Tree Protection

If any of the following conditions are met, then the tree is considered an exception to the By-law. There is no need to apply for a Private Property Tree Removal Permit if:

• The tree is located on a property outside of an Urban Area and not on Natural Environment Area lands or a property associated with a planning application.
  • Beamsville, Prudhommes, Jordan, Jordan Station, Vineland, Vineland East and Campden are considered Urban Areas. Tintern is considered a Rural Settlement Area.
• The tree is smaller than 15cm in diameter measured at breast height (DBH) and not within a Natural Environment Area. DBH is a standard metric in urban forestry, it is indicative of how wide a tree is at 1.37 metres above the ground. For reference, a tree with a DBH of 15cm would have a circumference of 47.1cm.
• The tree is on a property related to an active planning application or where a pre-consultation meeting occurred within the last 18-months. Trees on these properties are still beholden to the standards of the By-law, regardless of the property’s urban or rural status, but are processed through and governed by the site plan application process via landscape plans/tree protection plans instead of through the By-law's application portal. These trees are still governed by the same standards as in the By-law, but are just processed through a comprehensive framework alongside other aspects of site development rather than through the standalone By-law portal.

Differing from exceptions, trees that are exempt are those that do not meet the exception requirements, but do meet one of the following criteria outlined in Section 5 of By-law 2025-40, as the tree(s) is/are:

• Dead, diseased, or dying
• Threatening to human health due to poor structural stability

• Threating to damage a building or structure within their dripline

  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.

• Considered a nuisance tree as defined by the list in Schedule A of By-law 2025-40

  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.

• Identified under Ontario’s Invasive Species Act, 2015 (S.O. 2015, c. 22)
  • Currently, the Tree-of-heaven is the only tree listed under the act
• Necessary for the installation, provision, or maintenance of utilities
• Necessary for the construction, repair, or maintenance of drainage works
• Necessary for the installation, provision, or maintenance of a driveway or other access point

If the tree(s) planned to be removed match any of the abovementioned criteria, it is exempt from needing a permit for removal and an Exemption Letter will be distributed instead. An application still needs to be submitted for a tree to receive exemption status. Staff need to review the application in order to deem the tree officially exempt from requiring a permit, and an Exemption Letter needs to be received before removal can occur. Notably, trees that are granted exemption status and receive an Exemption Letter do not have to pay application fees and are not beholden to replanting or cash-in-lieu of replanting requirements.

Trees that do not meet the requirements to be an exception to the By-law and do not meet any of the exemption criteria are those that are healthy, non-invasive, and non-nuisance trees either within the urban boundary or on rural lands associated with a planning application/recent pre-consultation meeting or within the Natural Environment System/Area, that are greater than or equal to 15cm at DBH, and do not interfere with any of the infrastructure related exemptions listed previously. These trees are subject to application fees, replanting requirements, require a Private Property Tree Removal Permit to be removed or damaged, and potentially could require a replanting plan and security deposits depending on the quantity of trees removed.

Private property owners must submit an Application for Tree Removal on Private Property before removing or injuring any tree that meets the following criteria:

• Trees of any size within the Natural Environment Area
• Trees of any size, located on property anywhere within the Town, where a recent pre-consultation meeting, pending planning application, or future planning application submission is imminent.
• Trees greater than or equal to 15cm in diameter, measured at 1.37 metres above ground (diameter at breast height or DBH) within the Urban Area of the Town;
• Trees planted as a requirement of a permit issued under this By-law

Some of these trees may be considered exempt instead of non-exempt and no fees will be associated with the application. That will be determined during the applications review based on the information submitted by the applicant/arborist and the criteria listed in Section 5 of the By-law. Below is a more detailed assertion of what might constitute a tree being considered an exception, exempt from permit requirements, or considered non-exempt. Please see the tabs below.

Private property owners do not need to make an Application for Tree Removal on Private Property before removing or injuring any tree if:

• Tree pruning and maintenance is necessary to maintain the health and condition of the tree;
• Emergency tree work or removal is necessary due to there being an immediate risk for the tree to cause serious injury or damage to people or property;

Note: In the case of emergency tree removal, 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). In these instances, a Private Property Emergency Tree Removal Confirmation Letter will be delivered to the applicant after the fact to confirm the removal was permitted on the basis of an emergency and imminent failure.

• 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; and

Note: Injury or removal of trees equal to or less than 15 cm in DBH that are located within the Natural Environment System/Area, or located on properties where a recent pre-consultation meeting occurred, there is a pending planning application, or a future planning application submission is imminent, are  NOT excepted from the requirement to make an Application for Private Property Tree Removal, as trees of any size are protected by this By-law in these areas.

