The city of Hudson, Que., says the landowner was within his rights when a number of trees were cut down to make way for a future private housing project even though it happened during migratory bird nesting season.
During the first week of May, a section of wooded area was cleared near the popular Sandy Beach area waterfront.
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In Monday’s city council meeting, residents raised concern about the timing and legality of the tree felling as it was done during the migratory birds’ nesting season.
Migratory birds are protected under federal law.
Nesting, according to the government, can start as early as mid-March and can extend until late August depending on the species.
Inspections and permits are needed before any project is green-lit, so as to make sure the animals are not harmed or disturbed.
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“By all means, we need to protect those birds, the federal law has agents that are empowered to enforce that act,” Hudson Director General Philip Toone said.
“The town is there to support its homeowners and it’s there to support the environment,” Toone said.
While acknowledging trees are natural habitat for birds, Toone said it is possible that no birds were harmed in the process.
“The federal act protects birds, not trees,” Toone said, noting that the lot clearing was done with city approval.
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City council is expected to table a municipal bylaw in the coming weeks that would protect trees Toone said.
Part of the migratory bird act will be used in this legislation.
As the bylaw has not been ratified the city said it could not issue any fines for the lot clearing.
“We will act as the law is required and we will act for the benefit of our residents.”