Ottawa Tree Protection ByLaw
What is Ottawa’s Tree Protection By-law?
Ottawa’s Tree Protection By-law is now in effect as of January 1, 2021. The Tree Protection By-law combines the former Urban Tree Conservation By-law and the Municipal Trees and Natural Areas Protection By-law. The newly revised By-law regulates how tree protection will be enforced and provides a simplified and revised Permitting Process, as well as new tree removal provisions. If you are considering tree removal, you will want to ensure that you review any changes that may impact your proposal. You can learn more below!
The Tree Protection By-law in Ottawa applies differently depending on where the tree is located within the city. The regulations are divided into three distinct zones: Urban, Suburban, and Rural. Urban areas include Ottawa, Nepean, and Vanier, while suburban areas cover communities such as Kanata, Orléans, Barrhaven, Stittsville, Greely, and Manotick. All other parts of the Greater Ottawa Area are classified as rural. Each zone has specific guidelines and requirements when it comes to tree protection and removal, so it’s important to know which area your property falls under before proceeding with any tree-related work.
To apply for a tree removal permit in Ottawa, the application will require an arborist report. In many cases, the arborist report will take the form of a Tree Information Report (TIR).
If you are removing a tree that is on a property larger than one hectare, or that is being removed as part of a property that is undergoing a Planning Act application, the arborist report will typically be a more detailed Tree Conservation Report (TCR). There are three categories the reason for removal will fit into, which will dictate the level of detail required in the arborist report. For No Development removals—such as removals for tree condition issues or for a small construction project, like constructing a deck, pool, or a walkway—the TIR Short report will be required. For low-rise residential Infill Development removals that are not subject to the Planning Act, a TIR Full report will be required in the early stages of the application process, such as during the Committee of Adjustment and/or permitting phase. For any property larger than one hectare, or those involved in the Planning Act process, a Tree Conservation Report will be required, following the same standards that were set out in the former Urban Tree Conservation By-law. All reports must contain contact information of the property owner, the arborist preparing the report, and the contractor, if applicable, who will remove the tree.
A Short Tree Information Report typically contains basic details, including the species and diameter at breast height (DBH) of the tree, ownership of the tree, assessment of the tree’s health, its exact location, why it needs to be removed, and an arborist recommendation. There may be additional supporting documents if needed, and a photo of the tree might also be included. A Full Tree Information Report will include all details in a short report, in addition to further documents, which may or may not be included in a short report. Examples of this may include proposed tree protection and mitigation measures, confirmation of boundary trees (neighbouring property trees with critical root zones in work area), greater detail in the site or grading plans which must illustrate which trees are being removed, which trees are to be retained, where the critical root zones are located, the placement of proposed replacement trees, etc.
Recent changes to Ottawa’s tree removal bylaws have made a number of changes to the permitting process and requirement to notify the public. What had been referred to as a “Distinctive Tree Permit” is now called a “Tree Removal Permit.” The criteria for tree protection have changed as well; previously, any tree with a diameter of 50 cm or greater in an urban area would be protected. Now the new bylaws protect trees 30 cm or greater in diameter in urban areas, 50 cm or greater in diameter in suburban townships, and all trees owned by the city are protected regardless of size. In addition to this, instead of one permit covering different trees on the same property, a separate permit is required for each tree removal. A distinct new rule that has been implemented is to place a public notice directly on each tree about to be removed at least 7 days before removal for transparency and to engage the community.