Tree Protection

On January 10, 2024, Council adopted Tree Protection By-law 2024-02. The By-law repeals and replaces the former Tree Cutting By-law 2005-78.

Based on public comments received on Draft #1, a second draft of the Tree Protection By-law was prepared for consideration. Council provided direction to conduct additional public consultation on the draft by-law in Fall 2023. More information will follow on the additional public consolation.

It is anticipated that the final By-law will be approved and adopted in time for the 2024 tree cutting season.

The first draft of the Tree Protection By-law was presented to Council and the public on September 14, 2022. Town staff conducted public consultation on the first draft   including a survey hosted on Connect Penetanguishene, a public meeting, and two (2) open house sessions. The outcome of the public consultation is summarized below.

• Survey responses
• General comments
• Town staff response to comments

The comments were reviewed and the draft Tree Protection By-law was updated as appropriate.

The following summarizes some answers to frequently asked questions. Residents are encouraged to review the full draft Tree Protection By-law to gain a fulsome understanding of by-law.

Q: Does the Tree Protection By-law apply to my property?

A: The by-law applies to trees located on a lot with an area of 0.5 hectares or more, or on a waterfront property of any size.

Q: When do I need to obtain a tree cutting permit?

A: No person shall, within the boundaries of the Town of Penetanguishene, injure or destroy or cause or permit the injury or destruction of the following trees without first obtaining a Permit pursuant to the By-law:

1. Five (5) or more trees on a lot simultaneously, or the fifth tree or more trees in a given calendar year, each with a DBH between fifteen (15) cm and thirty (30) cm;
2. A tree with a DBH greater than thirty (30) cm;
3. Trees located on municipal property; and
4. Trees located in a woodland.

“Woodland” means an area greater than one hectare with at least,

• 1000 trees, of any size, per hectare,
• 750 trees, measuring over five centimetres in diameter, per hectare,
• 500 trees, measuring over twelve centimetres in diameter, per hectare,
• 250 trees, measuring over twenty centimetres in diameter, per hectare.

Q: When is a tree cutting permit not required?

A: A tree may be injured or destroyed, without applying for a Permit, where:

1. The applicant proposes to injure or destroy four (4) or fewer trees simultaneously, or in a given calendar year, each with a DBH between fifteen (15) cm and thirty (30) cm;
2. The tree has a DBH of less than fifteen (15) cm;
3. A tree having no living tissue, having 70% or more of its crown dead, or being infected by a lethal pathogen, fungus or insect (including the Emerald Ash Borer or the Asian Longhorned Beetle);
4. A tree which is Hazardous, and where required, a certificate issued by an Arborist, confirming this justification for Destruction or Injuring, has been submitted to the Director before removal orwithin 48 hours of removal in emergency situations;
5. A tree that is Destroyed or Injured as part of Emergency Work;
6. A tree certified by a building inspector or engineer as causing structural damage to a drain, loadbearing structure or roof structure;
7. A tree located on a rooftop or elevated podium, or in an interior courtyard or solarium, and likely to cause damage;
8. A tree growing in contaminated soil and, by its presence, preventing remediation of the contaminated soil, provided that proof of remediation efforts, is provided to the Director;
9. A specimen of invasive species Rhamnus cathartica (Common buckthorn), Rhamnus frangula (European or Glossy buckthorn), Alnus glutinosa (Black alder), Elaeagnus umbellate (Autumn olive), Morus alba (White mulberry), Robinia pseudoacacia (Black Locust), Alanthus altisima (Tree of Heaven), Pinus sylvestris (Scots Pine), Populus alba (White Poplar), or Lonicera spp. (non-native Honeysuckles);
10. A fruit tree that is capable of producing fruit for human consumption;
11. A tree which is part of:
12. a tree nursery business where trees are planted, cultivated and harvested for the purpose of live tree sales;
13. a Christmas tree plantation business where coniferous trees are planted, cultivated, maintained and harvested for Christmas celebration purposes; or
14. a cultivated orchard business where fruit or nut trees are grown and maintained specifically for the harvesting of their fruit or nuts;
15. A tree on lands used for cemetery purposes;
16. A tree on lands used for a golf course, provided that a Tree Management Plan has been submitted to, and approved by the Director; or
17. A tree on lands operated for a railway.
18. the activities or matters undertaken by a municipality or local board of a municipality;
19. activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994;
20. the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or their agent, while making a survey;
21. the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section,
22. the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act,
23. the injuring or destruction of trees undertaken on land 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 or a predecessor of that Act, and — on which a pit or quarry is permitted land use under a by-law passed under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended,
24. the injuring and destruction of trees which constitute a normal farm practice carried on as part of an agricultural operation, as so determined by the Normal Farm Practices Protection Board, pursuant to the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended or replaced from time to time,
25. the injuring or destruction of trees pursuant to a forestry development agreement pursuant to, or deemed to be pursuant to, the Forestry Act, R.S.O. 1990, c. F.26, as amended or replaced from time to time, or measures to prevent, retard, suppress, eradicate or destroy an infestation by a forest tree pest, taken by an officer pursuant to the said Forestry Act.
26. Conditions of approval for a Planning Act application apply.

