Private Tree Removal

Emergency trees

Emergency trees are trees that have become structurally weakened to the point where there is a high risk for the tree to break or fall immediately. This situation often happens because of inclement weather, high winds or thunderstorms that normally occur 48 hours before the tree has been structurally weakened.

To remove an emergency tree, you need to: 

• Notify the Town of Newmarket via email at info@newmarket.ca. The review is treated as an urgent matter for quick confirmation. No application form required. 
• Include the following in your email:
  • Address
  • Contact information
  • Location of tree(s)
  • Photos clearly showing the damage

Emergency trees do not require an arborist report or fee payment. There are also no tree replacement requirements for removing emergency trees. 

Permit applications 

A permit is not required to remove a tree that has a diameter less than 20cm. However, the Town encourages residents to think of tree removal as a last resort as trees provide many benefits to the environment and community. 

To apply for a Private Tree Removal Permit, please complete a Private Tree Protection Application and submit it to info@newmarket.ca.

Private Tree Protection Application [PDF/336KB]

The time it takes to review and issue the permit depends on the complexity of your application. When reviewing your application, the Town will consider: 

• The condition of the tree
• The location
• The type of species it is
• Crown coverage of the ground
• Its ecological function
• Its ability to prevent floods
• Impacts on surrounding properties, such as loss of shade or privacy  

Once you get a Private Tree Removal Permit, you will need to remove the tree within one year. The Town can revoke the permit after the deadline to remove has passed. If you sell your property, you may transfer the permit if it is within a year of the permit issue date.

Arborist reports 

If you are removing a regulated or hazardous tree, you will need to submit an arborist report with your application. 

The arborist report is prepared by an expert in the care and maintenance of trees. This includes a person with a diploma or degree involving arboriculture from an accredited college or university, a Registered Professional Forester or an accredited Certified Arborist under the International Society of Arboriculture.

The arborist report provides specific information about the tree(s) for which a permit is being requested. The report is required to obtain a tree permit because it helps determine the legitimacy of tree permit requests. It is a third-party review of the tree's condition. The key element of the report describes the condition of the tree which could include information on the health, condition, structural integrity and vigour of the tree.

An arborist report must include:

• Percentage of total property canopy cover being removed
• Species of tree(s) being removed
• Diameter size of the tree(s), in centimetres, measured at the base of the tree and at breast height.
• Health/Condition of trees being removed
• Reason for removal
• Replacement recommendations (planting plan) to remove non-hazard tree(s)
• Arborist certification number

Fees and charges 

When applying for a Private Tree Removal Permit, the fees you are charged will depend on the number of trees you are removing and the reason you are removing them. Fees and charges include:

• 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  
• Application review fee: $116.50 per tree removed
• Cash-in-lieu compensation charges: 
  • For non-construction removals: $300 per tree
  • For construction related removals: $450 per 6 cm tree not replanted

Compensation can be in the form of replanting trees. If replanting is not possible or viable, applicants will be required to provide cash-in-lieu.

In some cases, a deposit could be required to protect other trees on the property (i.e. during construction)

There may be other fees associated with a Private Tree Removal Permit not collected by the Town. This includes the cost for: 

• An arborist report (the applicant is responsible for hiring an Arborist to complete the report)
• A professional to remove the tree

Permit refusal 

A tree removal permit can be refused for the following reasons:  

• An incomplete application (missing components)  
• The health of the Tree as determined by the Town's arborist and if the tree meets one of the following criteria:
  • In an environmentally sensitive area 
  • In an area where erosion or flood control will be negatively impacted 
  • In an area where there is an application for rezoning, consent to sever, a minor variance, a plan of subdivision or a site plan for the land has been submitted but has not received final approval from the Town. 
• Deemed inconsistent with an Approved Site Plan Agreement  

Trees identified for removal by the property owner are subject to other policies and By-laws in place.

When a tree permit is refused, the property owner can make an appeal to the Town of Newmarket within 14 calendar days of the refusal. You can make an appeal by submitting a written request to the Town of Newmarket by emailing privatetreebylawappeal@newmarket.ca. Appropriate fees will apply.

If the appeal is rejected by the Town of Newmarket, the applicant can submit a written request to the Town for their appeal to be considered by the Town of Newmarket's Committee of Appeals.   

Reporting an illegal tree removal

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 with the location of the tree removal and any supporting evidence you may have (photos, videos etc.). An investigation will be conducted by the Town's Municipal Enforcement Officers.   

Property owners that are found to have removed a tree on private property without a Private Tree Permit will be subject to penalties and/or fines set out under the Town's AMPS By-law. Members of the public found to have removed a tree without a permit will also be required to obtain a tree removal permit. 

Purpose of the Private Tree Protection By-law

The Private Tree Protection By-law protects 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 provides extra protection to trees in Newmarket and works alongside the Town's other tree protection by laws and policies, including: 

• The Public Tree Protection By-law
• The Wood-lot By-law
• The Tree Preservation, Protection, Replacement and Enhancement Policy
• The York Region Forest Conservation By-law 

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 allows 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 strives to protect private property rights wherever possible. However, after various rounds of public consultation and research, the Town believes it is appropriate to prioritize benefits to the community at large over individual property rights as it relates to the protection of trees. Staff have found that, generally, property owners are concerned about the welfare of trees; however, people are not always aware of how alterations to their property can injure, damage and destroy trees.