Private Tree By-law

The Private Tree By-law helps protect trees in the parts of the city where they matter most environmentally, such as larger woodlots, natural areas and certain protected species on private property. If a tree in one of these areas is to be removed or damaged, a permit or replacement trees may also be required.

Before removing a tree on private property

Before removing or heavily pruning a tree, ask:

• Is the tree in a woodlot that is 1 acre (0.4 hectares) or larger?
• Is it in a Core Natural Area?
• Could it be a protected species?
• Is it a boundary tree?
•  Is the property part of a pending subdivision or condominium application?

If the answer may be yes to any of these, contact the City before doing any work.

Core Natural Areas

The Official Plan defines Core Natural Areas as natural heritage features and areas, or other lands, where development and site alteration is generally prohibited because of their environmental significance and ecological function.

When a permit is required

Unless an exemption applies, a permit is required before a person injures or destroys:

• a tree of any size in a protected woodlot;
• a tree of any size in a Core Natural Area;
• a protected tree species listed in Schedule C; or
• a tree on certain development lands described in the by-law.

Tree injury

Tree injury includes things like damaging roots, improper pruning, excavation in the root zone, soil compaction, poisoning, or other actions that could impair the tree or cause it to die.

Critical root zone

The critical root zone is the protected area around a tree’s trunk. Under the by-law, it is measured as a radius of 10 centimetres for every 1 centimetre of trunk diameter, measured from ground level.

That means damage to roots, even if the tree is left standing, can still count as injuring the tree under the by-law.

Common exemptions

The by-law includes several exemptions. Some of the most common are:

• proper pruning that is necessary to maintain the health and condition of the tree and is done in accordance with good arboricultural practices;
• work directed by Emergency Services;
• certain utility work;
• trees confirmed by an arborist to be infested with Emerald Ash Borer or another invasive species;
• trees that are noxious weeds; and
• trees in a building, solarium, rooftop garden or interior courtyard.

If you are unsure whether an exemption applies, it is safest to contact the City before doing any work.

Boundary trees

A boundary tree is a tree with any part of its trunk located on the property line between adjoining lands. If a boundary tree is covered by this by-law, all owners of the boundary tree or their authorized agents must apply for the permit, or a permit will not be issued.

If one side of the boundary is a City-owned boulevard, this by-law does not apply; in that case, the City Tree By-law applies instead.

Applying for a permit

A permit application must include detailed information, including:

• owner and property information;
• owner authorization if someone else is applying on the owner’s behalf;
• an arborist report; and
• a tree protection plan.

The arborist report must include information such as the tree’s species, size, condition, the reason removal or injury is proposed, possible alternatives, and the number of replacement trees required.

The City may also ask for more information, such as site drawings, development details, dates of proposed work, or supporting affidavits.

If the application is not completed within 12 months, it may be considered abandoned.

Examples of acceptable reasons for a permit to be issued include:

• the tree is unsafe, based on an arborist’s opinion;
• the tree is causing or likely to cause structural damage to a load-bearing or roof structure, based on a qualified engineer’s opinion;
• tree removal is needed to remediate contaminated soil;
• tree removal is needed for certain utilities or infrastructure related to a building permit where there is no reasonable alternative; or
• tree removal is required for work authorized by a building permit.

When may a permit be refused?

The City may refuse a permit for several reasons, including if:

• the tree is an endangered or threatened species;
• the tree is designated under the Ontario Heritage Act;
• migratory birds or nests are present;
• the tree is ecologically significant;
• the application contains false, incomplete or outdated information; or
• the applicant fails to provide requested information or access to the site.

Replacement tree requirements

If a permit is approved, replacement trees are generally required. The number of replacement trees is based on the tree’s diameter at breast height (DBH).

Replacement ratios

• 0–30 cm DBH: 3 replacement trees
• 31–40 cm DBH: 4 replacement trees
• 41–50 cm DBH: 5 replacement trees
• 51–60 cm DBH: 6 replacement trees
• 61–70 cm DBH: 7 replacement trees
• 71–80 cm DBH: 8 replacement trees
• 81–90 cm DBH: 9 replacement trees
• 91 cm DBH and over: 10 replacement trees

If there is not enough room to plant all required replacement trees on the same property, the owner may be required to contribute to the City’s Tree Replacement Fund for the trees that cannot be planted on site.

Inspections, orders and enforcement

The City may inspect a property for compliance with the by-law, and no person may hinder or obstruct the City or a By-law Enforcement Officer carrying out duties under the by-law.

If there is a contravention, the City may issue:

• a stop work order, requiring the activity to stop immediately; or
• a work order, requiring corrective action, which may include a tree replacement plan.

Penalties

A person who contravenes the by-law may face:

• a minimum fine of $500;
• a maximum fine of $100,000; and
• in some cases, a special fine of up to $200,000 to remove any economic benefit gained from the contravention.

Failing to comply with a stop work order or work order is a continuing offence, and additional daily fines may apply.

Questions?

Please contact us at 519-759-4150 for more information about trees on private property, tree protection, or removal requests.