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Tree Removal Permit vs Permit to Injure: Which One You Need

Published June 20, 2026

A removal permit authorizes you to take a protected tree out entirely. A permit to injure authorizes construction activity that will affect a tree’s root zone or structure while the tree stays. In Toronto, both fall under the same formal document, called the “Application to Injure or Remove Trees” (form 41-0064), but what the city is approving is quite different in each case.

What Chapter 813 Actually Says

Toronto’s Municipal Code Chapter 813 protects any tree on private property with a trunk diameter of 30 cm or more at breast height (measured 1.4 metres above grade). The bylaw covers three types of regulated work:

  • Removal of the tree
  • Injuring the tree (which includes root cutting, significant grade changes within the root zone, and soil compaction from construction equipment)
  • Destruction of the tree by indirect means

The third category is how the bylaw catches construction damage that kills a tree years after the project ends. Root compaction from heavy machinery, utility trenching through the root zone, changes to drainage patterns: all of these can destroy a tree without anyone ever touching it with a chainsaw. Chapter 813 was written to cover those scenarios, not just straightforward removals.

What “Injuring” Means in Practice

An injury permit is what you need when construction will encroach on a tree’s protection zone without the tree being removed. The tree protection zone (TPZ) is a defined area around each protected tree, calculated based on its trunk diameter. Work within that zone requires municipal authorization, even if the plan is for the tree to survive.

Common situations requiring an injury permit:

  • A rear addition or garage that puts excavation close to a large tree’s root system
  • A new driveway or parking pad that crosses through the root zone
  • Underground utilities (gas, drainage, electrical) routed near a protected tree
  • Pool installation within root reach of a tree that will remain on the property

The key question is whether any proposed work falls inside the protection zone of a tree you intend to keep. If yes, you need an injury permit. If the tree is coming out, you need a removal permit. If both scenarios apply to different trees on the same property, you may need both.

When a Project Needs Both Permits

This is where many homeowners and contractors get tripped up. A single construction project can involve multiple trees, and each tree on a regulated site gets evaluated independently.

Say you are building a rear addition. One large maple sits directly in the footprint and has to come out. Two other maples sit along the property line and will remain, but the excavation zone comes within metres of their root systems. The first tree requires a removal permit. The two that stay require injury permits covering the construction work near their roots. You are filing one application package, but it authorizes two different types of work.

City staff assess each tree in a permit application individually. The report needs to address both scenarios. For trees being removed, the report justifies the removal. For trees being retained, it describes the protection measures and documents that the proposed work is unlikely to cause long-term decline. Those are different assessments requiring different information.

If you are unsure what type of report your project needs, the which arborist report guide walks through the distinctions between a standard removal report, a construction impact assessment, and a tree preservation plan.

The Application Process for Both

Under Toronto’s Chapter 813 permit process, the application form is the same regardless of whether you are removing or injuring. The differences show up in the supporting documentation.

For a removal permit:

  • Arborist report documenting species, diameter, health condition, and grounds for removal
  • Site plan showing the tree’s location relative to structures and property lines
  • Photographs

For an injury permit:

  • All of the above, plus a construction impact assessment showing how the work will intersect with the protection zone
  • A tree preservation plan specifying what protection measures will be installed before work begins
  • Often, a requirement for monitoring inspections during construction

The permit fee in Toronto is $142.31 per tree for a standard residential removal not tied to construction, and $425.75 per tree for construction-related applications, as of the City’s 2025 fee schedule; Toronto adjusts these fees annually. The fee applies to each tree regardless of whether it is being removed or retained under injury authorization. Processing typically runs 30 to 60 business days for straightforward applications. Applications involving the RNFP (Ravine and Natural Feature Protection) overlay take longer and require additional documentation.

RNFP Properties Add a Second Layer

If your property falls within a designated ravine or natural feature area under Chapter 658, the rules change. RNFP protection applies to trees of any size, not just those meeting the 30 cm threshold. Any construction that could alter the natural landscape in an RNFP area requires separate authorization, in addition to any Chapter 813 permit.

For homeowners on RNFP land, the distinction between injury and removal matters even more. The RNFP process scrutinizes construction impacts carefully, and an injury permit application in this zone needs to demonstrate that retained trees have a reasonable chance of surviving the project intact. City staff may conduct site visits and request additional environmental information before approving.

Properties near the Don Valley, Humber River corridor, Highland Creek, and the Scarborough Bluffs commonly fall under both bylaws at once. Check the city’s RNFP mapping tool before assuming only Chapter 813 applies.

How Tree Protection Fencing Connects to the Permit

An injury permit approval typically comes with conditions. Chief among them: tree protection fencing must be installed before any work begins. The fencing defines the boundary of the authorized protection zone on site, and its placement is specified in the arborist’s preservation plan.

Municipalities require fencing to be in place before grading, demolition, or excavation starts. A Stop Work Order is the common result when an inspector arrives and finds work underway without it. The tree protection fencing service covers installation and the arborist documentation the city needs to confirm the fencing meets specifications.

If your project has both removal and injury components, the fencing goes up around the trees being retained before the removal crew touches anything. Getting that sequence right keeps the project compliant from day one.

Getting the Application Package Right

The document that most often delays these applications is the arborist report itself. City reviewers in Toronto have specific expectations about what a construction impact assessment must address, and a report that covers removal adequately may not contain enough detail on retained trees to satisfy the injury portion of the application.

A few things to check before filing:

  • Every regulated tree on the property is inventoried, including those being retained
  • The report addresses protection zone calculations for retained trees, not just removal justification for those coming out
  • The preservation plan specifies protection measures and, where required, monitoring protocols
  • The application correctly identifies which trees are subject to removal authorization and which are subject to injury authorization

One submission covers both, but the arborist report needs to hold up for both types of work. A report that gets the removal right but skips the construction impact analysis for nearby trees will generate a request for additional information, which restarts the review clock.

If you are working through a Chapter 813 application that involves both tree removal and retained trees near construction, contact us before you file. We prepare reports that cover the full scope of what city reviewers need to see, which avoids the back-and-forth that slows most applications down.

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