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Completing and submitting a permit application for tree injury or destruction does not guarantee that a permit will be granted. The tree diameter measurement must be taken at 1.4 m (4.5 feet or approximately at chest height) above ground level. 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. 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. Permits are generally issued within approximately 6 weeks of the application. 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. That is the standard used by all cities in the Greater Toronto Area. Which is why it … If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. The first issue about tree branches extending over and onto your property has a relatively simple answer. It these cases, it is often essential for dead or hazardous trees to be removed. 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. 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. The tree diameter measurement must be taken at 1.4 m (4.5 feet or approximately at chest height) above ground level. 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. 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 simple answer, it seems, is to cut the tree down but that answer only applies in the former city of North York. The tree roots are part of your property. 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. 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. Except the trees were the unlucky cabin campers. The applicant, along with interested parties are allowed to address Community Council when the appeal is being considered. 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. Except the trees were the unlucky cabin campers. For a LICO chart, please visit the Statistics Canada website. It applies to trees on all land use types including, single family residential properties. Appeal requests are lodged with the same person/office at which the permit application was made. Yes. However, the law only allows tree trimming and tree cutting up to the property line. Answer: NO (Ontario). Dispute With a Neighbor Over Trees? 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. Local municipalities tree by-laws can be found here: What if my tree meets tree by-law size requirement? The cost to cut down your tree varies greatly depending on a variety of factors. A tree trunk with a diameter of 20 cm will have a circumference of approximately … If you want to remove more than that, you must get one of the following: A tree and vegetation … “Absent clear danger, neither party can trespass on the other’s property to trim a tree. —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 … 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. It applies to trees on all land use … 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! 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. We’re Teaming Up with LEAF and TCHC for an Exciting Planting Project! Applications and exception requests can also be submitted by mail. 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. 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. 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. government limits where people can … Rights and Responsibilities. You can cut back anything up to your property line. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. This bylaw affects all private property owners in Vancouver wanting to remove a 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 … 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. Urban Forestry makes the arrangements for appeal, including preparing a report for Community Council and informing the applicant of the meeting schedule. The prairie province's Agriculture and Forestry Ministry also gives Albertans tips on the best way to … For details see: Private trees - Urban Forestry certification a tree is dead - terminally diseased or hazardous. You can cut back anything up to your property line. Once Urban Forestry staff receives the signed, dated and witnessed Undertaking and Release, the permit will be issued. 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. 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. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Your neighbour may be legally responsible for damage caused by the tree roots. 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. 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. 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. The tree doesn’t have to be re-planted in the same spot. Faxed or scanned documents are not accepted at this time. 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. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. 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 a tree on your property is subject to your municipal tree by-law, it is to be protected from any kind of injury. You can't march into your neighbor's yard and cut down a tree that isn't yours. 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. BOUNDARY TREES Trees with trunks growing across property lines are called "boundary trees." Your neighbour the one cutting down the tree would be … This exception applies to applicants of all ages, including senior citizens. You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. The most fundamental aspect of the Toronto Tree Removal By-law. Other reasons of exemptions are: hazardous tree, dead tree, diseased tree and all Ash Trees with the Emerald Ash Borer. 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. Can Trees and People Co-Exist in the City? Branches and roots can create … We will also act on your behalf and submit the permit application required for tree removals. Note: Permit application fee for owners living below the low-income cut off (LICO) as determined by Statistics Canada may be waived. You would think so. 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. For a healthy tree that is cut down, you can't just plant anything in its place if you want to avoid fines. The original signed Undertaking and Release form must either be mailed or hand delivered to the Tree Protection & Plan Review Application Office. Find Cohen & Master at this year’s National Home Show! 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're fortunate enough to find that the hedges reside solely on your property, you are within your rights to cut, trim or … 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. Harvest a few seeds from a tree of your own selection (a horse chestnut, maybe) and plant them. 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. 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. 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