Burlington Tree Removal Permit: Rules, Fees & Arborist Reports

Burlington protects trees 20 cm and larger in the Urban Planning Area, excluding Halton woodland

Burlington’s Private Tree By-law 40-2022 protects all trees with a trunk diameter of 20 cm or more on private property within the city’s Urban Planning Area, excluding Halton woodland. The bylaw requires replanting on a tiered scale that rises with the size of the removed tree, has a multi-part fee structure, and includes special provisions for “significant trees” (those 75 cm and larger).

Part of Burlington sits in the Niagara Escarpment’s Area of Development Control, where the Niagara Escarpment Commission adds its own rules about tree removal and land alteration.

The Private Tree By-law

The bylaw prohibits removing, cutting down, or injuring a protected tree without a permit. It applies to all private property within the Urban Planning Area.

What Counts as a Protected Tree

Any tree with a trunk diameter of 20 cm or more at breast height (1.37 metres above ground, as the bylaw defines it) inside the Urban Planning Area, excluding Halton woodland is protected.

Significant Trees

Trees with a diameter of 75 cm or more are classified as “significant trees” under the bylaw. These face a higher replanting ratio (4:1). The City may refuse a permit to destroy a significant tree where there are reasonable alternatives to destroying it, and the permit holder must post the permit on the lot at least 7 days before any work starts.

Exemptions

The bylaw carves out several situations where no permit is needed:

• Routine pruning that maintains tree health
• Trees in a nursery or orchard
• Invasive species listed by the city
• Emergency work on a tree at imminent risk of failure, with written notice to the city within 72 hours and supporting documentation
• Trees under the care and control of the Royal Botanical Gardens or Conservation Halton

Dead, dying and high-risk trees still need a permit, but the application fee is waived. The bylaw defines a high-risk tree as one whose failure is not yet imminent, which is what separates it from permit-exempt emergency work.

Niagara Escarpment Considerations

Part of Burlington sits within the Niagara Escarpment’s Area of Development Control, where the Niagara Escarpment Planning and Development Act applies alongside the city bylaw. Whether that means a second permit depends on why the tree is coming down. Ontario Regulation 828/90 spares most ordinary removals from needing an NEC Development Permit: trees that are a safety hazard, trees dead or diseased or damaged by natural causes, cutting for the owner’s personal use, and routine pruning, provided the work complies with municipal tree bylaws and the Niagara Escarpment Plan’s land-use policies. In those cases, only Burlington’s permit applies.

The rule differs when tree removal is part of a construction or development project such as a new build, an addition, grading, or a pool. There, a Niagara Escarpment Commission Development Permit is required before municipal approvals. The NEC’s online map shows the Area of Development Control, last amended in May 2026. We prepare applications for both the city and the NEC so they can run in parallel.

How to Apply for a Tree Removal Permit

Step 1: Confirm the Tree Requires a Permit

Measure the trunk diameter at 1.37 metres above ground. If it is 20 cm or more and the property is inside the Urban Planning Area, excluding Halton woodland, you need a permit. Check whether your property is inside the Urban Planning Area Boundary (Schedule B of the Official Plan), because rural lands north of that boundary are outside the bylaw. Also check whether it falls within the Niagara Escarpment plan area.

Step 2: Get an Arborist Report

Burlington requires an arborist report from a qualified tree professional, such as an ISA Certified Arborist, a Registered Professional Forester or an ASCA Registered Consulting Arborist, as part of the permit application. The report should document the tree’s species, size, health, structural condition, removal justification, and any impacts to surrounding trees.

Step 3: Submit Your Application

File your application through the City of Burlington’s tree permit application portal. You will need:

• A completed tree removal permit application
• An arborist report
• A site plan showing tree locations
• Photos of the tree
• The processing fee ($54.00)

The issuance fee ($351.50 for 1-3 trees, plus HST) is collected upon approval.

Step 4: City Review

Burlington’s forestry staff review the application and arborist report.

Step 5: Replanting Conditions

Burlington’s replanting requirements are tiered by the diameter of the tree removed: two replacement trees for a tree of 20-35 cm, three for 36-74 cm, and four for 75 cm and up. Removing a 40 cm tree therefore means three replacement trees.

If you cannot accommodate replacement trees on your property, cash-in-lieu payments are $257.50 per tree.

Fees

Burlington’s fee structure has two components:

• Processing fee: $54.00 (paid at application, non-refundable)
• Issuance fee: $351.50 for 1-3 trees (paid upon approval)
• HST applies to both

Dead, dying, or high-risk trees are exempt from fees, though a permit is still required with supporting documentation.

Penalties

Burlington’s court fines accrue per day or part of a day that an offence continues: $500 to $100,000 for individuals and $1,000 to $100,000 for corporations on a first offence, with the minimums rising to $1,000 and $5,000 for subsequent offences. Where several trees are involved, each can carry its own fine of $1,000 to $10,000 with no cap on the total, and a special fine can exceed $100,000 to strip any economic advantage gained from the removal.

Development and Construction

For construction and development projects, tree removal is coordinated through the site plan approval process. Burlington requires a tree inventory, preservation plan, and individual removal permits for any protected trees that cannot be preserved during construction.

Common Questions

When Burlington requires a permit

A permit is required when the trunk measures 20 cm or more at 1.37 metres above ground and the property is within the Urban Planning Area, excluding Halton woodland. Smaller trees can come down without a city permit. Inside the Niagara Escarpment’s Area of Development Control, a removal for a construction or development project also needs an NEC Development Permit. Ontario Regulation 828/90 exempts hazard and dead-tree removals.

What a permit costs in Burlington

$54.00 at application, then $351.50 when the permit is issued for one to three trees, both plus HST. Dead, dying, and high-risk trees pay no fee, though they still need the permit.

What are the penalties for skipping the permit?

Court fines accrue per day: individuals face $500 to $100,000 and corporations $1,000 to $100,000 on a first offence, with higher minimums for repeat offences. Each tree can also carry its own fine of $1,000 to $10,000 with no cap on the total.

What are the replanting obligations?

Burlington uses a tiered scale: two replacement trees when the removed tree was 20-35 cm, three at 36-74 cm, and four at 75 cm and up, so a 40 cm tree means three replacements. If your lot cannot fit them, cash-in-lieu runs $257.50 per replacement tree.

Working with The Arborist Group

We prepare tree permit applications across Burlington. When a project needs both, we prepare the City permit and the NEC Development Permit together.