Bylaw
Components

General Components of Tree Bylaws

1) Purposes of tree bylaws

• Tree Protection and Preservation: One of the primary purposes of tree bylaws is to protect and preserve trees within the municipality. By regulating activities such as tree removal, pruning, and planting, the bylaw helps maintain the urban tree canopy and the benefits it provides to the environment and residents.
• Urban Forest Management: Tree bylaws help manage the urban forest by outlining guidelines for tree care, species selection, and maintenance practices. This contributes to the overall health and sustainability of the urban ecosystem.
• Environmental Benefits: Trees offer various environmental benefits, such as improving air quality, sequestering carbon, reducing energy costs, and providing habitat for wildlife. Tree bylaws aim to maximize these benefits by promoting the responsible management of trees.
• Aesthetic and Property Value: Trees enhance the aesthetic appeal of neighborhoods and can increase property values. By regulating tree-related activities, tree bylaws help maintain and enhance the visual appeal of the community.
• Community Health and Well-being: Trees have been shown to have positive effects on mental and physical health, including stress reduction, improved air quality, and increased recreational opportunities. Tree bylaws support these benefits by ensuring the presence of a healthy urban forest.
• Mitigation of Urban Heat Island Effect: Trees play a crucial role in mitigating the urban heat island effect by providing shade, reducing surface temperatures, and cooling the environment. Tree bylaws promote tree planting and preservation to combat heat-related issues in urban areas.

2) Definitions found in a tree bylaws

• Tree: A perennial woody plant with a single main stem or trunk and a distinct crown of foliage, typically reaching a certain height or diameter threshold.
• Protected Tree: A tree species designated by the bylaw as being protected from removal or requiring special permission for cutting.
• Tree Canopy: The overhead coverage of branches and foliage created by the collective mass of a tree’s branches.
• Tree Preservation Zone: An area designated for the protection of trees during development or construction activities to minimize impact on their health and longevity.
• DBH (Diameter at Breast Height): The standard measurement used to determine the diameter of a tree trunk, typically taken at a specified height above the ground.
• Tree Pruning: The selective removal of branches or stems to improve the health, structure, or appearance of a tree.
• Arborist: A trained professional who specializes in the care, maintenance, and management of trees.
• Tree Permit: A formal authorization required from local authorities to remove or prune trees within the municipality.
• Invasive Species: Non-native plant species that have the potential to spread rapidly and displace native vegetation, often requiring control measures.
• Compensatory Planting: Replacing removed trees with new trees of a specified size or species to mitigate the loss of tree canopy cover.

3) Prohibitions to prevent activities that could harm trees. 

• Unauthorized Tree Removal: Prohibiting the cutting, damaging, or removal of trees on public or private property without obtaining the necessary permits or approvals. Restricting activities like clear-cutting of trees or indiscriminate removal of vegetation without following established guidelines.
• Irresponsible Pruning: Restricting the improper pruning practices that could harm tree health or structure, such as topping or excessive cutting.
• Tree Damage: Preventing activities that could cause harm to trees, such as injuring the trunk, roots, or branches, or compacting the soil around tree roots.
• Protected Tree Species Removal: Prohibiting the removal of specific tree species designated as protected by the bylaw without proper authorization.
• Invasive Species Planting: Prohibiting the planting of invasive tree species that could threaten native flora and fauna or disrupt the local ecosystem.
• Harming Heritage Trees: Protecting heritage or significant trees from damage or destruction, often requiring special permits for any work near these trees.
• Development Impact: Preventing the adverse impact of development activities on trees, such as construction that could harm root systems or compromise tree health.
• Tree Vandalism: Prohibiting deliberate acts of damaging, defacing, or destroying trees, including graffiti or other forms of vandalism.

4) Application of a tree bylaw

• Review the Bylaw: Start by reading and understanding the provisions of the tree bylaw in your municipality. Pay attention to definitions, restrictions, and permit requirements.
• Determine Permit Needs: Identify if your tree-related activities, such as tree removal, pruning, or planting, fall within the scope of the bylaw and require a permit.
• Submit Application: If a permit is required, complete the necessary application form provided by the local municipality. Include all relevant details, such as property information, tree species, and reasons for the proposed action.
• Pay Fees: Some tree bylaws may require a fee for permit applications. Ensure that any applicable fees are paid along with the submission of the application.
• Wait for Approval: The municipal authorities will review your application to assess compliance with the bylaw. This process may include site inspections or additional information requests.
• Comply with Conditions: If the application is approved, ensure that you comply with any conditions set forth in the permit, such as replanting requirements or specific pruning methods.
• Seek Guidance: If you are unsure about any aspect of the bylaw or the application process, consider seeking guidance from municipal officials, arborists, or local tree conservation groups.