• Any tree(s) that meet any of the conditions within Section 3 of the By-law and is considered an exception to the By-law

The software the Town uses to administer the By-law as well as other planning applications and building permits is called Cloudpermit. This section will outline what steps you’ll need to take to create an account and start an application.

A: create your Cloudpermit account by clicking here to bring you to their launch page.

B: Once you’ve created an account, begin a new application by finding the large purple button.

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C: Select Lincoln, then select Planning Approval as the application type, and then hit the "Create Application" button.

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D: From the list of application categories, find and select “Application for Private Property Tree Removal”

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E: The property owner as well as the Arborist they are working with can start the application, and invite the other to be a party to the application, as both parties are needed to produce a complete application. Please select the correct radio button for whom is initializing the application.

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F: Create a new project. No need for a complicated title, your name or your client’s name & Private Property Tree Removal Application is sufficient.

G: Enter in the address of the property in which the tree is located, or use the map to scroll and select the property.

H: Confirm all the details of the application up to this point and then proceed to finish & create your application! This will land you on the main application page, where you will further enter details and upload supporting documents.

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The first thing you will notice on your application is the Parties to the Application pane. This is where you will enter information about all the individuals involved in your application. The possible roles are an Applicant, the Property Owner, and the Arborist/Consultant.

The applicant should be the person who is requesting the removal of the tree(s) and lives at or operates the property. One user can be assigned to both the Applicant and the Property Owner roles, if said user both lives at and owns the property. If you are a renter, part of a condominium corporation, etc., and thus are not the landowner, then you need to consult with the landowner before proceeding with the application, as you will require them being a party to the application to produce a complete application.

The application can be fulfilled by the Applicant, Property Owner, or the Arborist/Consultant. Notably however, the attribute information for each tree sought to be removed needs to be collected and provided by the Arborist/Consultant.

The application form is where the necessity of continuing with your application is screened, and where attribute information about each tree sought to be removed is collected.

The first section of this form helps to determine/confirm ownership of the tree, with two main concerns being screened for. First, if a tree is towards the front of your property there is a chance it is unknowingly within the Town of Region's road right-of-way and is thus owned by the Town or Region, this needs to be screened for. Second, Boundary Trees (Defined in By-law 2025-40 Section 1.9) are those where the trunk straddles multiple properties. It must be determined if the tree(s) sought to be removed are boundary trees, as if they are, a Boundary Tree Consent Letter needs to be signed by all ownership parties before the applicant can proceed. You can help determine ownership yourself for both of these concerns by utilizing the Tree By-law Community Map and can reach out to treebylaw@lincoln.ca for clarification/confirmation.

The second section of this form helps to screen if proceeding with this application is necessary or if the tree and property are exceptions to the By-law based on the criterium listed in Section 3. This is determined by filling in a few yes/no questions related to the exception criterium.

The third section of this form helps discern if the application will result in a Private Property Tree Removal Permit or a Private Property Tree Removal Exemption Letter, depending on if the tree(s) sought to be removed are considered exempt or non-exempt. This is based on the exemption criterium listed in Section 5 of the By-law.

The fourth and final section of this form intakes details about the tree(s) proposed to be removed so that Town staff can review said information. In this section, the arborist will be asked to input the following information for each tree sought to be removed:

1. Tree ID # - should correlate with the annotated map to be submitted alongside the form
2. Tree Species - common & Latin name
3. Tree Size - diameter at breast height (DBH) in cm
4. Tree Health Condition - good, fair, poor, irreversibly declining, or dead
5. Tree Structural Condition - an indication of any structural deficiencies (previous topping, codominant stems, shallow root system, etc.)
6. Tree Removal Reason - select from a preset list, or choose other and elaborate further
7. Additional information - any further details staff should be aware of not already captured in the previous questions
8. Assertion of Tree Exempt/Non-Exempt Status - please indicate to the best of your ability if the tree should be considered exempt or non-exempt, based on a combination of the trees biophysical attributes and the removal reasoning inputted above.

The following section outlines all the supporting documents that may need to be uploaded to deem an application complete. Only the required documents will have attachment dropboxes for them initially, after a preliminary review by staff, additional dropboxes will be added for the attachments that are not always required for every application.

1. Arborist Written Opinion (required)

   An Arborist’s written opinion is required to support all applications. This may be provided as a standalone word/pdf document, can be in the form of an email, or can be in the form of the arborist filling out the application form. If the arborist chooses to just fill out the application form, they can ignore the requirement to upload a document to that attachment dropbox. What’s more important than the format is that the arborist's written opinion must confirm for each tree the tree ID #, species, size (DBH), health/structure, and reason for removal. This document does not have to be a full formal arborist report. The document or email should include the arborists’ certification number, as well as have their name and company details listed on it.

