2. Tree bylaws have traditionally worked by specifying that trees of commercial value must reach a certain minimum size before they are harvested (by setting minimum diameters of circumferences for such trees). To … A neighbor's tree has some branches growing over our fence and into our yard. As a result of habitat changes, disease and the ... can kill trees. statutory The overcutting that often results and the reduced genetic quality from diameter limit cutting will provide less and less revenue from the forest over time, as well as reducing ecosystem integrity. 15-125 (PDF, 533 KB), this tree becomes the City’s responsibility to maintain or remove in the future. You may cut any trees that are over a certain size (diameter) listed in the tree bylaw. ... in your front, back or side yards, you’ll need to submit an application to the community council in the area you reside. Except the trees were the unlucky cabin campers. Trees cut under Section 40 (Site Plan Control) or Section 50(6) (Subdivision Agreement) of the Planning Act containing provisions relating to tree cutting. See the link on this site to “List of Municipalities”. Under Hamilton’s Tree By-law No. Diseased trees can also become unstable, posing a risk should they fall in windy weather. No. Know Your Branch-Trimming Rights 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. In Ontario, however, the Ontario Court of Appeal has recently clarified that an obscure statutory provision, found in the Ontario Forestry Act [2], means that a “boundary tree” (a tree whose trunk straddles a property line) is jointly owned by both property owners. These practices are generally not appropriate for the hardwood and mixedwood forest types found in southern Ontario. When your rental property, ... but the landlord has the right to maintain their property and owns the tree that someone else cut down. A. Tree bylaws, educational programs and other initiatives are all part of a solution to maintain and enhance our natural environment and quality of life (for us and for future generations); A tree bylaw can reduce unfair competition from loggers who may conduct questionable forestry practices for financial gain; It is important to note that Tree bylaws do not prevent landowners or loggers from earning a living from private forests (or from cutting wood for their own use or practicing good forest practices); Tree bylaws enacted in adjacent jurisdictions can bring some of the worst loggers to your municipality; Competing land uses are putting additional pressure on private forest; and. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. You should be familiar with the by-laws to understand your responsibilities and avoid by-law violations. When beavers cut trees they can sometimes ... Beaver Baffler. Hamilton has several by-laws that ensure properties are kept to a minimum standard. (Note: that some municipalities no longer allow this type of harvesting.) Where trees are being cut down to facilitate building work, a recompense system is in place. Trees can be planted as close to the property line as one likes, but of course doing so carries risks. canopy You can't trim or cut down a municipal tree. Have you documented your efforts to ensure your trees are a reasonable risk and unlikely, in normal conditions, to cause harm to neighboring property? Most tree bylaws have a number of exemptions. You may cut any trees that are over a certain size (diameter) listed in the tree bylaw. The penalty is a fine of up to $20,000 or imprisonment for up to three months, in addition to any civil remedies. Since the late 1940s, the province of Ontario has granted municipalities the authority to regulate tree cutting in privately owned forests. Root systems and canopies can extend a great distance, and it appears that one boundary tree co-owned by someone interested in preventing redevelopment or simply holding a developer for ransom, will in many cases have a powerful tool to do so. Please enter your login details to access the OWA member content or click Create Account to register. Our e-Letter provides: up-to-date news on forestry issues both locally and from around the world, upcoming events and links to online forestry resources. You can report sightings and observations of invasive species through EDDMapS Ontario. Poor forestry practices have a negative impact on forest productivity and long-term revenue, wildlife habitat, forest health, water quality, soil protection and the local forest industry. 