It's not clear how many trees if any the minister responsible for forestry had cut down on Crown land without a permit.

Lyle Henderson of the Yukon's lands branch said today an investigation into the matter of unpermitted work involving Archie and Karen Lang cannot be concluded until spring, when the snow cover has gone.

'We have not finalized that yet,' Henderson said in an interview, when asked how many trees were removed from Crown land adjacent to Lang's riverfront property on the Fox Farm Road.

'And we will know more of that information from the spring follow-up.'

Henderson said the matter came to the lands branch which Lang is responsible for as minister of Energy, Mines and Resources after a complaint was forwarded to the Department of Environment.

The Dec. 5 complaint regarded a private contractor dumping 'organic material' in the area of a beaver pond along an access road on the west side of the Alaska Highway, opposite the McRae subdivision, Henderson explained.

He said officers with Environment's water resources division investigated the complaint. They had the contractor remove the material with instructions to place it either on private property or the Whitehorse landfill.

As part of investigation by water resources, the officers determined the material had been removed from the lot belonging to Archie and Karen Lang and the Yukon government-owned lot next door.

Because the matter involved a government-owned property, water resources turned the matter over to the lands branch, Henderson explained.

He said as the result of the investigation by the lands branch, it was determined that material was removed from Lang's property and the adjacent lot, though no permit was issued for work on the Crown land. The properties are located along the Yukon River, behind the Meadow Lakes Golf Course.

Henderson said the area affected on the government-owned lot was approximately .16 of a hectare (.4 of an acre).

Lang agreed early this afternoon that technically he and his wife did need a permit for removing the trees in the area, though he wasn't about to put himself in leg irons for what was an oversight.

He and his wife were Firesmarting their property by removing a bunch of dead trees. The tree cutters, following the instructions to remove the dead trees in the area, went onto the Crown land mistakenly, but innocently, and removed about 10 or 12 dead trees.

The whole area, said Lang, is better for it.

'Anybody would have looked at that forest and had some concerns,' he said.

As the minister, said Lang, he has to face the matter, though it's too bad his wife has to go through it, given there was no capital crime committed.

And Karen has met with the lands branch, and has agreed to do whatever remedial work the government deems necessary, planting trees or whatever, he pointed out.

Henderson said when trees are removed from Crown land for fuel wood or other commercial purposes, a permit is required from the lands branch. When trees are removed for other reasons, such as for aesthetic or safety reasons, a permit is required from the city, Henderson noted.

He said the city has been apprised of the situation.

Bylaw officer Dave Pruden, the senior constable, said this morning the matter has not yet reached the bylaw department. Permits for removing trees are free, but they are required, Pruden emphasized.

Henderson explained that when there is a case involving individuals dumping material, such as that being dumped by the contractor working for the Langs, the matter is typically turned over to the city, as it is a contravention of a city bylaw.

In this case, however, it was felt that because some of the material came from property surveyed and titled to the Yukon government, the city would not have jurisdiction if it went to a legal battle, he said. Therefore, Henderson added, it was decided the matter of illegal dumping by the contractor would remain within the domain of the Yukon government.

What separates this matter from standard Crown land is that this property has actually been surveyed and titled.

Whether the Langs required a permit from the minister's department for the level of clearing conducted cannot be determined until the spring follow up investigation, Henderson emphasized.

He said he could not say if any live trees were removed from the property adjacent to the Langs', and, if so, how many.

Whether the activity on the Crown land required a city permit is a matter for the city to decide, he said.

As a course of action, the lands branch has instructed its minister that he and Karen will be required to complete whatever remediation work is required, to be determined once the spring follow-up investigation is complete, he said.

It was also determined in the investigation by the lands branch that a boat house and floating dock between the Langs' property and the river inside the 30-metre high water buffer was never permitted. The boat house and dock, Henderson explained, were in existence when the Langs purchase the property in 2001, but it's not clear who put them there.

A look of historical aerial photos has determined the boat house and dock were put in place between 1985 and 1995, he said.

Henderson said the Langs have applied for the necessary approvals for the boat house and dock, and residents in the area of the Fox Farm Road have been notified and advised they have until the end of January to comment. The city has also been notified.