Burlington Tree Removal Permit: Rules, Fees & Arborist Reports

Understanding Burlington’s Tree Protection

Burlington’s Private Tree By-law 40-2022 is one of the more detailed tree protection frameworks in the GTA. It protects all trees with a trunk diameter of 20 cm or more on private property within the city’s Urban Planning Area. 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).

Burlington’s position along the Niagara Escarpment also means that many properties face a second layer of regulation from the Niagara Escarpment Commission, which has its own rules about tree removal and land alteration.

The Private Tree By-law

By-law 40-2022 replaced the former framework and brought significant changes to Burlington’s approach to private tree protection. 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) is protected. This is a moderately low threshold that captures most established trees on residential and commercial properties.

Significant Trees

Trees with a diameter of 75 cm or more are classified as “significant trees” under the bylaw. These receive additional scrutiny during the permit review process and face a higher replanting ratio (4:1). Applications to remove significant trees are more likely to be denied unless the tree is dead, dying, or poses a clear safety hazard.

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 are a different category: the permit is still required, 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 picture changes when tree removal is part of a construction or development project such as a new build, an addition, grading, or a pool. There, a Development Permit from the Niagara Escarpment Commission is typically required before municipal approvals, and you need to satisfy both authorities. Check the NEC’s online map to confirm whether a property falls within the Area of Development Control (the boundary was most recently 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, you need a permit. Check whether your property is within the Urban Planning Area (most developed areas of Burlington are) and whether it falls within the Niagara Escarpment plan area.

Step 2: Get an Arborist Report

Burlington requires an arborist report from an ISA Certified 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. For significant trees (75 cm+), a more detailed assessment is expected.

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. They may conduct a site visit. The city has noted that processing times can vary due to high application volume. There is no published standard timeline, so starting early is advisable.

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 typically 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

Do I need a permit to remove a tree in Burlington?

Yes, when the trunk measures 20 cm or more at 1.37 metres above ground and the property is within the Urban Planning Area. Smaller trees can come down without a city permit. Within the Niagara Escarpment’s Area of Development Control, a separate NEC Development Permit typically enters the picture only when the removal is part of a construction or development project; hazard and dead-tree removals are generally spared under Ontario Regulation 828/90.

What does a permit cost 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 tree.

Working with The Arborist Group

We prepare tree permit applications across Burlington and understand the interaction between the city bylaw and Niagara Escarpment regulations. Our reports are written to satisfy both authorities when needed, and we handle the full application package so you can focus on your project.