The Town’s Private Property Tree By-law No. 2025-40 protects trees located on private property within the Urban Areas of Lincoln. The by-law helps to grow and maintain a healthy urban tree canopy by ensuring that tree removals are reviewed and approved in a responsible and transparent way.
Apply for a Tree Permit
Private property owners must apply for a Tree Permit before removing or injuring any tree that meets the following criteria:
- Tree(s) of any size within the Natural Environment Area
- The Tree(s) is 15 centimeters or greater in diameter, measured at 1.37 metres above ground (diameter at breast height, DBN) within the Urban Area of the Town;
- Tree(s) of any size, located on property anywhere within the Town, where there has been a development application or a recent Pre-Consultation meeting held; and
- Replacement Tree(s) planted as a requirement of a permit issued under a By-law
The Town may issue a written Exemption Letter for the injury or removal of a tree that meets the criteria below. In these cases, property owners must still apply for a Tree Permit before removing or injuring the tree, however application fees and tree replacement requirements will be waived.
- Tree(s) which are identified as dead, terminally diseased, or pose a hazard to human safety or property
NOTE: Emergency tree removal (where there is an immediate risk for the tree to cause serious injury or damage to people or property) - A permit for an emergency tree removal is not required, but you must notify the Town as soon as possible.
- Tree(s) which are considered a Nuisance Tree species
Note: Injury or Removal of Nuisance Tree species on properties where there has been a development application or recent Pre-Consultation Meeting are NOT exempt.
- Tree(s) which are identified under the Ontario Invasive Species Act
- Tree(s) which are located within the dripline of an existing building and removal is necessary for maintenance or repair;
- Tree(s) removal is required to install, provide or maintain utilities;
- Tree(s) removal is required for the construction, repair or maintenance of drainage works under the Drainage Act;
- Tree(s) removal is required to install, provide or maintain driveway, where a Building Permit has been issued, provided that all reasonable alternatives and design options have been explored to minimize or avoid impacts to a tree.
Private property owners do not need to apply for a Tree Permit before removing or injuring any tree that meets the following criteria:
- Tree pruning and maintenance that is necessary to maintain the health and condition of the tree;
- Emergency tree work or removal, where there is an immediate risk for the tree to cause serious injury or damage to people or property;
The property owner must notify the Town as soon as possible, with documentation including but not limited to an arborist opinion, if available, and photographs of the tree and distance to building(s).
- The Town has issued a Property Standards Order or Lot Maintenance Order for the removal of a Hazardous Tree;
- Removal of Tree(s) with a diameter less than fifteen (15) centimeters at Diameter Breast Height
Note: Injury or Removal of Trees less than 15 cm DBH on properties where there has been a development application or recent Pre-Consultation Meeting are NOT exempt.
Tree Permit Application Fees:
- $50 (Individuals) for each tree removed
- $200 (Corporations) for each tree removed
- No fee – Where the Town issues a Tree Permit Exemption Letter
*Note additional fees may apply if work has already commenced or if additional site inspections are required.
Replacement Trees and Security Deposits:
Replacement Tree Planting(s) may be required as a condition of removal. A security deposit is required for each replacement tree when three (3) or more trees are being removed.
The security deposit will be refunded once a final inspection of the replacement plantings is complete.
- $250 (Individuals) deposit for each replacement tree
- $550 (Corporations) deposit for each replacement tree
Off-Site Compensation:
The Town may allow a cash-in-lieu payment as an alternative to Replacement Tree Planting, if it is determined that there is insufficient space on the property for re-planting, at a fee of:
- $250 (Individuals) for each replacement tree
- $550 (Corporations) for each replacement tree
A permit may include requirements such as:
- An arborist’s written opinion that identifies the tree and described the reason for removal
- Supporting photos and aerial map of the tree
- Replacement tree planting(s) on the property or cash-in-lieu of replacement
- Security deposits (when three or more trees are proposed for removal)
- A Tree Preservation Plan or Replacement Plan (when three or more trees are proposed for removal)
Removing or injuring a regulated tree without a permit is a violation of this By-law. Under the Town’s Administrative Monetary Penalty System (AMPS):
- Municipal Law Enforcement Officers may issue immediate penalties for unauthorized tree removals, stump tampering, or non-compliance with permit conditions.
- Penalties range from $200 to $2000 per tree, depending on the violation and whether it is a repeat offence.
- Serious or repeat offences may also result in fines under the Provincial Offences Act, up to $25,000 for individuals or $100,000 for corporations, in addition to potential court orders requiring replanting or land rehabilitation.
