Background
As part of
Newmarket's Private Tree Protection By-law property owners are required to obtain a permit for removing trees on their property that have a diameter greater than 20 centimeters (8 inches) measured at 1.4m above ground. Private trees removed, destroyed or injured without a permit will be subject to a fine, fees, and compensation
What's the purpose of the By-law?
The Private Tree Protection By-law will protect mature trees in Newmarket. Trees are a capital asset and provide many environmental benefits such as removing air pollution, providing shelter and food for animals, reducing greenhouse gas emissions, minimizing erosion and more. It is estimated that trees:
- Help avoid more than 200,000 cubic meters of water runoff each year
- Reduce residential energy costs by more than $3,000,000 per year
- Remove 40 tonnes of air pollution per year and store 35,345 tonnes of carbon
The Private Tree Protection By-law will provide extra protection to trees in Newmarket and work alongside the Town's other tree protection bylaws and policies.
The protection of trees is also in line with Council's Strategy Priority, Environmental Stewardship and Newmarket's commitment to protecting the environment. The By-law contributes to ensuring decisions on municipal planning, development and operations will be viewed through the lens of a climate crisis.
The By-law will also allow the Town to assess the need to remove a mature tree on private property prior to it being removed. Mature trees are valuable assets to the community and need to be protected. The Town wants to work with the property owner(s) to explore alternatives, with tree removal being the last resort.
Private Tree Permit Application Process
Before applying for a tree removal permit, please follow these steps:
- Confirm that the tree you are looking to remove is 20cm or greater in diameter, measured at 1.4m
- Confirm ownership of tree you are looking to remove and ensure it belongs to you. You can find this information in a recent survey. If the trunk of the tree (not including the root flare) is in-between other properties, an agreement must be met by all property owners to remove the tree.
- Hire an arborist to prepare an arborist report for the tree you are looking to remove. The arborist can apply for the tree removal permit on your behalf if you provide them consent to do so.
After you have met all the requirements above, please follow the process below:
Complete the appropriate application form that is specific to your tree removal needs:
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Private Tree Removal (construction/non-construction)
- This application for property owners looking to obtain a permit to remove a privately-owned tree for construction and non-construction purposes. Construction includes any alternations, demolition, structural maintenance, repairs and more.
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Dead, Dying and Hazardous Tree
- This application is for property owners looking to obtain a permit to remove a tree that is dead, dying or hazardous.
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There are no fees for trees that are dead, dying, or hazardous, however a permit must still be obtained to remove the tree.
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Trees causing Property Damage
- This application is for property owners looking to remove a tree that is causing damage to their property.
2. Provide the supporting documents required for the application
3. Pay the application fee and submit it to the Town of Newmarket.
4. Once the application, appropriate fees and supporting documents are received, it will be reviewed by Town staff. Any compensation that applies to your application will be collected prior to the permit issuance
For more information on the application process, please email info@newmarket.ca
Private Tree Permit Application Fees and Charges (collected by the Town)
1. Administration fee (based on the number of trees removed
- $100 for 1 tree removed
- $300 for 2-4 trees removed
- $1,000 for 5-10 trees removed
- $5,000 for 11+ trees removed
2. Review fee: $100 per tree removed
3. Potentially compensation charges. Compensation can be in the form of replanting tree(s). If replanting is not possible or viable, applicants will be required to provide cash-in-lieu. The cash-in-lieu amounts are as follows:
- For non-construction removals: $300 per tree
- For construction related removals: $450 per 6cm tree not replanted
In some cases, a deposit could be required to protect other trees on the property (i.e. during construction)
Other charges for the Tree Removal Permit (not collected by the Town)
- Arborist report (the applicant is responsible for hiring an Arborist to complete the report)
- Cost to remove the tree by a professional
Reporting Illegal Tree Removal on Private Property
If you suspect a mature tree has been removed on Private Property without a permit, please contact the Town of Newmarket at
info@newmarket.ca or call 905-895-5193. An investigation will be conducted by the Town's Municipal Enforcement Officers.
Frequently Asked Questions
Resources