2539, at para 71. Encroachment is the unauthorized use of public land for personal purposes, such as placing a shed, fence or other structure beyond your property line. Reply. Instead, politely ask your neighbour to … [1]. Trees cut for “own use by a person who has been the registered owner of land for at least two years” (“own use” does not include any sale, exchange or other disposition of the trees that are cut); Rights or powers of any provincial legislation; Rights or powers of Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown; Trees growing upon any highway or upon any opened road allowance; Trees destroyed in order to erect any building, structure or thing in respect of which a building permit is issued; Trees planted and maintained for the production and sale of Christmas trees; Trees planted and maintained for commercial fruit or nut orchards; Trees cut by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or any person in his or her employ while making a survey; Trees on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; Trees destroyed in order to lawfully establish and operate or enlarge any pit or quarry on land that has not been designated under the Aggregate Resources Act; and. Although diameter limit cutting is considered to be high-grading (poor forestry practice), most tree bylaws limit the extent of high-grading and prevent inappropriate clear-cutting. Hazard Trees Any tree that does not meet the above criteria for cutting may be cut if it is deemed a hazard tree by your CEO, and other trees are planted to replace it. You will have to bear the cost and may also be fined. This provision appears to apply regardless of any of those facts, although there may still be creative solutions available, depending on specific circumstances. Your own property must be damaged. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can … As a result, resolving boundary tree issues in Ontario can no longer be considered a trivial afterthought, and will more likely require the assistance of an experienced lawyer in addition to an arborist. This is a common question, and usually the answer is no, not without a good reason. (Note: that some municipalities no longer allow this type of harvesting.) You own your property to the lot line. A. Before you plant the hedge, get a survey plan or, better, a boundary stakeout, so you know with 100% certainty that you’re planting it where you want it and you’re able to maximize the use of the rest of your property. It also makes no distinction between trees that have been intentionally planted or that have grown spontaneously, or between 100 year-old oaks and tiny weed-tree saplings. If trees on your property have grown close to power lines on the road allowance, please contact us at 1-888-664-9376. As a result, determining who will pay to have a tree pruned is a civil matter. Byron Shaw 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 there is a tree on public land that needs trimming or removal, please contact your city’s arborist to inform them of the issue and they will take action on your behalf. You may choose to cut trees in accordance with good forestry practices. Sure it may be sick, damaged or just badly placed, but there are rules and regulations to follow and council fines for cutting down trees illegally. You can put them back on their property, taking care not to cause any damage, or ask for them to be removed. You By If you are planning to cut down or remove trees within a Woodland and any Sensitive Natural Areas, you may need a permit from the Region. These are all municipal bylaws that restrict or prohibit the cutting of trees. Yes, THAT much. Click on the “support us” tab at the top of the website. Tree bylaws will contain both legislated exemptions, which are exemptions listed directly in the Municipal Act, as well as other exemptions that have been included by the municipality. Today’s tree bylaws also usually promote good forestry practices. A tree planted on your neighbour's land belongs to them, and they will be liable for any damage it causes. Western Canadian provinces allow locals to cut down a fragrant evergreen from Crown land to fill their living rooms with festive cheer during the Christmas season. Can I make my neighbour cut down their tree? You're not allowed to destroy more than what's on your property, and you are prohibited from entering your neighbor's property to cut down the tree. (Note: that some municipalities no longer allow this type of harvesting.) But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Generally speaking, the term tree-cutting bylaw is used in older bylaws, whereas forest conservation bylaw is used in more recent bylaws enacted by Counties or Regional Municipalities. Therefore he would be responsible to pay the actual cash value of the liability claim. If you think the branches of your neighbour’s tree are too close to your home, you can cut them back to the property line, as long as you do not injure the tree. There are two types of permits available: Good Forestry Practices Permit. Have you had the trees on your property properly assessed? If roots from a neighbour's tree are invading your property, you have the right to cut the roots out. property A. First, familiarize yourself with your responsibilities as a property owner. Please check your email and confirm the newsletter subscription. Consider becoming an OWA member, a Friend of the OWA or make a donation today. The Regional Municipality of Durham is conducting a comprehensive review of the Regional Tree-By-Law. developer The most commonly requested by-laws are listed below or you can read about all Hamilton By-laws. The City of Toronto does not regulate the trimming of trees on private