The City Tree by-law sets rules for the planting, maintenance, protection and preservation of City trees in Brantford.

It applies to trees located on City property, including trees in parks, boulevards, natural areas, woodlots, highways and other public spaces. It also applies to boundary trees where a tree trunk grows on the line between City property and private property.

The goal of the by-law is to help protect City trees, support the City’s tree canopy goals, and prevent damage or unnecessary removal.

What is a City tree?

A City tree is a tree located on City property.

This includes trees on:

• boulevards
• parks
• natural areas
• woodlots
• highways
• other public lands controlled by the City

It also includes a boundary tree, which is a tree growing on the boundary between adjoining lands.

General rule

If a tree is on City property, you should assume you cannot touch it, remove it, prune it or plant around it without permission.

No person may, without City approval:

• injure a City tree
• remove a City tree
• damage, disturb or destroy a City tree
• prune, cut or treat a City tree
• alter a City tree in any way
• attach anything to a City tree
• apply harmful substances near a City tree
• set fire near a City tree
• climb a City tree
• remove fallen wood or woody debris from a natural area
• plant a tree on City property

The City may plant, maintain, prune or remove trees

The City has the authority to:

• plant trees on City property
• maintain and care for City trees
• prune or remove City trees
• remove things that are harming City trees
• review requests to remove a City tree
• approve or deny requests for removal
• require replacement trees or payment where a tree is damaged or removed

The City may also prune branches from a tree on private property if those branches extend over City property or the public right of way and create an unsafe condition.

Construction and work near City trees

If work is being done near a City tree, steps must be taken to protect it.

Anyone doing work that could affect a City tree must:

• notify the City before work begins
• install and maintain temporary fencing around affected trees
• avoid storing fill, soil, equipment, materials or vehicles near the tree
• avoid excavation or grading that could damage the tree or its roots
• notify the City before pruning any City tree branches
• get approval before removing any City tree

Special care is required for trees in boulevards and behind sidewalks.

Damage to City trees

A tree can be injured or destroyed in many ways, including by:

• cutting roots or branches
• removing bark
• changing the grade around the tree
• compacting soil in the root area
• storing materials in the tree protection zone
• interfering with water supply
• applying chemicals
• damage caused by construction, excavation or driveway work

If a City tree is removed, injured or destroyed, the person responsible may have to pay:

• the tree replacement value, and
• the cost of removal and replacement

These costs are set out in the [City’s Fees and Charges By-law].

Trees the City may remove and replace

The by-law allows the City to remove and replace certain species when appropriate, including:

• poplar
• willow
• Manitoba maple
• fruiting apple
• ornamental and fruiting cherry
• fruiting pear
• Chinese elm
• ash species

Planting trees on City property

No one may plant a tree on City property without prior City approval, unless it is part of a City-led public tree planting program.

If a tree is planted on City property (even without permission) it becomes a City tree and is subject to this by-law.

Where feasible, the City will prioritize planting native species.

Penalties

Anyone who contravenes the by-law may face fines.

Fines range between a minimum of $500 and a maximum of $100,000.

Where there are multiple offences, separate fines may also apply.

Before doing work near a City tree

Before starting any work near a boulevard tree or other City tree, make sure you:

• confirm whether the tree is on City property
• contact the City before digging, grading, pruning or removing anything near the tree
• protect the tree with fencing if construction is happening nearby
• do not store materials or equipment in the root area

Questions?

Please contact us at 519-759-4150 for more information about City trees, tree protection, removal requests or work near a boulevard tree.