Toronto’s September 2026 tree bylaw amendments are now in force. If you’re filing a tree permit application in the city today, three changes from By-law 402-2026 apply to your project that didn’t exist a week ago.
Large Trees Now Get a Formal Review Category
A private tree with a stem measuring more than 61 centimetres DBH (diameter at breast height, measured 1.4 metres above grade) can now be designated a Distinctive Tree under Municipal Code §813-11 and §658-1. A tree at exactly 61.0 cm doesn’t qualify; it has to exceed that number.
The designation isn’t automatic. Toronto’s Executive Director of Urban Forestry decides whether a tree is healthy and meets the definition. But under new §813-16.L, the Executive Director must now consider whether any named tree in a permit application qualifies as a Distinctive Tree before deciding on that application, whether it’s a standard Chapter 813 removal or injury permit or a Chapter 658 ravine application under §658-5.1.
For a homeowner, this means a large tree on the property is no longer just a line item on the arborist report. If Urban Forestry determines your tree qualifies, the Executive Director has discretion to refuse a permit to injure or remove it, and staff may direct you to meet with Urban Forestry to discuss design changes that protect the tree instead. Get a certified arborist to measure and document the tree’s diameter and condition before you file, so the application already answers the Distinctive Tree question rather than stalling on it partway through review.
Trees Planted Under a Permit Condition Are Protected the Moment They Go In
If your project includes a replanting requirement tied to a variance, consent, site plan agreement, Order to Comply, or permit condition, those trees are now protected from the day they’re planted. No size threshold, no grace period. Before this amendment, protection under the general rule only applied once a tree reached 30 cm DBH, which could take years.
The ordinary 30 cm threshold for other private trees hasn’t changed. This protection applies specifically to trees planted to satisfy an enforcement or development condition. If you’re closing out a project with a replanting obligation, treat those saplings as protected under Chapter 813 the day they’re in the ground, and keep any required protection fencing up until Urban Forestry formally releases the condition.
A Maintenance Incentive Pilot Is Open for Large Tree Owners
Alongside the bylaw changes, the City has launched the Distinctive Tree Maintenance Incentive, a pilot program to help owners with the cost of maintaining large healthy trees above the 61 cm threshold. An outcomes report is expected back at the Infrastructure and Environment Committee in 2027. Eligibility and application details weren’t published as of our last check; the City’s tree and ravine protection permits page is the place to confirm current terms before assuming a project qualifies.
What This Means for Your Permit Application
Filing a permit today means one more question to answer up front: does any tree in scope exceed 61 cm DBH. If yes, the arborist report needs a diameter measurement and condition assessment for that tree specifically, not just a general inventory entry.
The tree protection zone calculation hasn’t changed. If a Distinctive Tree survives the application, the same DBH-based TPZ table still sets the minimum protected radius around it, and ravine-area trees still get double the distance or the drip line, whichever is greater. Our Toronto tree permit guide covers the rest of the application: Chapter 813 and Chapter 658 requirements, fees, and what the arborist report needs to include.
Getting a Large Tree Application Right
If you have a tree over 61 cm DBH and construction planned nearby, get the diameter and condition documented before you file. A construction arborist report that includes a Distinctive Tree assessment gives Urban Forestry what it needs to make the §813-16.L determination without sending the application back for more information.
To talk through a specific tree or project, contact us with the trunk diameter, property location, and scope of planned work.