My neighbor's tree overhangs on our property and is a nuisance every year by constantly blupping our pool skimmer, and since it is a Maple tree which drops thousands of seeds, we ar constantly removing small trees … Faxed or scanned documents are NOT accepted at this time. Applications and exception requests can also be submitted by mail. 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. We Think So! If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over your property. Permits in Canada's Pacific province are free as long as a single tree is cut down per family, although the B.C. The property owner must sign an agreement that states they will re-plant a tree on their property. The original signed Undertaking and Release form must either be mailed or hand delivered to the Tree Protection & Plan Review Application Office. 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. Note: Permit application fee for owners living below the low-income cut off (LICO) as determined by Statistics Canada may be waived. Note: Payment must be in the form of a certified cheque, bank draft and debit or credit card (MasterCard or VISA). But in Ontario what happens is this. → Toronto: Tree Cutting Permit & Bylaws → Vaughan: Tree Cutting Permit & Bylaws Starting May 2, 2017, property owners in the town of Oakville must apply for a permit and an in-person consultation before removing any tree / trees that have trunks measuring 15 cm / 5.9 inches or larger in diameter. You may not go onto the neighbor's property or destroy the tree. This document also needs to be signed by a witness (who can be anyone other than the owner of the property). $91.00 for each additional tree over 3. If your tree is smaller than the specified DBH, you might be exempt from obtaining a permit to remove a tree. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. 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. 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. Any uncertainty regarding the location of the actual property line should be dealt with … You can cut back anything up to your property line. This exception applies to applicants of all ages, including senior citizens. It applies to trees on all land use … Aside from the aesthetic aspect, they also create shade and can be home to wildlife. 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. You would think so. 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. Branches and roots can create … 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. There is potential for trees to become hazardous if they are not well maintianed and we can’t let them fall apart naturally in an urban setting. 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. 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. City Fee for Removal permit application: $114.04 … A storm knocked down my neighbor's tree limb onto my property, damaging my house/car/swimming pool/yard furniture. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. 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. Can Trees and People Co-Exist in the City? There are some things to consider if you have a problem with a tree on a shared property line: Contact your district office by email to make payment arrangements. Urban Forestry makes the arrangements for appeal, including preparing a report for Community Council and informing the applicant of the meeting schedule. The tree doesn’t have to be re-planted in the same spot. City Fee for Removal permit application: $403.00 for removing 3 trees that are 15cm or over. In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. 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. If you believe that a tree on your property needs to be removed and the measurements surpass your municipality limit, you will require a permit from the city. If you're fortunate enough to find that the hedges reside solely on your property, you are within your rights to cut, trim or … 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). 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. A copy of the Urban Forestry report is available one week in advance of the meeting on the City of Toronto website. Yes. 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. The trunk is a key factor in such a case. We will also act on your behalf and submit the permit application required for tree removals. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. Which is why it … "You can cut your own Christmas tree on provincial Crown land." You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. If you want to remove more than that, you must get one of the following: A tree and vegetation … 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 … 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. Notice: All Urban Forestry services have resumed but they are being delivered differently. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement … You can only cut out the roots that are actually on your property, and you can't cut out the roots in such a way that you kill the tree if there's a way of removing the roots without killing the tree. 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