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A large part of Toronto's urban forest grows on private property.
Private trees are an important part of the urban forest that is
nurtured and protected by Urban Forestry. In some cases, trees on
private property are protected and regulated under the provisions
of municipal by-laws.
Urban Forestry encourages property owners to work with us to keep
Torontos trees healthy and to protect healthy trees on private
property that are not subject to the provisions of municipal by-laws.
Private
Tree By-law
The Private
Tree By-law was adopted to preserve significant trees on private
property in the City of Toronto, to assist in sustaining the urban
forest in the City and to educate individuals with respect to tree
protection measures and alternatives to tree injury and destruction.
This by-law is formally known as City of Toronto Municipal Code,
Chapter 813, Article III, 'Private Tree Protection,' and is commonly
referred to as the City's "Private Tree By-law". This
by-law regulates injury or removal of privately owned trees which
measure 30 cm in diameter or more as measured at 1.4 m above ground
level.
Contact
Information
If
you have a general inquiry about the Private Tree By-law or the
application process, or if you would like to report a suspected
illegal tree removal, please contact Urban Forestry at (416)
338-TREE (8733). Our telephone hours are Monday to Friday, 8:30
a.m. to 4:00 p.m.
If you would
like to report a suspected illegal tree removal in progress after
regular business hours, please call (416) 338-9999.
How to
Measure a Tree's Diameter
The
Private Tree By-law protects trees on private property that are
30 cm (12 inches) or more in diameter at 1.4 m (4 ½ feet)
above ground level.
To
quickly estimate a trees diameter, hold a 30 cm (12 inch)
ruler up to the tree at 1.4 m (4 ½ feet) above ground level
(this is an average persons shoulder height). If the tree
is well undersized or well oversized, then this method will do to
determine whether or not the tree is protected by the private
tree by-law.

If
it is greater than 30 cm (12 inches) wide, read on! If its
undersized, you dont need the Citys permission to injure
or destroy the tree. If the measurement is close to 30 cm (12
inches) wide, then follow the steps below to get an accurate measurement
to see whether or not the tree is protected. Youll also
need to measure the exact diameter of the tree if youre
doing construction in order to determine the required tree
protection zone that youll have to protect.
Quick
tips for measuring your tree:
-
A
tree with a diameter (width) of 30 cm (12 inches) has a circumference
(distance around the trunk, like measuring your waist) of 94.2
cm (37 inches).
-
The
diameter/circumference must be measured at 1.4 m (4 ½
feet) above ground level (approximately shoulder height).
- Measure the
circumference (like measuring your waist) of the tree at 1.4 m
(4 ½ feet) above the ground (This is an average persons
shoulder height.)
- Use a calculator
to divide the number by pi (3.1416). This will give you the diameter.
The diameter is the width of the tree trunk, just like the width
of a pizza, or of a 12- inch ruler.
For a multi-stemmed
tree, see Q11 below.
Information
about Permits to Injure or Destroy Trees
If you require
a permit to remove or injure a protected tree, you must complete
and submit an Application
to Injure or Destroy Trees and the required fee and supplementary
documents to the appropriate district office, as shown below. An
arborist report is required for all Applications to Injure or Destroy
Trees. You can find professional tree service companies, that can
prepare an arborist report, by checking the Yellow
Pages or similar business directories such as The
Gold Book. An internet search using keyphrases such as "tree
service companies Toronto" should provide listings as well.
Arborists are certified with the
International Society of Arboriculture (I.S.A.) or registered with
the American Society of Consulting Arborists (A.S.C.A.). You may mail,
courier, or hand-deliver the completed application package to the
appropriate district office as shown below.
- Etobicoke
York District: 441 Kipling Avenue, M8Z 5E7
- Scarborough
District: 70 Nashdene Rd, M1V 2V2
- North
York District: 5100 Yonge St, 3rd Floor, M2N 5V7
- Toronto
and East York District: 50 Booth Ave, M4M 2M2
The Private
Tree By-law does not apply to the ravine and natural feature portion of properties regulated
under the provisions of Municipal Code, Chapter 658 (the Ravine
and Natural Feature Protection By-law). You must submit a Ravine and Natural Feature Protection Permit
Application to injure or destroy any vegetation in the ravine and natural feature
area. For more information, please see the Ravine and Natural Feature
section of our website.
Permit Exemption
A permit is
not required if a tree is confirmed by Urban Forestry staff to be:
- 100%
dead
- Imminently
hazardous: a destabilized or structurally compromised tree
that is in imminent danger of causing damage to property or injury
to life.
- Terminally
diseased Please note: There are various diseases that
affect trees, however not all diseases will lead to the death
of a tree. The intent of the by-law is to exempt those trees that
are terminally diseased in order to expedite removal to minimize
risk to other trees and/or injury to persons or property. A permit
is required for trees that are in poor condition.
