Ministry that is responsible for species at risk a statement that, (i)  explains why it is not possible to complete the activity without constructing a permanent structure or installing permanent infrastructure within 25 metres of a retained butternut tree, and (ii)  includes a description of any reasonable alternatives to constructing a permanent structure or installing permanent infrastructure within 25 metres of the retained butternut tree that were considered; and (c)  a manager of the branch of the Ministry that is responsible for species at risk approves, in writing, the location of the permanent structure or infrastructure that will be constructed or installed within 25 metres of the retained butternut tree.
Pruning and trimming
 32. If, in a notice of butternut impact form, a person proposes to harm a Category 2 or 3 butternut tree by pruning or trimming the tree, the pruning and trimming shall be conducted by a butternut health expert in a manner that minimizes harm to the tree.
Conditions to Provide Overall Benefit to Butternut
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