Q: How do I apply for a tree removal permit?

A: An Owner who applies for a Permit shall submit the following to the Public Works Department: 

a) A completed application form, including all information set out in the Tree Planting and Management Guidelines, Schedule A; 

b) Payment of the application fee of $250 with an additional deposit as may be determined by the Director of Public Works;

c) The applicant shall submit a report prepared by a landscape architect or a qualified forestry consultant in accordance with the Tree Planting and Management Guidelines, that will form part of the Application, and which will provide a general visual assessment and categorization of the existing trees, set forth the reasons for the proposed destruction of the trees(s), shall confirm that the endangered, threatened or at risk species are not present, and shall include recommendations for preservation and protection of any trees to be retained; 

d) The application shall not be considered complete until such time as the requested report is submitted; 

e) The Director shall have the option of not requiring the report noted in Section 1.4(c) in special circumstances to be determined at their sole discretion; and

 f) Following receipt of an application, the Director or their designate may enter and inspect the lands upon which the tree is located and the submission of the application shall be deemed permission to so enter and inspect.

Q: How long is a permit good for?

A: A Permit shall remain in effect for twelve (12) months after the date of issuance. The Applicant may request, in writing to the Director, an extension to the Permit for a period of up to one (1) additional year, provided that the request is filed at least thirty (30) days prior to its expiry.

Q: I have an open building permit previous to 2024, does this By-law apply to my project?

A: A Permit is not required for the injuring or destruction of trees pursuant to an open building permit issued prior to enactment of this by-law (January 10, 2024), if the project in question complies with the provisions of the applicable Tree Cutting By-Law 2005-78 as it read on the day before the effective date of this By-Law

Q: What is the cost of a permit?

A: The permit application fee is $250 with an additional deposit as may be determined by the Director of Public Works.

Q: Has input from residents been received on the new By-law?

A: Public consultation was completed including a survey hosted on Connect Penetanguishene, a public meeting, and two (2) open house sessions. The results of public consultation are available on Connect Penetanguishene under the sidebar (right) menu.

Q: Is there a plan to plant new trees as a result of tree loss?

A: The permit application submission shall calculate the compensation for the injury or destruction of a tree required as a condition of a Permit, or required as a condition of an Order issued under this By-law as follows:

a) To replace individual trees at a ratio of 2:1 in accordance with the Official Plan and the Tree Planting and Management Guidelines; and

b) That if replacement planting is not achievable on the subject land, it can be substituted by a payment of cash in lieu in the amount of $500.00 per replacement tree.

Q: How will funds collected from cash-in-lieu of tree compensation be spent?

A: Council has adopted a policy to determine how tree compensation funds will be spent. The policy is available here. 