Issuance of Permit:

• Mitigation Measures: The inclusion of mitigation measures to offset any negative impacts of the tree work, such as replanting requirements, can increase the likelihood of permit issuance.
• Professional Assessment: Providing expert reports or assessments from certified arborists supporting the proposed tree work can strengthen the application and lead to the issuance of the permit.

Refusal of Permit:

• Non-Compliance: If the proposed tree work does not meet the standards outlined in the tree bylaw, the permit may be refused. 
• Environmental Concerns: Proposed tree work that poses a significant risk to the environment, public safety, or tree health may result in permit refusal.
• Lack of Justification: Inadequate justification for the proposed tree work or failure to provide required information/documentation can lead to permit refusal.
• Public Interest: The impact of the proposed tree work on the community, neighborhood aesthetics, or heritage trees may be considered in the decision-making process.

5) Exemptions within tree bylaws

• Emergency Situations: Exemptions for tree removal or pruning in cases of emergencies where a tree poses an immediate safety risk or danger to property.
• Routine Maintenance: Exemptions for routine tree maintenance activities, such as pruning dead branches or minor trimming, that do not significantly impact tree health or appearance.
• Approved Tree Care Professionals: Exemptions for certified arborists or tree care professionals carrying out tree work in accordance with industry best practices and standards.
• Approved Development Plans: Exemptions for tree removal or pruning activities that are part of approved development plans or construction projects, provided they adhere to specified guidelines.
• Invasive Species Control: Exemptions for the removal of invasive tree species to prevent their spread and protect native vegetation, subject to specific protocols.
• Heritage Tree Maintenance: Exemptions for maintenance activities on heritage or significant trees that are necessary to ensure their health and longevity.
• Public Safety Measures: Exemptions for tree work required to ensure public safety, such as clearing obstructed sight lines, power lines, or roadways.
• Special Circumstances: Exemptions may be granted for unique situations that justify deviation from standard regulations, such as exceptional tree health issues or preservation challenges.

6) Enforcement of tree bylaws

• Complaint-Based Investigations: Municipal authorities may respond to complaints from residents regarding potential violations of tree bylaws. This could involve investigating unauthorized tree removal, improper pruning, or other infractions.
• Routine Inspections: Regular inspections of public and private properties may be conducted to check for compliance with tree bylaws. Inspectors may look for issues such as tree damage, unauthorized removal, or neglect of tree maintenance.
• Penalties and Fines: Tree bylaws typically include penalties for violations, which may include fines, restoration requirements, or other corrective actions. These penalties serve as deterrents to non-compliance.
• Stop Work Orders: In cases where immediate action is required to protect trees, authorities may issue stop work orders to halt tree-related activities that are in violation of the bylaw.
• Legal Action: In situations where violations persist or are severe, legal action may be taken against property owners or individuals who do not comply with tree bylaws. This could involve court orders, injunctions, or other legal remedies.
• Education and Outreach: Municipalities may conduct educational initiatives to raise awareness about tree bylaws, the importance of tree protection, and proper tree care practices. This proactive approach helps prevent violations before they occur.
• Community Engagement: Involving the community in tree conservation efforts can enhance enforcement efforts. This may include forming tree stewardship programs, engaging volunteers in tree planting initiatives, and promoting a culture of tree care within the community.

7) Examples of fines for tree bylaw violations on private property in Canada’s largest cities.

• Ottawa, Ont: $500 to $100,000
• Toronto, Ont:  $500 to $100,000
• Brampton, Ont:  up to $100,000
• Mississauga, Ont: $500 to $100,000
• Hamilton, Ont: First offence up to $10,000, subsequent offence up to $25,000
• Surrey, BC:  up to $20,000
• Vancouver, BC:  up to $1,000 per tree
• Montreal, Que: $500 to $5,000
• Edmonton, Alb: None.  No bylaw for removal on private property unless within five metres of a boulevard and open space tree.
• Calgary, Alb: None “there isn’t a specific bylaw governing the management of trees on private property”