Jasper town council has proposed a bylaw amendment which could require homeowners to pay for damages to their home sewer lines, even if the damage is caused by trees that exist on land not owned by the homeowner.

The changes to Bylaw #014, Sewage and Drainage, were given first reading at Jasper’s June 8 sitting of council. In a unanimous vote, it passed and will be passing through several more stages of debate before the decision to implement it or not will be made. It appears likely to be changed as during the June 23 session of council, it was sent back to town staff during second reading for several changes. The extent of those changes, however, is not known.

The proposed bylaw suggests the lessee of a piece of property will at his expense “remove any blockages with such private service pipe and the service pipe caused by matter released from the property or by the roots of trees whatever the origin of such roots.”

Whether the land is owned by Parks Canada or any other source in the area, the service pipe property owner will be responsible for unblocking the lines from the home to the sewage main. 

The decision to make the changes appears to be motivated by several incidents in Jasper where blocked pipes raised something of a commotion.

“In recent years, the municipality has several times taken after-the-fact responsibility for “service pipe” repairs when lessees or their trades peoples had proceeded with removal of a blockage. The municipality has found itself responsible for the cost of work it has not authorized and has no means of verifying,” stated a council memo on the matter. 

“Secondarily, there have been instances since 2002 in which the source of tree roots entering and blocking lines has become a topic of considerable debate as it can be difficult to determine the source of roots if several trees are in the vicinity,” continues the town memo. “It can be equally difficult to address assertions by lessees that, wherever the roots came from, they weren’t from the lessee’s tree.”

Blocked pipes can be a problem in Jasper where many homes are using pipes that were laid into the ground many decades ago. The cost of digging up the ground to repair or replace pipes can easily range into the thousands and tens of thousands of dollars.

The decision to change the bylaw has raised the hackles of some local Jasper residents. Several have called the decision unfair, stating that if you’re not responsible for the tree causing the damage, you should not have to pay for it. Some said that the reason that people pay taxes and usage fees is so that when problems like blocked sewages lines crop up, the town can step in.

Mayor Ireland said of the blocked sewage line problem, “Stuff goes down there that doesn’t belong there, and then the ratepayers gets stuck with the bill.” He called this problem unfair, although he conceded that the tree root problem was another matter entirely.