Urban Forestry makes the arrangements for appeal, including preparing a report for Community Council and informing the applicant of the meeting schedule. government limits where people can … 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. 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. Infographic Transcription: Cutting Down Trees On Your Property It ís easy to become attached to a tree on your property. A copy of the Urban Forestry report is available one week in advance of the meeting on the City of Toronto website. Private tree permit exemptionsA tree that is dead, terminally diseased or imminently hazardous does not require a permit, however the applicant must send a detailed Arborist report and receive approval from Urban Forestry before proceeding with any tree work. 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. This law ensures that every time a tree is removed, another one will be put in the ground to keep the urban canopy in balance. If you're fortunate enough to find that the hedges reside solely on your property, you are within your rights to cut, trim or … Other reasons of exemptions are: hazardous tree, dead tree, diseased tree and all Ash Trees with the Emerald Ash Borer. Permits are generally issued within approximately 6 weeks of the application. 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. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. The City Clerk will confirm the meeting date and will accept requests for the applicant (or others) to address Community Council. You only need a permit to remove trees on private property if you are removing three (3) or more trees which measure 15cm diameter or greater – including dead and/or dying trees per calendar year. 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. Removing the tree roots up to the boundary line is a reasonable course of action. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. Rights and Responsibilities. Except the trees were the unlucky cabin campers. It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. Faxed or scanned documents are not accepted at this time. And if I can cut down my beloved Tree of Whizz-dom to make my neighbour happy, you can cut a branch. It’s Time for your 2020 Fall Health Check! You may not go onto the neighbor's property or destroy the tree. 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. For a healthy tree that is cut down, you can't just plant anything in its place if you want to avoid fines. 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. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. 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. Can Trees and People Co-Exist in the City? Service counters remain closed, however, applications continue to be reviewed and the City is processing permits, exception requests and payments. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. Fines for illegal tree removalA person convicted of an offence under City of Toronto Municipal Code Chapter 813, Article III is subject to a minimum fine of $500.00 and a maximum fine of $100,000.00 per tree involved in an offense; a special supplementary fine of $100,000.00 is also possible. 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. 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. This exception applies to applicants of all ages, including senior citizens. 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. The tree diameter measurement must be taken at 1.4 m (4.5 feet or approximately at chest height) above ground level. This document also needs to be signed by a witness (who can be anyone other than the owner of the property). The Forestry Act indicates that it is a prosecutable offense for one co-owner to injure or cut down a boundary tree… 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. We will also act on your behalf and submit the permit application required for tree removals. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. We’re Teaming Up with LEAF and TCHC for an Exciting Planting Project! City Fee for Removal permit application: $403.00 for removing 3 trees that are 15cm or over. 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. The original signed Undertaking and Release form must either be mailed or hand delivered to the Tree Protection & Plan Review Application Office. If the permit is denied, the applicant has the option of appealing the decision through Community Council to City Council. The simple answer, it seems, is to cut the tree down but that answer only applies in the former city of North York. There are some things to consider if you have a problem with a tree on a shared property line: If your tree is smaller than the specified DBH, you might be exempt from obtaining a permit to remove a tree. 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. 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. Get Help From an Attorney Disputes with neighbors can be quite frustrating, especially since you don't really have a choice in who lives next to you. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. It applies to trees on all land use types including, single family residential properties. 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. If you experience any difficulties contacting a division, please contact 311. We Think So! 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. The City of Toronto does not regulate the trimming of trees on private property. The tree doesn’t have to be re-planted in the same spot. The tree re-planting must occur AFTER the original tree has been removed. Find Cohen & Master at this year’s National Home Show! Completing and submitting a permit application for tree injury or destruction does not guarantee that a permit will be granted. 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. For a LICO chart, please visit the Statistics Canada website. 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. 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. —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 … 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. 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. No! If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. The most fundamental aspect of the Toronto Tree Removal By-law. Branches and roots can create … 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 may not proceed with the injury or removal of the tree(s) until you have received the permit. 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. 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 … If a tree on your property is subject to your municipal tree by-law, it is to be protected from any kind of injury. 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 tree trunk with a diameter of 20 cm will have a circumference of approximately … If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement … BOUNDARY TREES Trees with trunks growing across property lines are called "boundary trees." 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. 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. It these cases, it is often essential for dead or hazardous trees to be removed. If my neighbour cuts down a tree on his yard and it damages my property he pays right? 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. City Fee for Removal permit application: $114.04 … $91.00 for each additional tree over 3. Harvest a few seeds from a tree of your own selection (a horse chestnut, maybe) and plant them. Permits in Canada's Pacific province are free as long as a single tree is cut down per family, although the B.C. Contact your district office by email to make payment arrangements. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. 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. Cost of Removing a Tree in Toronto Expect to spend anywhere between $150 and $1500 for tree removal in Toronto. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. But in Ontario what happens is this. 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. Note: Permit application fee for owners living below the low-income cut off (LICO) as determined by Statistics Canada may be waived. Local municipalities tree by-laws can be found here: What if my tree meets tree by-law size requirement? 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. 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. That is the standard used by all cities in the Greater Toronto Area. Applications and exception requests can also be submitted by mail. By law, you have the right to trim branches and limbs that extend past the property 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. The tree diameter measurement must be taken at 1.4 m (4.5 feet or approximately at chest height) above ground level. 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