The Private Tree By-law was adopted to preserve significant trees
on private property in the City of Toronto, to assist in sustaining
the urban forest in the City and to educate individuals with respect
to tree protection measures and alternatives to tree injury and
destruction. The permit process is designed to help increase our
city's canopy cover from its current 17% to 30-40%. Permits to destroy
trees are issued conditional upon planting replacement trees. Permit
exemptions do not require a replanting plan, fee or application
form. Although the replanting of trees is not a condition of the
exemption, we encourage property owners to plant a new tree on the
property to replace the one being removed.
The quickest
and easiest way to receive exemption confirmation is to submit an
arborist report and digital photographs of the subject tree via
email to the appropriate Tree Protection and Plan Review District
office:
Please put your
address (e.g. 123 Main St) as the subject heading of your email
to expedite processing. Alternatively, you may mail or drop off
in person your arborist report and photos to the appropriate district
office. If you do not have access to email or a digital camera,
you may fax a detailed arborist report to the appropriate District
Offices:
- Etobicoke
York District Fax: (416) 394-5406
- Scarborough
District Fax: (416) 396-4248
- North
York District Fax: (416) 395-7886
- Toronto
and East York District Fax: (416) 392-7277
You must receive
confirmation from Urban Forestry before proceeding with the removal
of the tree, unless immediate tree work is required to eliminate
a dangerous situation. If Urban Forestry determines that a tree
does not qualify for exemption, you will need to submit a complete
permit application.
Questions
& Answers about the Private Tree By-law :
Q1: What
is the benefit of the city-wide Private Tree By-law?
A1: The intent
of the city-wide Private Tree By-law is to protect trees situated
on private property from being damaged or cut-down unnecessarily
and to ensure the on-going health and well-being of the city's urban
forest. Additionally, the Private Tree By-law provides a standardized
and equitable approach to protecting the city's urban forest while
helping to increase awareness of the environmental, aesthetic and
economic benefits of trees. Additionally, the Private Tree By-law
directly supports the City's Official Plan, which recognizes the
important contribution of trees to the quality of life in Toronto.
Q2: How can
I report or complain about someone cutting down a tree or trees
on private property?
A2: Between
8:30 - 4:00 Monday to Friday, you can call (416) 338-TREE (8733)
to complain about someone cutting down or injuring a tree on private
property. After regular business hours, please call (416) 338-9999.
Forestry staff has been designated the authority to enter private
property if they suspect that trees are being cut down or harmed
illegally and to issue a stop work order under the provisions of
the City of Toronto Act..
Q3: What
trees are covered by the Private Tree By-law?
A3: The Private
Tree By-law protects all species of trees with a diameter of 30
centimetres (12 inches) or greater measured at 1.4 metres (4 ½
feet) above the ground. It applies to trees on all land use types
including, single family residential.
Q4: Does
this mean that I cannot cut down a tree on my own property?
A4: No, but
it does mean that you must make application to injure or remove
a tree on your property that is covered by the private tree by-law
and receive a permit to do so. A tree that is dead, terminally diseased
or imminently hazardous does not require a permit. See "Permit
Exemption" section above for details regarding how to receive
confirmation of exemption from Urban Forestry.
Q5: Does
the By-law apply to all species of trees?
A5: Yes.
Q6: Does
the By-law apply to all types of land-use?
A6: Yes, it
applies to trees on all land use types including single family residential.
It does not apply to areas designated under the Ravine and Natural Feature
Protection by-law.
Q7: Is there
a permit application fee involved?
A7: Yes. The
permit fee for non-construction related applications is $100/tree.
The permit fee for proposed construction related applications is
$300/tree. Construction related applications are defined as: Applications
to Injure or remove trees associated with activity that includes
but is not limited to building, demolition, excavation, boring,
placement of fill or surface treatment, storage of construction
materials or equipment, storage of soil, construction waste or debris,
movement of vehicles and equipment. Applications for Official plan
amendments, zoning by-law amendments, plans of subdivision and condominiums,
site plan control, minor variance, consent and building permit applications.
Q8: What
is an Arborist Report?
A8: An Arborist
Report details specific and accurate information about the trees
in question, such as location, condition, structural integrity,
disease, infestations and vigour. It also identifies the nature
of the work to be undertaken and appropriate protection measures.
(click here for "Guidelines
for Completion of an Arborist Report").
Q9: Why is
an Arborist Report required?
A9: An Arborist
Report helps determine the legitimacy or merit of requests for tree
removal and enables the efficient review of proposals by City staff.
This results in fewer delays in responding to inspection requests
and the processing of applications.
Q10: How
do I measure the diameter of a tree that is growing with a straight
stem as opposed to a tree growing with a lean or a tree growing
straight on a slope?
A10: For purposes
of measuring diameter to determine if a tree qualifies under the
private tree by-law, trees with straight, upright stems, (see
Fig. 1), will have their diameter measured at 1.4 metres above
ground level. For trees growing on an angle from a horizontal grade
and for trees growing vertical on slopes, (see
Figs. 2 and 3), the diameter shall be measured at right angles
to the stem 1.4 metres along the centre of the stem axis. If you
do not have a diameter tape, you can determine the diameter of a
tree by measuring the circumference of a tree stem, at 1.4 metres
above ground level, with a regular measuring tape (like measuring
your waist size). The circumference can then be divided by pi (3.1416)
to obtain the diameter.
