Forest Protection & Tree Permits

The Public Tree By-law regulates the planting, maintenance, and preservation of trees on or affecting public property. You will need to apply for a permit to injure or destroy (remove) any tree of any size anywhere on public property. The Public Tree By-law is applicable City-wide which includes both the Urban and Rural Planning Area Boundaries.

Note that the City generally does not support the removal of public trees. Careful thought and planning has gone into selection of the tree planted, along with the financial investment. Please contact staff directly prior to submitting a permit to remove a public tree. 

Additionally, where a development application has been made, Council approval is required prior to the issuance of a permit to remove a public tree.

Please refer to the Link section below to read a copy of the full Public Tree By-law (68-2013)

The Private Tree By-law conserves and protects trees on private land within the City’s Urban Planning Area Boundary. If you live within the Urban Planning Area Boundary (see link below), you will need to apply for a permit to injure or remove a tree 20 cm in diameter (8”) or greater measured at 1.37 m from the ground, or more than five trees between 10 and 20 cm (4-8”) measured at 1.37 m above the ground in a calendar year. Heritage trees and endangered, threatened, and at-risk species are also protected and may require additional approvals in addition to your tree permit.

Please refer to the Link section below to read a copy of the full Private Tree By-law (02-2020)

The Private Tree By-law only applies within the Urban Planning Area of the City of Burlington.

The Urban Planning Area Boundary is the area below the black dotted line. 

The Rural Planning Area Boundary is the green area above the black dotted line.

An interactive map can be found at this link – once there, search for your address by clicking the looking glass icon: 

* Additional permits and regulations apply

**Permit required, but fees and compensation are waived

The first step is to measure 1.37 m up from where the trunk emerges from the ground. This height is known as “breast height”.

The second step is to measure the circumference of the trunk at breast height and divide that number by 3.14 to convert the trunk circumference to diameter. This measurement is known as “Diameter at Breast Height” or DBH.

For double-stem or multi-stem trees, measure the DBH of each stem similar to the above. The total DBH for the tree is the summation of all the stems (e.g., DBH Stem 1 + DBH Stem 2).

You need the DBH of a tree to determine what the minimum Tree Protection Zone (TPZ) is around a private or public tree based on Table 1 in the City’s Specification for Tree Protection and Preservation (Table 1 excerpt below – note that the TPZ distances are projected from the outside of the tree all the way around the tree).

Proposed work inside of the TPZ is considered an injury.

Table 1: Minimum Tree Protection Zones

*Minimum distances required

Example:

If you have a tree that is 55 cm in diameter, all construction activity must be kept a minimum 3.6 m away from the base of the tree in all directions or a tree permit is required.

Any construction activity that may disturb, damage or injure a regulated tree (any private tree in the urban area as described above, or any public tree of any size anywhere in the City).

Construction activity means: an activity that includes but is not limited to excavation, building, trenching, demolition, boring, placement of fill, storage of soil, change of surface, storage of construction materials, changes to grade, storage of waste or equipment, and movement of vehicles and equipment for accessing the area where the work will be occurring.

If an activity such as those listed above or any others will occur within the Tree Protection Zone (TPZ) of a regulated tree (private or public), a tree permit for injury will be required.

Projects that often include one or more of the above activities include, but are not limited to: construction or demolition of buildings, pools, driveways, hardscaping, servicing, landscaping, patios, or retaining walls.

If you are also applying for a building permit, your tree permit application and Forestry review for your project will be part of Consolidated Pre-Building Permit process. For more information about the Consolidated Pre-Building Permit process, please see the Links section below.

If you are applying for a building permit, and no regulated trees are expected to be injured or removed, please fill out and sign the Tree Declaration Form and submit it with your Consolidated Pre-Building Permit application to the Community Planning Department. Note, that the City reserves the right to require that a tree permit application be made should the declaration and/or project details not satisfy our requirements. Please refer to the forms section below for a copy of the Tree Declaration Form.

