planting next to a swale - bylaw - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

stampsx2 · 06-28-2016, 10:24 AM

I hate to make a thread for this but I'm going to do it anyway because I could really use some help. I think I'm allowed one "meh" thread every six months.

Does anyone know the city of calgary bylaw regarding planting next to swales? From the picture below I'm unclear if I can plant the trunk of a tree 1.2 meters from the center of the swale or should the edge of the tree not encroach into the area 1.2 meters from the center of the swale?

Any help is really appreciated. I called 311 but they won't get back to you for up to four weeks. The reason I don't just plant further away and be done with it is because it's a waste of space and the shadowing effect on the tree.

https://www.calgary.ca/UEP/Water/Doc...f?noredirect=1

rohara66 · 06-28-2016, 10:32 AM

The way that reads you cannot plant within 1.2m on either side.

With that said I'd plant where ever I felt like it, people plant within that area all the time.

OMG!WTF! · 06-28-2016, 10:35 AM

It looks to me like the edge of the tree to the center of the swale must be 1.2 meters. The total clearance is 2.4. That said, any roots interfering with the concrete or drainage would be your responsibility to fix. So it might just he better to back off a little and also pick the right tree. I don't see the city coming out to measure unless there is a problem.

Ace · 06-28-2016, 10:36 AM

Actually the picture shows the total "surface drainage facility" as 2.4 meters, which tends to imply it's 1.2 from the centre.

Madman · 06-28-2016, 10:37 AM

It's a measurement of things in the ground, not overhang from things above it.

You are responsible for keeping the swale clear though, so keep that in mind when choosing what you're planting.

Northendzone · 06-28-2016, 10:41 AM

I have a swale that runs across the length of my back yard.

I along with several neighbors have built a fence parallel with the swale and the fence is within the 1.2 m encroachment area. I also have trees planted with the area as well.

I had no idea this area exsisted and I just built along my property line like the rest of the crowd - I also have no idea if the city knows about this or not, but I am prepared to let sleeping dogs lie.

did you try calling the city building department - I would think they could give you some guidance right ont he phone.

PsYcNeT · 06-28-2016, 10:41 AM

Yep. 1.2m for the "structure" from the centre of the swale.

As noted above, much like any other non-privately owned facility (swale, ROW, gas lines, etc.), if your infrastructure (tree roots, sheds, deck, etc.) interferes with or damages the facility, the owner is within their right to remove/destroy it.

stampsx2 · 06-28-2016, 11:08 AM

The problem with just doing whatever you want is that when it's time to sell the house you need a real property report. The rpr checks for anything you built outside of the city of Calgary bylaws. Makes it a headache to sell the house.

stampsx2 · 06-28-2016, 11:10 AM

Quote:

Originally Posted by rohara66

The way that reads you cannot plant within 1.2m on either side.

With that said I'd plant where ever I felt like it, people plant within that area all the time.

Backing off four or five feet is a lot with the size of properties the city allows.

CroFlames · 06-28-2016, 11:27 AM

My question is why is the property line fence exempt from the 1.2m rule?

Angelamc · 06-28-2016, 12:02 PM

Swale or no swale I wouldn't recommend planting a tree that close to your fence anyhow, the tree needs room to grow up and out.

MacDaddy77 · 06-28-2016, 12:24 PM

i planted columnar aspens all along the swale about 8" inside the edge. I'm not giving up 3-4' of yard because of a city bylaw. just dig the base of the tree below the swale so the roots wont grow into it.\

As others mentioned, if there ever is an issue it will be removed at your cost. I was prepared to accept that risk, make sure you are before planting.

Rhettzky · 06-28-2016, 01:28 PM

Quote:

Originally Posted by stampsx2

I hate to make a thread for this but I'm going to do it anyway because I could really use some help. I think I'm allowed one "meh" thread every six months.

Does anyone know the city of calgary bylaw regarding planting next to swales? From the picture below I'm unclear if I can plant the trunk of a tree 1.2 meters from the center of the swale or should the edge of the tree not encroach into the area 1.2 meters from the center of the swale?

Any help is really appreciated. I called 311 but they won't get back to you for up to four weeks. The reason I don't just plant further away and be done with it is because it's a waste of space and the shadowing effect on the tree.

Do you know what the width of the Overland Drainage Right-of-way (ODR) on your lot is? The image you provided from the lot drainage bylaw is for the current standard which provides a 1.8m wide ODR on the lot the swale is located within, and a 0.6m wide ODR on the adjacent lot.

Before that standard the ODR was evenly split at 1.2m on each property regardless of swale location. So you can check and see but the ODR may not be as it is shown in that image. If you tell me the area you live in I can probably check for you, but it would also be on your RPR.

SportsJunky · 06-28-2016, 03:44 PM

10 internet points to the first poster that gets this reference.

Huntingwhale · 06-28-2016, 05:41 PM

I got it!

stampsx2 · 06-28-2016, 06:12 PM

It sounds to me like this is one of those bylaws that's only enforced if someone complains like kids playing street hockey, fences over six feet or someone washing their muddy car in the driveway.

When I spoke to bylaw they weren't too sure about it and would have to do more research. Not a common concern I guess. With that said, as I look outside, every second property is in violation of this bylaw, trees, garage pads, structures.

pope04 · 06-28-2016, 06:53 PM

Virgin Connie Swail?

puffnstuff · 06-28-2016, 07:19 PM

Anecdote time! Guy across the street from me just sold his house. Got the Property Report done and the new owners insisted it be compliant. He had a ton of mature plantings next to the swale and inbetween the swale and the fence (theres nearly three feet between the edge of the swale and the fence, its weird, but the fence is on the property line, i think the swale got put in wrong) Anyways after they insisted on compliance, him and I and three other neighbours spent a day digging all these plants up and replanting them split amongst our houses.
My backyard looks beautiful now. His not so much. The new people are getting a blank slate.

Ducay · 06-28-2016, 07:42 PM

What kind of real property report lists all the trees and shrubs? That would be some highly irregular report, and I don't think the city would even comment or look at plantings to give the stamp. Most RoWs or easements mention plantings, but I've never heard it come up in an RPR, hell, the city doesn't even comment on unattached buildings smaller than 100 square feet on RPRs, let alone an aspen or bush.

Ryan Coke · 06-28-2016, 11:10 PM

Just be aware of the potential downside risk. I had a professional landscape design and a landscaper do my previous house with a swale, and did it in violation of the right of way.

If for any reason a guy from the city comes out (complaint, whether it is directly related or not) and realizes you are in violation then you get to rip things up. I ended up having to spend several days ripping up the work and redoing it, else I was going to get a big bill from the city (for them to do the work and a fine). Friggen sucked.