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.
When a Tree Permit is Required
Private property owners must apply for a Tree Permit before removing or injuring any tree that meets the following criteria:
- The tree is 15 centimeters or greater in diameter, measured at 1.37 metres above ground (diameter at breast height);
- The property is located within an Urban Area Boundary of the Town; or
- The tree is located on a property with a development application or a recent pre-consultation meeting for such an application.
Tree Permit Conditions
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)
Penalties for Unauthorized Tree Removals
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, 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.