Toronto, Ontario: Private Tree Protection Bylaw

Policy Title: Private Tree Bylaw
Year Adopted: 2004
City: Toronto
Citation: Toronto Municipal Code § 813-11 et seq.

Description:

In 2004, Toronto adopted Section 813-11 – colloquially known as the “Private Tree Bylaw” -  into its municipal code. The section was amended in 2008, 2013, and 2015, but now stands a fully comprehensive Bylaw regularly referenced by tree advocates in comparable cities. Most consequentially, the Bylaw forbids the “injury, destruction, or removal” of any trees wider than 30 centimeters in diameter without a permit. In 2015, the Bylaw was amended to include an arborist report and a tree protection plan in the permit process as well as landscaping and replanting plans for the site of a removed tree. 

The Private Tree Bylaw explicitly bans the injury or removal of trees when:

  • A tree is healthy;

  • The removal of the tree will impact “environmentally sensitive areas, ecological systems, natural landforms, or contours;”

  • The removal will negatively impact erosion or flood control;

  • “Significant Vistas” risk preservation-related concerns from the removal; or

  • A tree is considered legislatively or by the General Manager as a heritage tree. 

A tree is allowed to be removed if:

  • It is in poor condition or poses health risks; 

  • Structural damage is being caused or is likely to be caused by the tree;

  • The tree is growing in such a way that limits maintenance or is otherwise “inappropriate”; 

  • The tree can be relocated; or

  • A legislative body has already slated the tree for removal. 

Impact:

Thanks to the bylaw and the city’s comprehensive urban forestry plans, 20,000 trees were added to Toronto’s private canopy between 2008 and 2018, and 27,000 more were planted from 2018 to 2024. A recent study of permit awardees found that 70% of respondents had complied with replanting requirements and that 94% of replacements had survived since planting. However, the study also concludes that there is additional work to be done in monitoring sites for compliance and ensuring replacement tree compatibility with the Toronto environment.

Additional Resources:

American Forests: “Tree Equity Score Analyzer takes root in Toronto.” (2024)

City of Toronto: “New tree canopy study shows increase in Toronto’s Tree Population.” (2020)

Conway, Khatib, Tetreault, and Almas: “A Private Tree By-Law’s Contribution to Maintaining a Diverse Urban forest . . . in Toronto, Canada.” (2022)