Trees were cut down at a riparian area near a housing development in the Trout Creek neighbourhood in Summerland.

Two residents noticed the trees had been removed in late April.

David Gregory said at least 40 trees were cut down inside a protected fish habitat at the north part of Trout Creek. 

He added that in 2006, landowners signed a restrictive covenant, stating the landowners were responsible for maintaining the riparian covenant area.

乌鸦传媒淐ontinual loss of plants wasn乌鸦传媒檛 part of the covenant,乌鸦传媒� he said. 乌鸦传媒淎nd, by coincidence,  the cut trees appear to have improved the lake views of the homes.乌鸦传媒�

Frank Martens also noticed the cut trees in the area. He said the trees should have been protected by the covenant with the federal Department of Fisheries and Oceans.

Graham Statt, chief administrative officer with the municipality of Summerland, said some of the tree cutting was approved by a biologist and involved removing non-native species. However, other trees were felled illegally. 

Martens questions why the trees were considered invasive or non-native, as they have been growing longer than most people have lived in the area.

Gregory added that the removal of plants in the area has been happening for many years.

乌鸦传媒淔or 19 years, there has been a steady, continual removal of vegetation along the foreshore,乌鸦传媒� he said. 乌鸦传媒淭hese landowners have apparently redefined the meaning of fish habitat.乌鸦传媒�

The area where the trees were removed is land that was once an orchard owned by the Gartrell family, on land that extended to the lake. 

To sell the land, Summerland agreed to residential buildings with the agreement to create fish habitat and a walking trail.

Statt said a replanting program is in place when trees are removed from this covenant area. For every tree removed, whether a non-native species or an illegally cut native species, two trees must be planted.

Penalties can be imposed for removing trees. Under the province乌鸦传媒檚 local government act, tickets of up to $3,000 can be imposed.

However, Statt said the municipality can choose to go to long-form enforcement, a process with much higher penalties. Under long-form enforcement, using Offence Act Prosecution, the penalty can be up to $50,000. 

This could be a fine per incident or per tree removed, Statt said.