property. Some tree bylaws have an additional requirement that you must not cut the forest below a certain density (e.g., 65 sq. You may have to pay a fine or face a legal action. If your neighbour has trees that overhang your property, you can trim them. If you knowingly or unknowingly plant a tree on City property, it is considered a gift to 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 remove the hedges as you see fit. Homeowners need permits to cut down trees in their own yards. their disease to others, resulting in large-scale problems. It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. Q.9 If cutting to a diameter limit (circumference) is not considered good forestry practice, then why is it an option under some bylaws? This includes birdfeeders, play equipment, wood piles, pools, trailers, composters and gardens. (3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act. Q.7 What if I am logging my own property? For example, if you wanted to cut a woodlot in order to expand an agricultural field, you would likely have to go through the minor exception process. The answer to this question greatly depends on the province in which you live. If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. © Copyright 2015 Ontario Woodlot Association. So you should have local lawyer near your cottage check your survey and do a title search to see if they followed the easement or whether they trespassed. You own your property to the lot line. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. [3] It therefore cannot be injured or destroyed without the consent of both owners. Q.10 What if I want to clear forested land or otherwise cut trees outside of the provisions in the tree bylaw? The answers are based on the Ontario Forestry Act and the Ontario Superior Court 2013 Ruling (upheld by the Ontario Court of Appeal 2015). If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. That includes knowing what are the municipal rules and by-laws for planting trees on your property.What's more: You must maintain your trees so as to not disturb your neighbours. [3] Hartley v. Cunningham, 2013 ONCA 759. adjoining lands If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Trees on your lawn that you think belong to you may in fact belong tot he municipality. This page has some helpful tips as well as a bylaw to regulate planting, maintenance and preservation of trees on or affecting public property (Public Tree Bylaw) which will help you ensure city trees near your home grow strong and have a long, healthy life.. A hazard tree is a tree that is dead, diseased, or dying, and has a target (it could damage people or property … Someone other than you must cut and remove the standing timber. In situations where an individual (neighbour A) refuses to prune the parts of their tree that are encroaching onto their neighbour’s (neighbour B) property, the neighbour whose property is being encroached upon has two options. In the urban development and real property context, this has the potential to be very problematic for developers. [2] Forestry Act, R.S.O. SIX SIMPLE THINGS you should know about boundary trees (also known as shared trees). However, for commercial logging, there are generally two main options available for harvesting: 1. Many property owners can handle minor trimming or pruning chores on small- or medium-sized trees. Can I cut tree branches that hang over into my yard? Trees on private property:These fall under the Private Tree By-law. Sure it may be sick, damaged or just badly placed, but there are rules and regulations to follow and council fines for cutting down trees illegally. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. Are you breaking the law by breaking the branches? Your neighbour the one cutting down the tree would be considered negligent and responsible for the damage. Regional Tree By-Law 31-2012 was last updated on June 27, 2012. It seems that you have already subscribed to this list. There are some things to consider if you have a problem with a tree on a shared property line: [1] Demenuk v. Dhadwal, [2013] B.C.J. Exemptions are situations under which the tree bylaw does not apply. +1 416-601-7783 Most municipalities require people to apply for a permit to cut or harvest trees. Tree bylaws have been traditionally written using minimum diameter limits because it is simple to understand and simplifies enforcement of the tree bylaw. Now, I googled the rules for the Tree Bylaw/Tree Permit and it turns out it doesn't regulate the injury or destruction of a tree on residential land. First, familiarize yourself with your responsibilities as a property owner. Reiterate your original complaint and tell city officials that if the tree is not removed you will take your complaint one step further. If a majority of the tree is overhanging their property and the council says it’s okay to remove the tree, then there is a good chance the disputes council with side with them. A. to Ontario. The Region is currently proposing some administrative and conformity amendments to the by-law. 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