As of Jan. 27, 2020, anyone within the City’s urban boundary will need to apply for a permit and on-site consultation to remove a tree.

By Pepper Parr

January 29th, 2020

BURLINGTON, ON

It took more than nine years but the city now has a private tree bylaw.

The property rights advocates went crazy when the idea first came forward. They put up some impressive arguments but the current city council was determined to have a bylaw to improve the size and health of the urban canopy.

A dream street – this is the look city council would like for the city – however the tree canopy is not his healthy.

As of Jan. 27, 2020, anyone within the City’s urban boundary will need to apply for a permit and on-site consultation to remove a tree greater than 20 cm in diameter (8”) measured at 1.4 m from the ground, or if you would like to remove more than five trees between 10 and 20 cm (4-8”) measured at 1.4 m from the ground in a calendar year. Heritage trees and endangered species are also protected.

Permits are also needed for any activity that may injure or damage a tree.

Council collectively saw this as taking exciting and important steps to battle climate change through preserving and growing the City’s tree canopy.

The permit application can be found online at burlington.ca/privatetree.

The Urban boundary is the line of small black squares.

A private tree task-force is being assembled with a goal of creating an incentive program for homeowners to plant trees on their private property. Details of the task-force and the incentive program are still being finalized and will be shared once ready.

To read the full bylaw, including information on permits, protected trees, exemptions and fines, visit Burlington.ca/PrivateTree.

When do I need a permit?
Property owners will need to apply for a Tree Removal Permit when removing:

• A tree greater than 20 cm diameter measured at 1.4 m from the ground
• More than five trees between 10 and 20 cm measured at 1.4 m from the ground
• Any size of tree that is a designated Heritage Tree*
• Any size of endangered, at risk, or threatened tree species*
• If the tree is dead**
• If the tree is diseased with no chance of recovery**
• If the tree is within 2 m of an occupied dwelling**
* Additional permits and regulations apply
**Permit is still required; fees and compensation are waived.

When do I not need a permit?

• Removing trees of less than 20 cm in diameter measured at 1.4 m above the ground (no more than four per year)
• Tree maintenance (pruning)
• For emergency work, such as utility repairs
• Trees at high-risk of injuring a person or damaging property
• If the tree is located in a nursery or orchard
• If the tree is an invasive species*

Replacement Trees
Trees that are injured or removed under the Tree Removal Permit will need to be replaced. The tree’s diameter, measured at 1.4 m above ground, as well as the overall condition rating will impact the total number of cm required to be replaced. Generally, one replacement tree is required for every 10 cm diameter removed. The on-site consultation will determine measurements and replacements.

If there is no room for the replacement trees to be planted on the property, there will be a charge of $400 per replacement tree. This money will be used toward the Private Tree Incentive Program where private homeowners will be encouraged to plant trees on their property.

Fees and Fines

• Tree Permit, Development Related Application: $680/property
• Tree Permit, Non-Development Related Application: $390/property
• Cash-in-Lieu of Replacement Compensation (Cash-in-Lieu): $400/tree
• Private Tree Bylaw fine: $680/tree

Public Information Sessions
Public information sessions are being planned to help educate residents and homeowners about the bylaw. When details are confirmed, information will be posted on burlington.ca/privatetree, on the City’s social media as well as other methods.

For more information, including the online application form, go to burlington.ca/privatetree.

For Mayor Marianne Meed Ward this was an essential piece of municipal legislation – she had a council that let her have it.

Mayor Marianne Meed Ward said: “This is a significant step for our City in protecting and growing our tree canopy. It’s taken us nine years to get here, and I’m pleased we have unanimous support for this bylaw. I’m proud of our Council, city staff and our citizens for putting in the hard work to make this bylaw a truly made-in Burlington model.”

Steve Robinson, Manager of Forestry had to both revise and defend the plan – it was not an easy task. Now he has to make it work.

Steve Robinson, Manager of Forestry added: “Increasing the City’s tree canopy will require a two-pronged approach: preserving the valuable resource that we have, and adding to it for future growth. This legislation will discourage tree removal by regulating the removal of healthy mature trees, and also provide incentives to homeowners to plant more trees. Once we have the incentive program finalized, we will share the information.”

Related news story.
Councillor Sharman’s take on the bylaw which he voted for.