We will also act on your behalf and submit the permit application required for tree removals. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. This exception applies to applicants of all ages, including senior citizens. Answer: NO (Ontario). Explain to city officials exactly where the tree is and why you believe the tree is a threat to people, property or overhead power lines. Can Trees and People Co-Exist in the City? If the tree police come after you a few years later when the darn thing has taken root blame it on the promiscuity of Mother Nature. Initially, there were only tree by-laws governing trees that were located on city property, but as the awareness of tree preservation became more prevalent, many local municipalities brought about their own private tree by-laws that ensured trees on private property fell under protection if they were above a certain size. It is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by a TPO, or to cause or permit such actions, without the authority’s permission. Branches and roots can create … TORONTO PRIVATE TREE BY-LAW A permit is required to remove or injure any tree on private property which is over 30cm diameter measured from 1.4 metres above ground level. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. But in Ontario what happens is this. If the permit is denied, the applicant has the option of appealing the decision through Community Council to City Council. The average amount of money you spend on tree removal will depend on many things including the type of tree you want to be removed from your property. Not only is tree height and spread a factor, but other things you might not have thought of such as the location of the tree on your property, obstacles around it like fences and sheds. In October, the Toronto and East York Community Council denied her application to have her tree cut down and replaced with several other mature trees. Yes. If Urban Forestry determines that the tree is "healthy" in accordance with the By-law, there is a requirement to post a sign for a two week period to notify the neighbourhood and invite comments. Infographic Transcription: Cutting Down Trees On Your Property It ís easy to become attached to a tree on your property. Your neighbour may be legally responsible for damage caused by the tree roots. If you experience any difficulties contacting a division, please contact 311. Dispute With a Neighbor Over Trees? No! This document also needs to be signed by a witness (who can be anyone other than the owner of the property). You would think so. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. And if I can cut down my beloved Tree of Whizz-dom to make my neighbour happy, you can cut a branch. You can cut back anything up to your property line. Common activites that cause injury to a tree: In the above situations, a Cohen & Master certified arborist is needed to come in and have a look at the proposed construction, or the pruning that was recommended. It’s Time for your 2020 Fall Health Check! If a permit is required for a tree to be removed, then the city requires at least ONE tree be re-planted in its place, although sometimes the city will ask for two or three trees as replacements. It applies to trees on all land use … Harvest a few seeds from a tree of your own selection (a horse chestnut, maybe) and plant them. To qualify for this, applicants must submit (confidentially) proof of their combined household income from the previous year, such as the Notice of Assessment from Canada Revenue Agency. As a result of the City's COVID-19 response, some in-person services have been suspended in City buildings and divisional phone line hours may be different from what is indicated. There are some things to consider if you have a problem with a tree on a shared property line: Note: Payment must be in the form of a certified cheque, bank draft and debit or credit card (MasterCard or VISA). Notice: All Urban Forestry services have resumed but they are being delivered differently. The first issue about tree branches extending over and onto your property has a relatively simple answer. If you believe that a tree on your property needs to be removed and the measurements surpass your municipality limit, you will require a permit from the city. The tree re-planting must occur AFTER the original tree has been removed. City Fee for Removal permit application: $114.04 … The property owner must sign an agreement that states they will re-plant a tree on their property. 130 Bridgeland Avenue, Suite LL3, North York, ON M6A 1Z4, 2018 © Cohen & Master Tree and Shrub Services Ltd. | All Rights Reserved, on Toronto & GTA Tree By-laws: What You Need To Know, White Pine Planting – Truth & Reconciliation Ceremonial Tree Planting at University of Toronto. For example in Toronto, any tree greater than 30cm in diameter measured at 1.4m above grade is protected by the Toronto Private Tree By-law. A copy of the Urban Forestry report is available one week in advance of the meeting on the City of Toronto website. The original signed Undertaking and Release form must either be mailed or hand delivered to the Tree Protection & Plan Review Application Office. These comments are collected with the purpose of providing them to the Ward Councillor as part of the By-law process and/or to Community Council and City Council in the event of an appeal. If you want to remove more than that, you must get one of the following: A tree and vegetation … You can't march into your neighbor's yard and cut down a tree that isn't yours. A storm knocked down my neighbor's tree limb onto my property, damaging my house/car/swimming pool/yard furniture. Your neighbour the one cutting down the tree would be … That is the standard used by all cities in the Greater Toronto Area. For a LICO chart, please visit the Statistics Canada website. government limits where people can … For details see: Private trees - Urban Forestry certification a tree is dead - terminally diseased or hazardous. —Branch Manager, Leaside Legally, you’re in limbo—tree-trimming on private property is not regulated by the city, meaning it’s purely a civil matter between you … Please call us or check with your city for your specific regulations and exemptions, prior to removing … The arborist will put together a program that ensures the tree won’t be injured during construction and will assist in maximizing growth post-construction. In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Sometimes this sort of resolution is not an option and some property owners will inquire about their rights to either cut back the tree branches, or cut down the tree in its entirety. If you want to remove a tree, you need a tree removal permit for every tree that has a diameter (width) of 20 cm or greater, measured at 1.4 m above the ground. You can only cut out the roots that are actually on your property, and you can't cut out the roots in such a way that you kill the tree if there's a way of removing the roots without killing the tree. If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over your property. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. Arborist tree protection programs include: In Toronto, we live around trees and our kids play on/near them. We recommend planting within 6 months of the initial removal, during one of the peak planting seasons (Spring and Fall). You can cut back anything up to your property line. