Toronto’s tree bylaw changes took effect on September 1, 2026. Council adopted the amendments on March 25 and 26, 2026 (item 2026.IE27.8), and By-law 402-2026 was enacted on April 23, 2026. The amendments create a formal category for very large trees, protect specified condition-planted trees from the day of planting, and add a pilot maintenance program. A separate 2026 operational update changes replacement ratios for bylaw contraventions.
The 30 cm DBH threshold for private tree protection stays where it is. A widely covered proposal to drop it to 20 cm is not part of these amendments and has no effective date.
The Distinctive Tree Category Has a September 1 Effective Date
A tree with at least one stem measuring more than 61 centimetres DBH (diameter at breast height, measured 1.4 metres above grade) is eligible for designation as a Distinctive Tree under new §813-11 and §658-1. The threshold is “greater than 61 centimetres.” A tree sitting at exactly 61.0 cm doesn’t qualify.
The designation isn’t automatic. The city’s Executive Director decides whether the tree is healthy and meets the definition. Once it does, two things change.
First, it becomes a mandatory review criterion. New §813-16.L requires the Executive Director to consider whether any tree named in a permit application qualifies as a Distinctive Tree before deciding on that application. This applies to both Chapter 813 private-tree applications and Chapter 658 ravine applications under §658-5.1.
Second, the Executive Director has discretion to refuse a permit to injure or destroy a Distinctive Tree. Council also directed staff to advise an applicant, as appropriate, to meet with Urban Forestry and consider amendments that protect the tree. That conversation is not a mandatory procedural step in every application.
If you’ve got a tree in this size range and any construction in the pipeline, get a certified arborist to assess and document the tree’s condition and diameter before filing. If work is planned near the root zone, check whether you need a removal permit, a permit to injure or both.
The city also announced a pilot program to help private owners with the cost of caring for large healthy trees above the 61 cm threshold. It launched as the Mature Private Tree Maintenance Grant (formerly the Distinctive Tree Maintenance Incentive Pilot) and pays up to $1,500 toward pruning by a qualified arborist. Applications run from October 15 to November 16, 2026, or until funds run out. The pilot runs through 2026 and 2027, and an outcomes report is expected at the Infrastructure and Environment Committee in 2027.
Newly Planted Trees Are Protected from Day One
If you’re finishing a development project or satisfying a permit condition with a replanting requirement, the new rules apply the moment those trees go in.
Effective September 1, a tree planted through specified enforcement actions or development approvals is protected from the moment it is planted. This includes planting tied to a variance, consent, site plan agreement or approval, Order to Comply, or permit condition. No size threshold or grace period applies.
The general rule ties protection to reaching 30 cm DBH. The amendment closes that gap for condition-planted trees. If you’re a contractor or property owner finishing a project with replanting obligations on or after September 1, treat those trees as protected once they are in the ground.
Because construction permit conditions require protection fencing during the work, the close-out rules described at when tree protection fencing can come down apply to condition-planted trees too. Protection conditions don’t expire on their own.
New RNFP Application Fees Share the Effective Date
By-law 402-2026 also amends Chapter 441, Fees and Charges, to add a new fee schedule for Chapter 658 (Ravine and Natural Feature Protection) permit applications, effective September 1, 2026. The mapped RNFP limit decides which fee applies. A tree inside the limit pays the ravine fee, not the Chapter 813 private-tree fee. A tree outside the limit pays the private-tree fee. A lot with trees on both sides of the line files both applications, and each tree pays the fee for its own side.
The new RNFP fees, per the amended Chapter 441, Appendix C, Schedule 20:
- Ravine tree, non-construction permit application: $87.57 per tree
- Ravine boundary or neighbour tree, non-construction permit application: $183.03 per tree
- Ravine tree, construction permit application: $262.72 per tree
- Ravine boundary or neighbour tree, construction permit application: $549.08 per tree
- Alteration of grade with no trees involved, permit application: $632.51
Contravention Replacement Gets Steeper for Large Trees
The City’s 2026 implementation plan changes the administrative replacement ratio for bylaw contraventions from a flat 5:1 approach to a diameter-based system. Replacement obligations for unauthorized removal now scale with tree diameter, starting at 5:1 and rising to about 23:1 for the largest trees. The City has not published the tiers. The ratios are not in the bylaw. The City applies them operationally, and its Tree Bylaw Review page says the change took effect on September 1, 2026.
Effective September 1, a new stump-diameter rule under §813-25.B.(5) applies. It is an enforcement rule. If a tree has been cut or damaged and its trunk cannot be measured at 1.4 metres above grade, a stump diameter of 40 cm or more at 0.3 metres above ground is enough to treat the tree as protected.
If you’re buying or developing a property where unpermitted removal has happened, budget for contravention ratios from 5:1 up to about 23:1. The replacement and cash-in-lieu overview explains how Toronto sets replacement conditions on permitted removals. Contravention ratios apply separately and are steeper.
The 20 cm Proposal Is Not Part of These Amendments
You may have seen coverage of a proposal to drop the private tree protection threshold from 30 cm DBH to 20 cm. It is not law. City Council endorsed the idea in principle, subject to a detailed analysis and implementation strategy to be reported back to the Infrastructure and Environment Committee in 2027. No effective date. The adopted September amendments retain the 30 cm threshold for other private trees.
Who the Adopted Changes Affect
The adopted changes affect your project if:
- You have a tree with a stem diameter above 61 cm, particularly near planned construction
- Your lot falls within a ravine-protected area and you have applications pending or expected in the next year
- You’re satisfying a replanting condition from a permit, variance, or Site Plan Agreement this season
- Unpermitted tree work has occurred on a property you’re purchasing or developing, and you need to understand the replacement exposure
A construction arborist report that includes the inventory and condition work gives Urban Forestry what it needs to assess Distinctive Tree status at the application stage.
For ravine lots with a Distinctive Tree in play, budget review time for the Executive Director’s mandatory consideration under the new criterion.
To talk through a specific project, contact us with the tree size, property location, and scope of planned work.