Private Tree Cutting Bylaws and Neighbours in Ontario

You may want to remove a large tree from your yard, or you may have watched a neighbour's mature tree come down and wondered whether that was allowed. In Ontario, the answer often depends on a municipal by-law, not just on who owns the land.

This article explains the basics of municipal tree by-laws and permits, the exceptions, how boundary trees are treated, and sensible steps to take. Local rules vary a great deal, so confirm the details for your address.

Where the power to regulate trees comes from

A local municipality may prohibit or regulate the destruction or injuring of trees by by-law. A by-law may require a permit to injure or destroy trees.

In practice this means the details are set locally. Permit thresholds, such as how large a tree must be before a permit applies, fines and application steps differ from one municipality to the next. Your municipal website or by-law office is the place to confirm them.

Exceptions that change who regulates

In areas with two levels 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 in area. Once it does, the lower-tier municipality may not regulate tree destruction in those woodlands.

A tree by-law also does not apply to activities of the municipality or its local boards. Other listed exemptions cover licensed surveyors, certain Planning Act conditions, electricity transmitters and distributors, and some pit and quarry operations.

• A large rural lot may fall under an upper-tier woodland by-law rather than the local one.
• Work by a utility near power lines may be exempt, but your own removal usually is not.
• A tree by-law is separate from any condition attached to a development approval, so ask about both.

Trees on the boundary

Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Injuring or destroying such a tree without the consent of the land owners is an offence under the Forestry Act.

An owner may also plant trees on the boundary only with the consent of the owner of the adjoining land.

So even if a municipal permit is available, a boundary tree generally needs your neighbour's consent as well. Courts have not always agreed on how the offence applies between co-owners, which is another reason to get advice before acting on a disagreement.

Related by-laws that can catch you

Tree removal can trigger other rules. A municipality may prohibit or regulate the placing or dumping of fill, the removal of topsoil and changes to the grade of land, and may require permits and impose permit conditions. Grinding out stumps and regrading the area afterward could fall under such a by-law.

Municipalities may also prohibit and regulate noise, vibration, odour, dust and outdoor illumination, and may require permits for these matters. Early-morning chainsaw work is a common source of complaints.

Site alteration by-laws do not apply to activities by a municipality, to drain construction under the Drainage Act or to certain pit and quarry operations. Topsoil removal that is incidental to normal agricultural practice is also exempt, but not removal for sale or other disposition.

If a neighbour is removing a tree, or you object

If you think a neighbour is cutting without a required permit, start by checking whether the by-law applies to that tree. You can then raise it with the municipality, which administers and enforces its own by-law. Contact with the neighbour should stay calm and be in writing where possible.

If the tree is on the boundary, you are a co-owner and your consent matters. If a tree has been damaged and you suffered loss, a lawyer can explain whether a claim or court order is realistic.

What to do next

• Contact your municipality and ask whether a tree by-law applies to your lot and tree.
• Ask whether a permit is needed and what it costs and requires.
• Confirm where the trunk sits relative to the property line.
• Get written consent from your neighbour if the tree is on the boundary.
• Ask about any grading, fill or topsoil rules connected to the work.
• Keep your permit, photos and correspondence in one file.
• Speak with a lawyer if you and a neighbour disagree about a tree.

Frequently asked questions