Arborist Report Burlington: Tree Permit Requirements & 2-Day Turnaround

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 at a ratio of 1 tree per 10 cm of trunk diameter removed, 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 (1.4 metres above ground) 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 provides exemptions in several situations:

• Routine pruning that maintains tree health
• Trees in a registered nursery or orchard
• Invasive species listed by the city
• Dead, dying, or high-risk trees (no fee, but permit still required)
• Emergency situations (72-hour advance notice to the city required)

Niagara Escarpment Considerations

Properties within the Niagara Escarpment plan area are subject to the Niagara Escarpment Planning and Development Act in addition to Burlington’s tree bylaw. The Escarpment rules can be more restrictive, and a separate Development Permit from the Niagara Escarpment Commission may be required for tree removal or any site alteration.

If your property backs onto or sits within the Escarpment area, you need to satisfy two separate authorities before removing a tree. 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 1.4 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 ($52.50)

The issuance fee ($341.50 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 based on the diameter of the tree removed: 1 replacement tree per 10 cm of trunk diameter. For example, removing a 40 cm tree would require 4 replacement trees.

If you cannot accommodate replacement trees on your property, cash-in-lieu payments may be accepted. Contact the city for the current cash-in-lieu rate, as By-law 100-2025 amended the previous fee structure.

Fees

Burlington’s fee structure has two components:

• Processing fee: $52.50 (paid at application, non-refundable)
• Issuance fee: $341.50 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 imposes penalties ranging from $500 to $100,000 for individuals and $1,000 to $100,000 for corporations. The wide range reflects the city’s discretion based on the severity of the violation, the number and size of trees removed, and whether the removal was willful.

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.

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.