Most municipalities in the GTA either have a public and private tree by-law or are looking at implementing a tree by-law. Why is speaking to an arborist a good first step? We have been providing arborist reports required by the by-laws for years. Over that time, we have seen many instances where building designs have been created and, due to the by-laws, changes have to be made after the fact. This costs time and money, and creates unnecessary delays in the building process. In other cases, mature trees had to be removed when a work around could have been put in place that would have saved the tree. Many people think that removing a tree is not a big deal, but mature trees’ benefits far outweigh any newly planted tree, and once lost, can never be fully replaced. Tree by-laws also include protection zones around trees, and if not considered are another factor that can increase costs and times for many developers, builders, pool installers, etc.
What Are Tree By-Laws?
Tree by-laws are local regulations set by municipalities to protect trees and manage urban forests. They apply to various activities involving trees, including planting, pruning, and removal. By-laws help preserve mature trees, protect natural landscapes, and maintain the ecological balance of urban and suburban areas.
Each municipality may have unique by-laws and requirements, so it’s essential to check with your local municipality before performing any work on your trees. Non-compliance with these by-laws can result in fines and other penalties.
Why Do Tree By-Laws Matter?
Tree by-laws are in place to protect the urban tree canopy, prevent unnecessary tree removal, and ensure the health of the environment. Trees offer numerous benefits to communities; tree by-laws ensure that these benefits are maintained by preventing the removal of mature trees without good reason and encouraging responsible tree care.
Key Aspects of Tree By-Laws in Southern Ontario
Tree by-laws vary across municipalities, but there are some common features you’ll find in many Southern Ontario communities:
- Permits for Tree Removal: In many areas, property owners need a permit to remove trees above a certain size or of a certain species. This is particularly true for mature or heritage trees. The size threshold may vary by municipality, but it’s generally around 15 to 20 cm when measured at 1.4 m above ground, a point of measure known as diameter at breast height (DBH). This permit process often includes an application fee and an inspection by a city arborist to assess the health and importance of the tree.
- Tree Protection Zones: Some municipalities establish Tree Protection Zones (TPZs) to protect trees during construction or landscaping projects. TPZs set limits on activities that can take place around a tree’s root zone to prevent soil compaction, root damage, or other stresses that could harm the tree’s health.
- Replacement Requirements: If a tree removal permit is granted, municipalities often require property owners to plant replacement trees. The number and size of replacement trees may vary, but this policy helps maintain the local canopy by replacing trees lost to development or age.
- Heritage Tree Protection: Certain trees, known as heritage trees, are recognized for their cultural, historical, or ecological significance. These trees receive special protection, and removal is usually restricted except under specific conditions.
- Penalties for Non-Compliance: Removing or damaging trees without the required permits can result in significant fines. Some municipalities may also require offenders to plant additional trees as compensation for unauthorized removals.
- Special Provisions for Ash Trees: Due to the impact of the emerald ash borer, some municipalities have specific guidelines for the removal of ash trees. Many towns and cities offer ash removal exemptions to help manage this invasive species’ spread.
Examples of Tree By-Laws in Southern Ontario
Here are a few examples of tree by-laws from municipalities across Southern Ontario:
- Toronto: In Toronto, a permit is required to remove any tree with a DBH of 30 cm or more on private property. The city also has strict requirements for protecting trees during construction projects and offers incentives for planting native species.
- Mississauga: Mississauga requires a permit for removing any tree over 15 cm in DBH on private properties. The city also has a Heritage Tree Program, where certain trees are protected based on their historical or cultural significance.
- Oakville: Oakville has a comprehensive private tree protection by-law that requires permits for removing trees with a DBH of 15 cm or greater. Oakville is known for its extensive tree canopy and takes measures to preserve trees on both private and public properties.
- Hamilton: Hamilton’s by-laws require permits for removing any tree over 15 cm DBH. In certain situations, a tree protection plan must also be submitted if construction is taking place nearby.
How to Comply with Tree By-Laws
- Check Local By-Laws Before Starting Any Tree Work: Reach out to your municipality or check its website for tree by-law details. Each area has its own guidelines, so it’s important to understand specific requirements for your location.
- Hire a Certified Arborist: A certified arborist understands the intricacies of local by-laws and can assist with obtaining necessary permits. Arborists are also trained to conduct tree inspections and assessments, ensuring that work is performed safely and responsibly.
- Plan Tree Work in Advance: Permit applications can take time, especially if inspections or replacement trees are involved. Plan your projects in advance to avoid delays.
- Consider the Environmental Impact: Think about the long-term impact of tree removal or construction on your property’s greenery. If you must remove a tree, consider planting replacements and choosing native species that support the local ecosystem.
Tree by-laws in Southern Ontario play a crucial role in protecting the region’s urban tree canopy and ensuring sustainable growth in our communities. By understanding these regulations and working with certified professionals, homeowners and property managers can contribute to a greener, healthier landscape for future generations. Whether you’re planning a project, facing storm damage, or simply want to care for your property’s trees, staying informed about tree by-laws helps protect not only individual trees but the entire urban forest. At Maple Hill Tree Services, we have extensive experience with municipal by-laws, if you are planning any development, don’t hesitate to contact us.