If you are not applying for a building permit, and a regulated tree is expected to be injured or destroyed (removed), please submit an online tree permit application using the button below.

Apply for a Tree Permit

Steps to complete the online application form:

1. Fill out the tree permit eform. You will have the opportunity in the online application (eform) to upload any supporting documents such as photos, letter of agreement*, owner authorization form (if you are applying on behalf of the owner of the property), and/or an arborist report and/or tree preservation plan.

* A letter of agreement from the adjacent property owner will be needed for any removal or damage to a boundary tree or a neighbouring tree (i.e., construction activity occurring within the TPZ of a regulated tree either on the property line or solely in the adjacent lot). The letter should include:

• The tree owner’s name and address;
• Details about the subject tree to be removed or damaged (e.g., size, species, location);
• A statement that clearly indicates that the tree destruction/removal has been disclosed and discussed and their agreement for its removal and/or, damage; and
• The tree owner’s signature and date.

Where the proposed project will result in an injury to a boundary or neighbouring tree, a letter of agreement from the adjacent property owner can be provided to support your application containing the same details as above for the injury OR the submission of a report prepared by a qualified arborist attesting that the tree(s) in question will survive the proposed work in healthy condition (including whatever preservation methods may be required to do so).

2. A Forestry Protection Officer will visit the subject property and reach out to ensure that the required information has been received to support the tree permit application.

3. The Forest Protection Officer will confirm permit conditions and fees, including tree protection requirements, compensation for tree loss or securities, where applicable.

4. Where tree protection barriers are required, those must be installed and approved prior to issuing a tree permit.

5. Once all the items associated with your application are satisfied, the fees associated with your permit will be collected and your tree permit will be issued.

6. Once you have obtained your issued tree permit, you can proceed with your project. If any issues arise during your project, please contact your Forest Protection Officer.

7. Once you’re finished your project, you must notify the Forest Protection Officer who issued your tree permit before removing any tree protection measures (if installed). A visit will be completed to verify that the permit conditions have been met, and if so, you may remove your tree protection. If deficiencies are found, they will need to be fixed before you can remove your tree protection.

Tree Permit, Development Related Application: $680+HST per application

Tree Permit, Non-Development Related Application: $390+HST per application

Cash-in-Lieu of Replacement Compensation Private Trees (Cash-in-Lieu): $400 per tree

Private Tree By-law Contravention Fee: $680 per tree

Compensation for tree removals can either be in the form of replacement trees or cash-in-lieu payment. The total amount of replacement trees and/or cash-in-lieu is calculated using the City’s aggregate caliper method. The tree's size (DBH), as well as the overall condition rating will impact the total number of cm required to be replaced. Note: tree replacement for public tree removals is performed solely by the City after collection of cash-in-lieu is completed

For public trees, generally, one replacement tree is required for every 5 cm of diameter removed.

For private trees, generally, one replacement tree is required for every 10 cm of diameter removed.

Replacement trees for private tree removals must be planted within a year of permit issuance, and replacements must be able to grow to or beyond 4.5 m height at maturity. Dwarf species that do not reach 4.5 m at maturity will not count toward compensation requirements.

Replacement trees can be planted anywhere on your private property.

Replacement trees must be the following minimum sizes at the time of installation:

If there is no room for the replacement trees on your private lot or you opt to not replant, there will be a cash-in-lieu fee of $400 per required replacement tree. This money will be used toward the planting of trees elsewhere within the City.

Combinations of replacement trees and cash-in-lieu payment is also permitted to meet your compensation requirements for private tree removals.

Online Tree Permit Application

Tree Declaration Form

Owner Authorization Form

Tree Inventory and Compensation Form Private Trees (for reference only – this is used by City staff)

Public Tree By-law 068-2013 

Private Tree By-law 02-2020

City of Burlington Standard Specification for Tree Protection and Preservation

Consolidated Pre-Building Permit (required for all low-density residential properties requiring a building permit)