City of Burlington Private Tree Bylaw Pilot

1. Roseland Community
Steve Robinson, OALA, ISA, TRAQ
Manager of Forestry
City of Burlington
Private Tree Bylaw Pilot

2. Background
2010: Urban Forest Management Plan: Recommendation to complete a study to evaluate the
appropriateness of a Private Tree Bylaw for the City of Burlington.
2013: Report for Private Tree Bylaw submitted by City staff. Not supported at the time
2013 – 2016: Canopy loss due to Ice Storm and Ash loss from Emerald Ash Borer (EAB)
March 2016: Motion was made by Development & Infrastructure Committee for a Pilot Tree Bylaw pilot
April 2016: Motion approved by Council for staff to prepare a bylaw within the Roseland Community for
a period of two years.
June 2018: Committee of the Whole passed the City’s Pilot Private Tree Bylaw
Why Roseland:
• High development frequency
• Mature trees, both private and publicly owned
• Strong support from local community

3. What is the purpose of the bylaw?
• Trees located on private
property play an important
role in the continued growth
of the City’s urban forest as
almost 90% of the land
within the City is privately
owned.
• This initiative is consistent
with the City’s Urban Forest
Management Plan, the City’s
Strategic Plan, & the
Municipal Act.

4. What does the bylaw regulate?
• The injury or removal of any tree greater than
30 cm in diameter on private property,
measured at breast height (1.37 m above the
ground).
• Any heritage tree or significant tree per
schedule ‘B’ of the bylaw
• Part of a 2 year pilot within the Roseland
Community. A recommendation report will be
submitted to council at the end of the pilot

5. Significant trees

6. Study Area:
Northern Boundary: Centennial
Bikeway/New Street
Eastern Boundary: Roseland Creek
Southern Boundary: Lake Ontario
Western Boundary: Guelph Line

7. How do the bylaws work together?
Municipal Road Allowance:
Bylaw 63-2013. The bylaw regulates tree
maintenance, removal and planting within
the municipal road allowance
Private Property:
Bylaw 43-2018. The bylaw regulates private
trees within the pilot area
Woodlands/Ravines:
Bylaw 121-05. Halton region has been
designated authority from the City for all
woodlots greater than .5 Ha.

8. What kind of work is regulated
under this bylaw?
Any activity that may damage or
injure a tree on private property
must have a permit. This includes
(but is not reduced to):
• Landscaping (includes pools,
decks, fences, patios, retaining
walls, raised garden beds,
driveways)
• Home or property renovations
• Demolition, construction, or
replacement of buildings on
the property
• Altering grade by adding or
removing soil or fill,
excavating, trenching, topsoil
or fill, compacting soil or fill,
dumping or disturbance of any
kind
• Temporary storage of
construction materials
• Excavating for access of
underground utilities

9. Boundary Tree
A tree whose trunk from the ground
level to the first scaffold branch
straddles or bisects the property line of
the lot.
Boundary trees within 3 m on both
sides of a mutual lot line require:
- a letter of agreement to the
proposed work;
- Arborist attesting the tree will
survive the work in a healthy
condition;
- Include preservation methods

10. Are there any exemptions?
• Tree diameter is less than 30 cm
• Pruning in accordance with Good
arboricultural Practice
• Emergency Work
• Considered high risk according to ISA
TRAQ methods*
• Dead trees*
• Ash (Fraxinus) trees*
• Any tree within 2 m of an occupied
building
• The tree is located in a Nursery or
Orchard
• The removal is part of a condition of
site plan approval, plan of subdivision,
or development permit**
• For the purpose or maintenance of a
transmission or distribution line
• Required under the City’s Property
Standards By-law
*Contingent on review and approval by the Manager of Urban Forestry or
designate
**Refer to the planning act for additional information.

11. Trees and Development
Pilot private tree bylaw (Municipal) does not supersede the
Planning Act (Provincial):
Section 41: Land use designation via Site Plan Control
Section 51: Plan of Subdivision
Section 53: Consents
Section 70.2: Development Permits

12. Exemptions Cont’d
• Ash trees
• No permit
• Replacement required.
• Emergency: any work necessary to protect
lives or property from imminent danger.
Includes utility repairs and structural repairs
to building.

13. Submit a permit application to the
Manager of Urban Forestry or designate
with the following:
- Completed application form
(available online)
- Tree protection plan and report
identifying trees to be injured &/or
destroyed
- The permit fee
- A proposed tree replacement plan
How to apply – Submit an Application

14. Permit Review Process
Permit Application
Submitted
Site Meeting
Scheduled w Resident
Evaluate
Construction plan
on site
Review & approve
preservation measures
Construct
preservation fencing;
report to Forestry
Pay securities and
compensation fees
Forestry Sign off
Proceed with
Construction Plan

15. How to apply – Submit an
application
In-Person: Permit applications can be submitted
at:
1) Roads, Parks and Forestry Operations Centre:
3330 Harvester Rd.
2) City Hall: 426 Brant St.
or via email at forestrypermits@burlington.ca

16. How to apply – Permit Application
Fees
$100 per tree to be removed or injured up to a
maximum of $500.
*These costs cover internal, administrative
costs
Fees will be waived for ash removals.
Replacement trees are still required for removed
ash trees.

17. Compensation – Tree Removal
When a tree permit has been granted all owners are
required to replace trees that are proposed to be
removed, or pay cash-in-lieu of replacement of $700
per replacement tree:
Diameter Class
(Removed Tree)
No. of Replacement
Trees Required
(50 mm deciduous, 1.75 cm coniferous)
Cash in lieu of
replacement value
($700.00/tree)
30 cm – 50 cm 2 $1,400
> 50 cm 3 $2,100

18. Compensation
• 30 cm – Large Dinner Plate
• 50 cm –Beach Ball

19. Securities – Tree Injury
Tree injury will be calculated per the City’s tree
appraisal method.
The City reserves the right to hold tree securities for a
period of three years depending on the level of impact
to the tree in question.

20. Next Steps
Community Meeting: Feb. 26, 2019, Central Arena,
7 to 9 p.m.
Forestry contacting businesses/contractors:
City-wide consultation to begin Q2 2019
Focus on feasibility to apply bylaw City-wide
Report to Council Q3 2019
Recommendation Report to Council Q2 2021

21. Where can I get more information?
Burlington.ca/privatetree
Applications online or in person at:
City Hall RPF Operations Centre
426 Brant St. 3330 Harvester Rd.
905-335-7600 905-333-6166