Garry oak rules across the CRD: when is a Garry oak protected?

Bylaw information checked November 12, 2026.

Yes. In almost every CRD municipality, a Garry oak is protected at a much smaller size than other trees. Some towns protect it from a few centimetres of trunk or under a metre of height, and a few protect it at any size, seedlings included. Removing, topping or heavily pruning one usually needs a municipal permit first.

Local bylaws treat Garry oak (Quercus garryana) as a special case. What changes from town to town is the size where protection starts and how much pruning you can do without a permit. The table below puts them side by side.

Why are Garry oaks protected?

Because the ecosystems it anchors are rare. The Garry Oak Ecosystems Recovery Team (GOERT) says these ecosystems were once common along the coast of southwestern BC, and less than 5% now remain in a near-natural condition. GOERT calls them some of Canada's most endangered ecosystems, home to more than 100 species at risk (GOERT, Best Management Practices for Garry Oak & Associated Ecosystems, 2013).

Today's seedlings and saplings are tomorrow's oak meadow. That's why many bylaws protect small ones.

Garry oak protection by municipality

Each bylaw name links to the official document. "DBH" is trunk diameter at breast height, usually measured 1.4 m above the ground. For the rules for all trees, see our CRD bylaw comparison table.

"Any size" means what it says. A self-sown oak seedling in a flower bed can be protected.

Can I cut down a Garry oak?

Usually not without a permit, and some towns allow removal only for set reasons, such as a dead or hazardous tree. Work that commonly needs a permit:

• Removal, even of a dead oak in Saanich, Central Saanich and Colwood.
• Topping. Most bylaws treat it as damage or cutting.
• Pruning over the limits in the table.
• Anything in the root zone: digging, trenching, fill, grade changes, paving or heavy equipment under the canopy.
• Construction nearby. Saanich requires a protection barrier when work comes within 4 m of a protected tree's drip line (s. 55 of Tree Protection Bylaw No. 9272).

Oak Bay's minimum fine for cutting, pruning or damaging a protected tree without a permit is $3,000 (Schedule B of Bylaw No. 4742).

Building near a Garry oak

Garry oaks handle construction badly. They're sensitive to root damage, soil compaction, grade changes and changes in water. GOERT advises keeping the ground under the canopy undisturbed, because roots spread at least as far as the branches, and notes that older trees adapt poorly to change (GOERT 2013).

Water is the one people forget. GOERT warns that over-watering weakens the root structure of oak trees, and recommends not watering these ecosystems apart from new plantings in their first season (GOERT 2013). In practice, keep new lawns and irrigated beds out from under an established oak.

On a building site, you'll want a tree protection plan. It sets the protection zone and fencing, plus measures such as tunnelling instead of trenching. Municipalities often ask for one with building or development applications that affect protected trees.

What should I do first?

1. Find your municipality in the table and measure your oak against the threshold. If it's close, ask the municipality.
2. Get an arborist assessment before you book work or submit plans. An arborist report confirms the tree's size, condition and options, and most permit applications ask for one. Oakstead tree permit reports start at $450 for one tree (plus GST).
3. Line up the hands-on work separately. Oakstead is consulting only. We assess, report and handle permits; we don't prune or remove trees. That work goes to vetted local partners and we take no referral fees.

For municipality-specific steps, see our Saanich and Victoria permit guides.

Not sure whether your oak is protected? Request a consultation and we'll tell you what your bylaw requires before any work starts.

This article is general information, not legal advice. Bylaws change; confirm current rules with your municipality.