"Applicant" means the person who submits an application to the Corporation of the Town of Penetanguishene for a Permit to Destroy Trees pursuant to the provisions of this By-law;

“Application" means the application form to destroy trees;

“Arborist” means a person who is certified by the International Society of Arboriculture who has a diploma (minimum) in arboriculture or urban forestry;

“Council” means the Council of The Corporation of the Town of Penetanguishene;

“DBH” means the diameter of the stem of a tree measured at a point that is 4.5 feet (1.37 metres) above ground level;

"Destroy" means any act that renders, or which is likely to render over time, the tree unviable or compromise its life processes in such a way that it cannot survive, and "destruction" has a corresponding meaning.

"Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot as defined in subsection 164 (4) of the Municipal Act, 2001

“Director” means the Director of Public Works or their designate; 

"Emergency Work" means any work required to be carried out immediately in order to prevent imminent danger to life, health or property, and includes the Destruction or Injuring of trees required because of the state of the trees resulting from natural events (including lightning, wind, hail or extreme snow event) or unforeseen causes (including automobile accident), or to permit repairs to building structures or drains; 

"Harvesting" means the destruction of trees and may be either a single cut or a series of cuts, and shall include logging;

"Hazardous tree" means a dead or severely damaged tree that may pose a danger to persons or property; 

"Infestation" means infestation as defined in the Forestry Act, R.S.O. 1990, c.F26, as amended; 

"Injure" means any action that causes physical, biological, or chemical harm or damage to the tree, and injury shall have a corresponding meaning;

"Landscape architect" means landscape design professional who is a Full Member (Seal and Certificate) with the Ontario Association of Landscape Architects (OALA) in good standing;

"Municipal property" means any land owned, held, and or used by the Town of Penetanguishene, and includes, but is not limited to, road allowances, easements, boulevards, parks, conservation areas, highways, or rights-of-way;

"Municipality" means the Corporation of the Town of Penetanguishene;

"Officer" means an individual appointed by the Corporation of the Town of Penetanguishene to enforce the provisions of this By-law, and includes a municipal By-law enforcement officer;

"Official Plan" means the Official Plan of the Town of Penetanguishene, as amended or replaced from time to time; 

"Orchard" means an area of land of at least one-fifth hectare on which there are at least thirteen fruit trees and on which the number of fruit trees bears a proportion to the area of at least sixty-five fruit trees per hectare;

"Owner" means the person(s) or corporation(s) registered on the title of the land in the Registry Office or Land Titles Office;

"Permit" means the written authorization from the Director to destroy or injure tree(s), with or without conditions;

"Person" means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law; 

"Qualified forestry consultant" means a certified arborist or a registered professional forester; 

"Registered professional forester" means a member of the Ontario Professional Foresters Association as defined in the Professional Forester Act, 2000, S.O. 2000, c. 18; 

"Silviculture" means the theory and practice of controlling forest establishment, composition, growth, and quality of forests to achieve the objective of forest management; 

"Stop Work Order" or "Order" means an official document, issued pursuant to this By-law to stop the injury or destruction of trees; "Tree" means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity; 

"Tree Management Plan" means a plan prepared by a Landscape Architect, Arborist or Registered Professional Forester in accordance with Schedule A of this By-law, which includes measures required for the protection of trees that eliminate or mitigate the potential risk of tree damage; 

“Woodland” means an area greater than one hectare with at least, a) 1000 trees, of any size, per hectare, b) 750 trees, measuring over five centimeters in diameter, per hectare, c) 500 trees, measuring over twelve centimeters in diameter, per hectare, d) 250 trees, measuring over twenty centimeters in diameter, per hectare. But does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. A woodland is not limited by property boundaries. Specifically, if the Owner of a small parcel of a large woodland has requested a permit to destroy trees, the small parcel may be considered a woodland, even though it may not meet the area requirement on its own. If woodland status is in question, it is the responsibility of the applicant to determine status as part of the application.