Does Ontario's Municipal Tree Bylaw Stop Me From Cutting Down a Tree on My Own Lot?
It can. A municipality may prohibit or regulate the destruction or injuring of trees by by-law, and a tree by-law may require a permit to injure or destroy trees. Owning the lot does not automatically mean you can remove any tree on it without checking. Whether your tree is covered depends on your municipality's by-law, the tree's size and where it stands.
Two exceptions matter. In areas with two tiers of municipal government, an upper-tier municipality may regulate tree destruction in woodlands it designates, meaning woodlands as defined in the Forestry Act that are one hectare or more, and the lower-tier municipality then may not regulate them. A tree by-law also does not apply to activities of the municipality or its local boards, and the Act lists other exemptions.
Trees near a boundary need extra care. A tree whose trunk grows on the boundary is the common property of the adjoining owners, and injuring or destroying it without their consent is an offence under the Forestry Act. Permit thresholds, fines and application steps vary by municipality, so contact yours before you cut.
Key takeaways
- A municipality may regulate or prohibit injuring or destroying trees by by-law, and may require a permit.
- In two-tier areas, an upper-tier municipality may regulate designated woodlands of one hectare or more, and then the lower-tier municipality may not.
- Statutory exemptions apply, including to activities of the municipality or its local boards.
- A boundary tree is common property, and injuring it without consent is an offence under the Forestry Act.