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. My neighbor's tree overhangs on our property and is a nuisance every year by constantly blupping our pool skimmer, and since it is a Maple tree which drops thousands of seeds, we ar constantly removing small trees … The most fundamental aspect of the Toronto Tree Removal By-law If a permit is required for a tree to be removed, then the city requires at least ONE tree be re-planted in its place, although sometimes the city … Contact your district office by email to make payment arrangements. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Except the trees were the unlucky cabin campers. Applications and exception requests can also be submitted by mail. Different municipalities use different measurements as the requirement for which trees are to be protected, so be sure to check your local municipality website using the links below. One of the biggest factors is access. Any uncertainty regarding the location of the actual property line should be dealt with … Once Urban Forestry staff receives the signed, dated and witnessed Undertaking and Release, the permit will be issued. A property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. The most fundamental aspect of the Toronto Tree Removal By-law. A permit is required to remove, cut down or in any other way injure a tree with a diameter of 30 cm (12 inches or the approximate thickness of a telephone pole) or more on private property. It these cases, it is often essential for dead or hazardous trees to be removed. If a tree on your property is subject to your municipal tree by-law, it is to be protected from any kind of injury. If my neighbour cuts down a tree on his yard and it damages my property he pays right? It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. Toronto 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. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. A Cohen & Master Arborist will have to assess the situation to see if: If there is no way to make the tree safe then Cohen & Master will write an arborist report to the city outlining the details so the city can approve the removal of the tree. Trees on lots over 20,000 square feet On lots that are more than 20,000 square feet, you can only cut down up to five trees or 15 percent of the trees on the property, whichever is greater, in a single calendar year prior to development. Contact List - PF&R - 7 - Urban Forestry - Tree Protection and Plan Review (TPPR)- Application Office, The application including fee information to Injure or Destroy Private Trees may be found on the City of Toronto, Private trees - Urban Forestry certification a tree is dead - terminally diseased or hazardous, a completed Owner's Authorization form - if the owner has not signed the Permit Application, a Landscape/Replanting Plan - this must be filed with all permit application forms, Site Plans - for applications which involve construction, existing trees must be accurately plotted on the Site Plan, Recent legal plan of Survey with Ravine Protection Line if property is on a ravine. Faxed or scanned documents are not accepted at this time. A permit is required to remove, cut down or in any other way injure a tree with a diameter of 30 cm (12 inches or the approximate thickness of a telephone pole) or more on private property. Case Study: Ravine Stewardship and Restoration, Fertilizer recommendations post-construction, Setting up barriers around the tree during construction so the construction doesn’t get too close to the tree, Block off the root zone as much as possible, Pruning is a potential solution to the problem to mitigate any defects of the tree. If your tree is smaller than the specified DBH, you might be exempt from obtaining a permit to remove a tree. Urban Forestry makes the arrangements for appeal, including preparing a report for Community Council and informing the applicant of the meeting schedule. A property owner cannot cut the entire tree down and … If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Toronto’s tree laws developed because people and municipalities realized that they needed to maintain control of the removal and planting of trees in order to preserve the urban canopy. As a general rule a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Removing the tree roots up to the boundary line is a reasonable course of action. We Think So! The trunk is a key factor in such a case. However, the law only allows tree trimming and tree cutting up to the property line. The cost to cut down your tree varies greatly depending on a variety of factors. The tree diameter measurement must be taken at 1.4 m (4.5 feet or approximately at chest height) above ground level. Which is why it … The City Clerk will confirm the meeting date and will accept requests for the applicant (or others) to address Community Council. Trees of all diameters on private property within Ravine Protection Areas of the City of Toronto, are protected under the provisions of City of Toronto Municipal Code Chapter 658, Ravines. The City of Toronto does not regulate the trimming of trees on private property. A tree with its trunk growing across a property line is considered shared-property and in normal circumstances should not be injured or destroyed without the neighbor’s consent. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. Note: Permit application fee for owners living below the low-income cut off (LICO) as determined by Statistics Canada may be waived. → Toronto: Tree Cutting Permit & Bylaws → Vaughan: Tree Cutting Permit & Bylaws Starting May 2, 2017, property owners in the town of Oakville must apply for a permit and an in-person consultation before removing any tree / trees that have trunks measuring 15 cm / 5.9 inches or larger in diameter. In some areas, certain types of trees can be removed without a permit, along with smaller trees under a certain diameter (usually 6 inches or less). Find Cohen & Master at this year’s National Home Show! Step 2 Write a letter in support of your claim, setting out exactly why the tree is a threat and a danger to life or property. Except the trees were the unlucky cabin campers. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. The following items must be submitted with all permit applications: Applications and any additional forms required - must either be mailed, or hand delivered to the Tree Protection & Plan Review Office. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. Appeal requests are lodged with the same person/office at which the permit application was made. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. By law, you have the right to trim branches and limbs that extend past the property line. What You Should Know About Replacing Your Tree: The benefit of tree by-laws is that they ensure that a new tree goes into the ground, which guarantees that the urban canopy will continue to flourish. The tree roots are part of your property. For a healthy tree that is cut down, you can't just plant anything in its place if you want to avoid fines. $91.00 for each additional tree over 3. There is potential for trees to become hazardous if they are not well maintianed and we can’t let them fall apart naturally in an urban setting. Faxed or scanned documents are NOT accepted at this time. The application including fee information to Injure or Destroy Private Trees may be found on the City of Toronto website.Permit application fees are non-refundable and payable at the time of initial application. The prairie province's Agriculture and Forestry Ministry also gives Albertans tips on the best way to … Local municipalities tree by-laws can be found here: What if my tree meets tree by-law size requirement? 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