2. Photos of the Site and Tree(s) (required)

   The applicant must submit photos of the tree(s) in question during leaf-on conditions (April - September). The following photos should be taken:

• A photo of each tree in its totality in context to the property from multiple cardinal directions (if possible)
• A close-up photo showcasing any disease or infection affecting the tree (if applicable)

3. Site Plan or Aerial Map (required)

   A site plan or aerial image of the property which marks the tree(s) being proposed for removal is required for the application. Marked up aerial imagery from free tools such as Google Maps is acceptable. Each tree sought to be removed should have a Tree ID # beside it that correlates to the attribute information provided in the arborist's written word.

4. Tree Replacement/Landscape Plan (if necessary)

   A detailed tree replacement/landscape plan is necessary if more than 3 non-exempt trees are being removed. To keep the onus for individuals low, they are not required to submit a plan produced by a landscape architect, but their Tree Replacement/Landscape Plan must be to the satisfaction of Town staff and should strive to include; parcel lot lines, extent of existing infrastructure (buildings, utilities, etc.), locations of replacement trees (details about the quantity required are found in Appendix B of the By-law), and the species of the replacement trees.

5. Tree Protection Plan (if necessary)

   On a similar note, if more than 3 non-exempt trees are being removed, then a Tree Protection Plan may also be required if deemed necessary by the Director of Planning and Development, for the purpose of ensuring the protection and retention of other proximate trees to the removal that may be impact by other site alteration activities.

6. Boundary Tree Consent Letter (if necessary)

   If the trunk of the tree(s) you are seeking to remove straddles the property line between adjacent properties, then you will need the written consent of the adjacent property owner(s) to proceed with the application. If you are unsure of the relation between the property line and any tree that is sought to be removed, you can make your own assessment using the Tree By-law Community Map and ask Town staff via treebylaw@lincoln.ca to confirm. The Boundary Tree Consent Letter can be downloaded by clicking here.

After confirming all parties to the application, specifying details about the trees proposed to be removed via the application form, and attaching all appropriate documents, you can sign-off on your application, deeming it finished. Once the application has been submitted, staff will conduct an initial review. This could result in the immediate issuance of a Private Property Tree Removal Exemption Letter, if all trees sought to be removed are confirmed to be exempt and there are no concerns with the application.

If deemed necessary, staff may also provide additional upload locations for other details/documents required to be collected for a complete application, such as:

• A Boundary Tree Consent Letter;
• A Tree Preservation Plan; and/or
• A Tree Replacement Plan

If all trees are exempt, and a Boundary Tree Consent Letter was the only thing inhibiting Exemption Letter issuance, then the Exemption Letter will be issued as soon as the Boundary Tree Consent Letter is received.

If staff have confirmed there are non-exempt trees sought to be removed, staff will begin a conversation with the applicant about:

• Alternative options to complete tree removal, such as strategic pruning
• The final assertion by staff regarding if each tree should be considered exempt or non-exempt
• The projected final cost of application fees, and the total quantity of replacement trees required if the applicant would like to proceed with removal of non-exempt trees
• What balance of the total quantity of required replacement trees the application will be planting, where they will be planting them, and how much cash-in-lieu would be required if not all replacements are able to be planted

After messaging with staff to confirm all details about the pathway forward the applicant would like to pursue and all documents are collected and confirmed to be complete, the application will be deemed complete and staff will issue a bill to be paid. Once payment is received, a Private Property Tree Removal Permit will be issued to the applicant. Please note that the permit is valid for 12 months and must be posted 2 days prior to removal of tree(s).

1. Application Fees

   Not all applicants will be charged a fee. Application fees and tree replanting requirements are waved for trees that receive exemptions. For non-exempt trees there is a $50 application fee per tree removed by individuals and a $200 application fee per tree removed by corporations.

2. Replanting Requirements

   Non-exempt trees are subject to replanting requirements. The number of replacement trees required is determined by the diameter at breast height (DBH) of each of the tree(s) proposed to be removed, as outlined in the chart below:

3. DBH of Tree Proposed to be Removed or Destroyed	Number of Replacement Trees Required
   15-19 cm	1
   20-29 cm	3
   30-49 cm	4
   50-59 cm	5
   60-69 cm	6
   70-79 cm	7
   ≥ 80 cm	8

For example: If you are removing two non-exempt trees, one with a DBH of 25cm and one with a DBH of 55cm then you would have a replacement requirement of 8 trees (3 trees for the 25cm tree + 5 trees for the 55cm tree). Replacement tree species shall be selected from the Town of Lincoln’s Approved Tree Planting List.