Q11:
How do I measure the diameter of a double-stem or multiple stem
tree?
A11: For double-stem
or multi-stemmed trees, the diameter measurement is to be taken
at a height of 1.4 metres above ground level for each stem. Where
at least one stem measures 30 cm in diameter or greater, the tree
is protected under the by-law,(see
Fig. 4) If you do not have a diameter tape, you can determine
the diameter of a tree by measuring the circumference of a tree
stem, at 1.4 metres above ground level, with a regular measuring
tape (like measuring your waist size). The circumference can then
be divided by pi (3.1416) to obtain the diameter.
Q12: What
is tree injury?
A12: A tree's
roots may extend 2-3 times the width of the canopy and removal of
a large portion of its roots may lead to the decline and eventual
death of a tree, or may cause it to be destabilized. Urban Forestry's
minimum requirements for construction near trees are identified
in our Tree Protection Policy and Specifications for Construction
Near Trees.
Tree protection
barriers, as approved by Urban Forestry, must be erected at or beyond
the Tree Protection Zone (TPZ) shown on Table 1 of the Tree Protection Policy and Specifications for Construction Near Trees. If they cannot
be erected at the required distance, an injury permit may be required.
Please note that you are not only required to protect trees on your
property, but also those on adjacent properties.
Here are some
examples of things that may require an injury permit:
- Building
a structure within the tree protection zone (TPZ)
- Demolishing
a structure within the TPZ
- Removing
an existing slab-on grade garage within the TPZ
- Constructing
a deck whose piers will be within the TPZ
- Laying a
driveway within the TPZ, or replacing a driveway within the TPZ,
including interlocking stone driveways.
- Using the
TPZ as an access area for construction vehicles
- Constructing
a new structure or a 2nd storey addition that would require pruning
a tree in excess of good arboricultural standards
Q13. Why
do I have to plant a new tree?
A13:
The Urban Forestry objectives contained in the City of Toronto's
Official Plan include increasing our city's tree canopy cover from
its current 17% to 30 to 40%. The planting of replacement trees
is integral to the private tree by-law. Permits to remove trees
are issued conditional upon planting new trees. Cash in lieu of
replanting (currently $583 per tree) may be accepted, where replacement
planting is not physically possible on site and subject to approval
by Urban Forestry, for the City to plant trees on the road allowance
or in parks.
Q14. What
happens after I submit my permit application?
A14: Urban Forestry
staff will review your application to ensure that it is complete.
You will be notified in writing of any missing items. Once Urban
Forestry is satisfied that the application package is complete,
staff will conduct a site visit to verify the assessment of your
arborist and to determine if a permit may be issued and/or if a
public notification process is required.
Submission of
an application does not guarantee that a permit will be issued.
Factors that Urban Forestry will consider when reviewing permit
applications include (but are not limited to): the health of the
tree, its significance in the neighbourhood and the proximity of
the tree to existing and proposed structures.
Where a public
notification process is required, Urban Forestry staff will post
a "Notice" of application on the subject property to notify
passers-by of the application to injure or destroy tree(s). This
provides the community with the opportunity to submit comments to
Urban Forestry on the application. The sign must be posted for a
period of not less than fourteen (14) days. After the posting period
expires, Urban Forestry staff consults with the ward councillor,
advising him/her of our recommendations, and a decision is made
with respect to whether the permit will be issued or denied.
A public notice
period is not required for trees that are in poor condition.
If a permit
is going to be issued, you will receive a document to sign called
an Undertaking and Release which confirms your intent to plant the
replacement tree(s) or implement the tree protection plan. This
document also needs to be signed by a witness (who can be anyone
other than the owner of the property). Once Urban Forestry staff
receives the signed, dated and witnessed Undertaking and Release,
the permit will be issued. You may not proceed with the injury or
removal of the tree(s) until you have received the permit.
After planting
the replacement tree(s), or the erection of the tree protection
hoarding, you are to notify Urban Forestry, and we will conduct
a site visit to verify that the necessary conditions have been met.
If the permit
to injure or destroy trees is denied, you will be notified in writing.
If you wish to appeal this decision to City Council you are to notify
Urban Forestry staff and we will prepare the necessary report to
Community Council. Community Council will make a recommendation
related to your request which will go to City Council for a decision.
You'll need
the latest version of the free Adobe Acrobat Viewer to
view and print the files in PDF format.

Related
Information
Link: Butternut
Trees (Endangered Species)
Private
Tree By-law (Article III of Chapter 813)
"Application
to Injure or Destroy Private Trees & Information Sheet"
"Arborist Report for Development Applications" form
"Tree
Protection Policy and Specifications for Construction Near Trees"
"Guidelines
for Completion of an Arborist Report"
Tree
Roots (Flyer)
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