Laws on Removing Trees in Hamilton, Ontario

Many trees within Hamilton, Ontario, are protected heritage trees.

Trees within Hamilton city limits are divided into two categories: public trees and private trees. In either case, the intention to cut down any tree must first be given planning and forethought. Many trees in the Hamilton area are deemed heritage trees and are protected by the forestry management plan. However, it is possible to have a public or private tree removed if the by-law guidelines are followed correctly.

Public or Private Tree

The city of Hamilton requests notice of tree removal on either private or public property. form -3 image by Rog999 from Fotolia.com

The first step in deciding if it is lawful to remove a tree in Hamilton is to determine whether it is a publicly, or city-owned, tree or if the tree is located on private property. In both cases, a form needs to be submitted to the city of Hamilton requesting removal of the tree, provided it is not more than a total of 25 trees needing to be removed.

Heritage Trees

A heritage tree is one with a circumference 18 inches or larger. freshly cut large logs image by Yali Shi from Fotolia.com

A Hamilton heritage tree measures 18 inches (45 cm) in circumference at breast height (4.5 feet high). Trees of this circumference or greater are not lawfully allowed to be cut down or destroyed. Unless the tree is diseased or dead, heritage trees are protected by Hamilton's Forestry Management Plan.

Lawful Tree Removal

Trees on public property will be lawfully removed by city workers upon approved request. cutting with chainsaw image by KtD from Fotolia.com

Once the city of Hamilton reviews and approves the request to remove a tree on public property, the city will provide its removal. Should the request be denied, the submitter will be notified. Trees on private property will be removed at the cost of the landowner once permission is granted from the city.

References

• City of Hamilton: Public Tree Removal Policy
• City of Hamilton: Private Tree Cutting By-Law