City of Burlington Private Tree Bylaw
Updated April 19 2022

When do I need a permit?

Property owners will need to apply for a Tree Removal Permit when removing:

• A tree greater than 20 cm diameter measured at 1.4 m from the ground
• More than five trees between 10 and 20 cm measured at 1.4 m from the ground
• Any size of tree that is a designated Heritage Tree*
• Any size of endangered, at risk, or threatened tree species*
• If the tree is dead**
• If the tree is diseased with no chance of recovery**

* Additional permits and regulations apply

**Permit is still required; fees and compensation are waived.

When do I not need a permit?

• Private trees less than 20cm in diameter.
• Private tree maintenance (pruning no more than a third of the live crown of a tree within good arboricultural practice)
• If the private tree is in a nursery or orchard
• Emergency Tree Work provided supporting documents are supplied to the City affirming the emergency. Please refer to the Bylaw for further details.
• Note: Public tree maintenance (e.g., pruning) must be done by the City and can be requested. Email Service Burlington.

Replacement Trees

Trees that are injured or removed under the Tree Removal Permit will need to be replaced. The tree’s diameter, measured at 1.4 m above ground, as well as the overall condition rating will impact the total number of cm required to be replaced. Generally, one replacement tree is required for every 10 cm diameter removed. The on-site consultation will determine measurements and replacements.

If there is no room for the replacement trees to be planted on the property, there will be a charge of $400 per replacement tree. This money will be used toward the Private Tree Incentive Program where private homeowners will be encouraged to plant trees on their property.

Fees and Fines

• Tree Permit Application Processing Fee: $50 + HST per application
• Private Tree Permit 1-3 Tree Removals Fee: $325 + HST per application
• Private Tree Permit 4^th Tree Removal Fee: $225 + HST per tree
• Private Tree Permit 5^th or more Tree Removal Fee: $125 + HST per tree
• Private Tree Permit Injury Fee: $75 + HST per tree
• Private Tree Replacement (Cash-in-Lieu): $250 per replacement tree
• Replacement Tree Security Deposit: $250 per replacement tree
• Tree Permit Extension/Transfer Fee: $50 per request
• Compliance Inspection Fee: $500 per contravention
  City Trees 
• Public Tree Permit Removal Fee: $500 + HST per tree
• Public Tree Permit Injury Fee: $250 + HST per tree
• Public Tree Replacement (Cash-in-lieu): $500 per tree

Private trees

Private trees that are removed must be replaced, either through replanting trees, or cash-in-lieu of replacement or a combination of the two. The total amount of replacement trees is based on the tree size removed. Refer to the table below to determine how many trees you will be required to plant.

Trunk Diameter (DBH) of the Tree Removed

Compensation Ratio

20 – 35 cm 2:1

36 – 74 cm 3:1

Greater than or equal to 75 cm 4:1

Replacement trees for private tree removals must be planted within a year of permit issuance or as identified on the tree permit. Replacement trees must be able to grow to a minimum of 4.5 m height at maturity.

When considering which species of trees to replant you must first consider what tree type you are removing. One of your replacement trees must be a similar species to the tree removed. For example, if you remove a deciduous (broadleaf) tree, one of your replacement trees must also be a deciduous (broadleaf) tree.

If opting to replant, there will be a replacement tree security deposit required at the time of your application. Once the trees have been replanted and verified by staff, the deposit will be refunded. The replacement tree deposit is $250 per required replacement tree.

Replacement trees shall be planted on your private property and not on a property line unless consent from your neighbour was given in compliance with the Forestry Act.

Replacement trees can also be planted on another private lot within the City’s Urban Boundary as approved by staff. If planting on an alternate lot, that lot will need to be identified on the tree replacement plan and we require a letter from the owner of that lot indicating this acceptance. The permit holder will be responsible for paying the tree replacement security deposit, and ensuring the trees are planted. The permit holder will be responsible for notifying staff once the trees are planted to get their deposit refunded. Deposits will only be refunded to the payee of the deposit.

Replacement trees must be maintained in healthy condition.

Replacement trees must be the following minimum sizes at the time of installation:

30 mm caliper if deciduous (broadleaf)

125 cm tall if coniferous (evergreen)

If there is no room for the replacement trees on your private lot or you opt to not replant, there will be a cash-in-lieu fee of $250 per required replacement tree. This money will be used toward the planting of trees elsewhere within the City.

Combinations of replacement trees and cash-in-lieu payment is also permitted to meet your tree replacement requirements for private tree removals.

There is no requirement to replant trees where a tree injury permit is issued.

Example: Tree removed has a DBH measurement of 30cm.

This will require two replacement trees and a deposit of $500 ($250 per tree). Once the trees are planted the $500 will be refunded.

Public trees

For all public tree removals, the City uses the aggregate caliper method to determine the number of tree replacements. Cash-in-lieu is collected for replacement trees to be planted by the City in the amount of $500/replacement tree. The City does not allow planting on public property.