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 … 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. This exception applies to applicants of all ages, including senior citizens. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. The simple answer, it seems, is to cut the tree down but that answer only applies in the former city of North York. The most fundamental aspect of the Toronto Tree Removal By-law. A copy of the Urban Forestry report is available one week in advance of the meeting on the City of Toronto website. 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. Notice: All Urban Forestry services have resumed but they are being delivered differently. The City of Toronto does not regulate the trimming of trees on private property. 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. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. We recommend planting within 6 months of the initial removal, during one of the peak planting seasons (Spring and Fall). Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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. Can Trees and People Co-Exist in the City? 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. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. 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. By law, you have the right to trim branches and limbs that extend past the property line. 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. The tree roots are part of your property. Answer: NO (Ontario). Rights and Responsibilities. 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. 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. Please call us or check with your city for your specific regulations and exemptions, prior to removing … Other reasons of exemptions are: hazardous tree, dead tree, diseased tree and all Ash Trees with the Emerald Ash Borer. government limits where people can … As trees play a vital role in urban cities’ livability, their removal is regulated and in most cases, it is illegal to cut down a tree on your own property before first obtaining a permit. → 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. City Fee for Removal permit application: $403.00 for removing 3 trees that are 15cm or over. Find Cohen & Master at this year’s National Home Show! For a healthy tree that is cut down, you can't just plant anything in its place if you want to avoid fines. Note: Permit application fee for owners living below the low-income cut off (LICO) as determined by Statistics Canada may be waived. It’s Time for your 2020 Fall Health Check! You may not go onto the neighbor's property or destroy the tree. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. 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. 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. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. Permits in Canada's Pacific province are free as long as a single tree is cut down per family, although the B.C. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. You can cut back anything up to your property line. It applies to trees on all land use types including, single family residential properties. 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. Once Urban Forestry staff receives the signed, dated and witnessed Undertaking and Release, the permit will be issued. 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. 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. Aside from the aesthetic aspect, they also create shade and can be home to wildlife. If my neighbour cuts down a tree on his yard and it damages my property he pays right? 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. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. Applications and exception requests can also be submitted by mail. For details see: Private trees - Urban Forestry certification a tree is dead - terminally diseased or hazardous. The property owner must sign an agreement that states they will re-plant a tree on their property. 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). If you experience any difficulties contacting a division, please contact 311. 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. 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. 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. Arborist tree protection programs include: In Toronto, we live around trees and our kids play on/near them. The prairie province's Agriculture and Forestry Ministry also gives Albertans tips on the best way to … This document also needs to be signed by a witness (who can be anyone other than the owner of the property). 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. The City Clerk will confirm the meeting date and will accept requests for the applicant (or others) to address Community Council. 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. There are some things to consider if you have a problem with a tree on a shared property line: It these cases, it is often essential for dead or hazardous trees to be removed. Local municipalities tree by-laws can be found here: What if my tree meets tree by-law size requirement? BOUNDARY TREES Trees with trunks growing across property lines are called "boundary trees." 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. Dispute With a Neighbor Over Trees? Harvest a few seeds from a tree of your own selection (a horse chestnut, maybe) and plant them. Contact your district office by email to make payment arrangements. Note: Payment must be in the form of a certified cheque, bank draft and debit or credit card (MasterCard or VISA). 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! 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. The tree re-planting must occur AFTER the original tree has been removed. 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. 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 … 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. 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. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. 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. The tree doesn’t have to be re-planted in the same spot. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. 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