Private Tree Protection Bylaw

Research and analysis for issues and opportunities related to the current bylaw in early 2023.

Background information

Key facts about the current private tree bylaw

The current Private Tree Protection Bylaw regulates trees that are at least 10 centimetres (cm) in diameter on privately-owned lots greater than 0.2 hectares (0.5 acres). 

There are over 37,000 private lots in the city. The current by-law regulates about 2,000 of them. Most residential homeowners are excluded because their lots are smaller than 0.2 hectares. 

The City’s current tree canopy cover is about 23 per cent. Analysis done to assess how much of this canopy is regulated under the current bylaw found that:

• 50 per cent of the total tree canopy cover is regulated
• 19 per cent of the total tree canopy cover is unregulated 
• the remaining 31 per cent of the total tree canopy cover falls on public lands that are exempt from this bylaw (but are still subject to other municipal and provincial regulations and policies)

What's the purpose of this update?

The purpose of this update is to ensure the Private Tree Protection Bylaw can help the City, along with other planning tools, balance accommodating the required growth with protecting and enhancing Guelph’s tree canopy cover. 

The bylaw will be updated with consideration for:

• the need to accommodate more infill and compact development
• input from the community 
• other related laws and policies
• relevant precedents and best practices 
• resourcing available for bylaw implementation and enforcement 

Through this update we will explore opportunities to protect and enhance Guelph’s tree canopy cover on private lands for current and future generations.

Why is the bylaw being updated?

Guelph’s Private Tree Protection Bylaw has been in place since 1986 and was last updated in 2010. Since 2010:

• pressures on our tree canopy have increased as Guelph continues to grow, intensify and shift toward more compact forms of development
• enhancing tree canopy cover has been recognized as an important factor in building resilience to climate change
• important policies and regulations related to the current by-law have been updated

Review of the bylaw was also recommended through the City’s Urban Forest Management Plan. These factors have made updating Guelph’s current private tree protection bylaw a priority.

What is the intent of the current Private Tree Protection Bylaw?

The intent of the current bylaw is to protect and enhance Guelph’s tree canopy cover by:

• avoiding tree removals before developments are approved,
• encouraging the retention of regulated trees where possible,
• requiring a permit to remove or damage a regulated tree, and
• allowing inspectors to require replacement tree plantings and / or compensation when regulated trees are removed or damaged.

More about Guelph’s Private Tree Protection Bylaw

What does regulation mean?

In the context of Guelph’s private tree protection bylaw, it means that a permit from the City is required before undertaking any activities expected to result in the damage or removal of regulated trees. It also means that if the bylaw is not followed, the City can issue orders to stop work, issue fines and / or press charges.

Notably, the bylaw allows for regulated trees to be damaged or removed without a permit in special cases. Examples include activities within tree nurseries, cemeteries and where trees are certified (e.g., by an arborist) as being high risk or dead.

How many permits are issued a year?

As the current private tree protection by-law focuses on larger lots, the number of permits issued per year is relatively low (compared to other municipalities with bylaws regulating trees on all private properties). 

For the past three years Guelph has:

• issued between 10 and 15 permits per year; 
• denied one permit per year on average;
• approved between eight and 18 permit exemptions per year; and 
• identified a total of 17 permit violations, with charges laid in one of these cases and the others resolved outside the courts. 

What is captured by the current bylaw?

There are over 37,000 private lots in the city and the current bylaw regulates about 2,000 of them. These 2,000 lots account for less than five per cent of all private lots in Guelph but capture 45 per cent of the land area and 50 per cent of the total tree canopy cover.

The City’s current tree canopy cover is about 23 per cent. Analysis completed for this update found that under the current bylaw:

• 50 per cent of this tree canopy cover is regulated;
• 19 per cent of this tree canopy cover is unregulated; and 
• the remaining 31 per cent falls on public lands that are exempt from this bylaw (but are still subject to other municipal and provincial regulations and policies).