Tree By-Law

Tree By-law

We all have a role to play in protecting and maintaining trees well into the future. To help with that, the Town has updated our Tree Bylaw to protect trees on private property,the Tree By-law 33-2024.

The Town hasaTree Preservation and Replacement Guideto help property owners and applicants navigate tree protection as well as the application process.

The Tree By-law protects trees on private and public property within the Town's Urban Boundary and Natural Heritage System. If you live within the Urban Boundary, you will need to apply for a permit to injure or destroy (remove) a tree 30 cm in diameter or greater measured at 1.37 m from the ground. If your property is within the Town's Natural Heritage System, tree removal of any size will require a tree permit. Heritage trees or species at risk are also protected and may require additional approvals in addition to your tree permit.

The Tree By-law applies to property within the Urban Boundary and inside the Natural Heritage System of the Town of Fort Erie.

Using Geopedia, search for your address by clicking the looking-glass icon and then you may open in Property Manager to identify whether or not you fall within the Urban Boundary.

Yes

No

  • To Trees of any size within the Natural Heritage System;
  • Injury or removal of private trees less than 30 cm in diameter;
  • To Trees greater than or equal to 30cm DBH within the Urban Boundary;
  • Private tree maintenance;
  • To Trees of any size located on lands upon which there is pending an application for a plan of subdivision, a plan of condominium, a severance or consent, an Official Plan amendment, a Zoning Bylaw amendment, a minor variance, or a site plan approval;
  • If the private tree is in a nursery or orchard;
  • To Trees of any size located on lands upon which there has been a Pre-Consultation meeting held with the Town for a plan of subdivision, a plan of condominium, a severance or consent, an Official Plan amendment, a Zoning Bylaw amendment, a minor variance, or a site plan approval and the Pre-consultation Meeting was held no more than one year prior;
  • Emergency tree work provided supporting documents are supplied to the Town affirming the emergency. Please refer to the by-law for further details.
  • To Trees of any size identified as a Tree in a Tree Preservation Plan submitted as part of a development application;

NOTE - Public tree maintenance (e.g., pruning) must be done by the Town and can be requested.

  • To Replacement Trees planted as a requirement of a permit issued under the By-law.

Permit fees include consultation and administration and are as follows:

Fees

Tree Protection Fees

Deposit Requirements

$250 - A security deposit per tree (for owners who are individuals) required for each Replacement Tree to be planted and can be found in the Town of Fort Erie Consolidated Fee Schedule. The security deposit will be refunded once a final inspection of the replacement plantings is complete.

$500 - A security deposit per tree (for owners who are corporations) is required for each Replacement Tree to be planted and can be found in the Town of Fort Erie Consolidated User Schedule. The security deposit will be refunded once a final inspection of the replacement plantings is complete.

Off-Site Compensation


$1000 - Should replacement plantings not be able to be accommodated on the subject property off-site planting will be undertaken in consultation with the Town. Off-site planting locations for compensation vegetation will typically include Town-owned lands, such as parks, or areas identified for restoration.

Administrative Penalties

See Schedule A in By-law 33-2024.

Stay tuned for updates regarding our Tree Giveaway.

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