3. Cash-in-Lieu

   If there is insufficient space on the property for replanting the required replacement trees, applicants can inquire about replanting remaining trees on another property in the Town of Lincoln, and to the satisfaction of the Director of Planning and Development may replant off-site. If that is not possible either, applicants can provide a cash-in-lieu payment instead of replanting. This payment is on a per tree basis, and is in addition to the application fee. The rate is $250 per outstanding replacement tree for individuals, and $550 per outstanding replacement tree for corporations.

4. Security Deposits

   Additionally, a security deposit is required if 3 or more non-exempt trees are planned to be removed. This security deposit will be returned to the applicant once a final inspection of the replacement plantings is complete 2-years after planting. The rate for the security deposit is $250 per tree for individuals and $500 per tree for corporations.

A regulation that requires an application be submitted and a Private Property Tree Removal Permit or Exemption Letter be obtained prior to undertaking any work that will result in damage to or removal of any tree on private property within the urban area greater than or equal to 15cm in diameter at breast height (DBH). It is one tool that the Town can use to protect and enhance tree canopy cover, and to help build a sustainable community.

The intent of this By-law is to help protect Lincoln’s urban tree canopy while balancing the needs of property owners. Lincoln’s tree canopy cover as of 2021 was approximately 19% (22% if counting orchards) (Razaghirad, 2021; Niagara Region Data, 2021). According to Environment Canada, 30% canopy cover is the minimum threshold for a healthy environment.

Trees offer multiple environmental benefits, including improving air and water quality, carbon sequestration, managing stormwater, reducing urban temperatures, erosion control, and supporting biodiversity. Urban trees can even increase property values.

However, increasing levels of urbanization is putting pressure on Lincoln’s urban forest. The Town is experiencing common stresses like intensifying development pressures, expansion of impervious surfaces, pests/diseases, and impacts from climate change, which have historically contributed to the loss of urban tree canopy in many Southern Ontario communities. As such, the Town faces the need to further protect mature trees, which provide the most environmental benefits.

This By-law will protect and thus increase the town’s canopy coverage by:

• Discouraging clear cutting of trees for development
• Discouraging removal of healthy, non-hazardous trees and suggesting alternatives where possible
• Requiring replanting for the removal of healthy, non-hazardous trees
• Encouraging a culture of tree preservation at the core of local growth

No. If your tree receives and exemption (per Section 5 of By-law 2025-40), then a permit is not required for removal and thus there is no application fee required nor the prescribed requirement to replant or pay cash-in-lieu of replanting requirements.

No! If the reason for tree removal aligns with one of the exception reasons listed in Section 3 of the By-law, then you do not need to submit an application for staff to review and confirm your authorization to remove the tree(s). Your tree would be removable as-of-right which means that there is no permissions necessary to proceed with removal! 

While there are a few reasons a tree would be an exception to the by-law and it wouldn't apply, the most common two reasons the by-law would not apply to a tree and thus it's removal is permitted as-of-right are;

1. The tree is located on lands outside of a defined Urban Area, there is no current or future planning applications or pre-consultation meetings associated with the property (no big redevelopments are planned), and there is no overlap with the Natural Environment Area, and;
2. The tree is smaller than 15cm in diameter at breast height, and not on lands associated with current or future planning applications/pre-consultation meetings - or within a Natural Environment Area.

Residents that are unsure of if their removal is excepted from the by-laws requirements are encouraged to contact treebylaw@lincoln.ca to seek clarification from Town staff. 

Yes. Town staff need to verify that your tree(s) is/are exempt regardless of the applicant’s certainty. There will be no application fee or replanting requirements though if the tree is indeed worthy of exemption from the need for a Private Property Tree Removal Permit.

No, a full arborist report is never required for any application. In an effort to minimize cost to residents, town staff have deemed that an arborist’s written opinion (e.g. via email, or via the portal) will be sufficient. This written opinion must include: the tree’s location, species, size (DBH), health/structure, and reason for removal.

Property owners with permits for tree removal are required to have their permits posted in a location visible from the street at least 2 days prior to the tree removal being undertaken. Property owners with exemptions from the need for a permit are not required to post their exemption letter anywhere. There is no public database of permits and exemption letters for privacy reasons.

Concerned citizens can contact municipal law enforcement to inquire about and/or report on any presumed instances of non-compliance. Municipal law enforcement will then verify and report back to the concerned citizen regarding if said property has a permit and/or exemption for the tree(s) removed and/or damaged.

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.