Toronto adopted tree bylaw changes with an effective date of September 1, 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
For large trees on private property, the amendments establish a formal category effective September 1, 2026.
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, understand what the distinction between a removal permit and a permit to injure means for your project. A well-documented condition report is what any application involving a Distinctive Tree will need.
The city also announced a 2026 pilot program, the Distinctive Tree Maintenance Incentive, to help private owners with the cost of caring for large healthy trees above the 61 cm threshold. The adopted staff report budgets an estimated $50,000 for roughly 20 to 25 sites, with up to $1,500 per site toward eligible maintenance costs. Application forms and opening dates were still being finalized as of August 2026, and an outcomes report is expected at the Infrastructure and Environment Committee in 2027.
Newly Planted Trees Are Protected from Day One
This one catches people by surprise. 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.
The 30 cm threshold stays in place for other private trees. The September amendments restructure the framework, they don’t replace that general threshold.
Because permit conditions usually require protection fencing during active construction, 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 does more than add the Distinctive Tree category. It 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. These fees are separate from, and in addition to, the existing Chapter 813 private-tree fees.
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
If your project involves ravine work in addition to standard tree removal, budget for both fee schedules. The RNFP fee applies to the Chapter 658 application; it does not replace the Chapter 813 fee if a tree removal is also involved.
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 will scale with tree diameter, starting at 5:1 and increasing for larger trees, though the City has not published specific diameter tiers on its public review page. That page does not give this operational update a September 1 effective date.
Effective September 1, a new stump-diameter rule under §813-25.B.(5) applies. If a 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 establish that the tree was protected.
If you’re buying or developing a property where unpermitted removal has happened, the replacement obligation under the new system could be significant. The replacement and cash-in-lieu overview explains how Toronto’s permitted-removal replacement ratios work. 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’s 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.
The current baseline: private trees at 30 cm DBH or larger generally need a permit before injury or removal. The September amendments leave that threshold in place. Plan against what is in force, not what may follow a 2027 report.
Where These Changes Come From
City Council adopted the amendments on March 25 and 26, 2026 under item 2026.IE27.8. By-law 402-2026 was enacted on April 23, 2026. The relevant amendments to Municipal Code Chapters 813 and 658 have an effective date of September 1, 2026.
The changes were referred through the Infrastructure and Environment Committee before the full Council vote. The Distinctive Tree Maintenance Incentive, announced alongside the amendments, operates as a 2026 pilot program with an outcomes report expected back at the same committee in 2027.
Getting Your Large Tree or Ravine Project Right
If any of the following apply, the adopted changes may affect your project:
- 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
For Distinctive Tree situations, get a current condition assessment and diameter measurement before any application is filed. 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. For projects with replanting conditions, treat the planted trees as protected from day one.
To talk through a specific project, contact us with the tree size, property location, and scope of planned work.