Do I Need a Permit to Remove a Tree on My Ontario Property?

You own the land, so it seems natural that you can remove a tree from it. In many parts of Ontario, though, municipalities regulate tree cutting even on private lots, and cutting first and asking later can be costly.

This article explains in general terms how municipal tree rules tend to work, what to look up before you pick up a chainsaw, and when a tree on a boundary line turns into a neighbour question as well. It does not replace reading your own municipality's by-law.

Why the answer depends on where you live

Tree protection is mostly a local matter. Municipalities can pass by-laws about trees, and each one chooses its own approach. One city may protect only larger trees. Another may protect trees in certain areas, such as ravines or heritage zones. A third may have no private-tree by-law at all.

Because of that, you should not assume that a rule you heard about in Toronto, Ottawa or a friend's town applies to your lot. Fees, size thresholds and exemptions are all set locally and can change over time.

What local tree by-laws usually look at

While every by-law is different, the questions below are worth checking against your municipality's wording. They will help you work out whether a permit is likely to be needed.

• The size of the tree, often measured as the trunk width at a set height above the ground.
• The location of the tree, such as a front yard, a ravine, a protected natural area or near a road.
• Whether the tree is healthy, dead, dying or hazardous, and whether your by-law treats those situations differently.
• Whether you are removing it for construction, a severance or a site plan, which can bring separate approval requirements.
• Whether the tree sits on the property line, on a neighbour's land or on municipal land.

Trees on or near a boundary

A tree whose trunk straddles the line between two properties raises a separate issue: who owns it and who can consent to its removal. The answer depends on the facts, so it is worth confirming with a lawyer before acting. Cutting a shared tree without your neighbour's agreement can create a dispute even if the municipality would have allowed the work.

Questions about exactly where the boundary runs are not something a fence arbitration under the Line Fences Act settles for you. That process deals only with fence disputes and does not decide where the boundary is. Where the line is can need a survey, and a lawyer can help if you and your neighbour disagree about it.

Trees that grow on a road allowance, the strip of public land set aside for a road, are another special case. Whether you may cut a tree there is a question for your municipality, so ask before you do anything.

Fines and other consequences of cutting without a permit

How a municipality responds to cutting without a permit depends on its own by-law, so it is worth confirming with the municipality or a lawyer. The amounts of any fines differ between municipalities, and they are set out in each municipality's own by-law or fine schedule. This is why a general number would not be reliable.

If you are unsure, asking before cutting is almost always cheaper than fixing a problem afterwards.

What to do before you cut

• Search your municipality's website for its tree by-law, or call the by-law or forestry office and ask whether your tree is covered.
• Measure the trunk and note the species, location and condition of the tree.
• Take dated photos, especially if the tree is dead, diseased or leaning toward a building.
• If the tree may be on the property line, talk to your neighbour and check your survey or property records.
• Ask whether an arborist's report is needed and whether any fee applies.
• Get the permit decision in writing before work begins.
• See a lawyer if a neighbour disputes ownership, or if you have already cut and received a notice or fine.

Frequently asked questions