Do I need a permit to remove a tree on my own property?
Often, yes. Most municipalities on the Saanich Peninsula and in Greater Victoria have their own tree protection bylaw. Under these bylaws, a protected tree usually needs a permit before it is cut down, even on your own land. Whether a tree is protected depends on things like its species, its trunk size and where it grows. A few areas, such as the District of Sooke and the Cowichan Valley Regional District (CVRD) electoral areas, describe no tree bylaw. A development permit can still apply there. Check the guide for your area before any cutting.
Do I need an arborist report to remove a tree in Saanich, Victoria or Oak Bay?
It depends on the tree and the project, but often you do. Saanich may require a tree survey, an arborist report or both with a tree cutting permit application. It also requires a report when development happens in or near trees. Victoria requires tree information with development-related applications, such as rezoning, subdivision and many building permits. Oak Bay's bylaw requires a Tree Permit issued by the District before you cut, top or prune a protected tree. The same applies to damaging its roots inside the drip line (the ground below the outer edge of its branches). The application must include any reports the District requires. Oakstead prepares reports to each municipality's requirements.
What size of tree is protected in my municipality?
It depends on where you live. Most bylaws protect any tree above a set trunk size, and protect some native species when they are much smaller. Trunk size is measured as diameter at breast height (DBH). Victoria protects trees over 30 centimetres (cm). Esquimalt, Central Saanich and Duncan protect trees of 30 cm or more. North Saanich protects trees of 20 cm or more, and Sidney protects trees over 60 cm. Saanich protects Douglas-fir, grand fir, bigleaf maple and western redcedar from 30 cm DBH, and other trees from 60 cm. Trees near water, on steep slopes or under a covenant (a written agreement registered on a property's title that can limit how the land is used) can also be protected.
Is a Garry oak or arbutus on my lot protected?
Often, yes. Many local tree bylaws protect these native species even when they are small. Langford is an exception: its bylaw does not single out species, and it applies to any tree of 20 centimetres (cm) or more in diameter, among others. Saanich protects Garry oak, arbutus, Pacific dogwood and Pacific yew from 2 metres tall or 4 cm in diameter. Victoria protects them once they are over 50 cm tall. Sidney protects Garry oak and arbutus from 3 cm in trunk diameter, Esquimalt from 4 cm at breast height, and North Saanich from 10 cm at breast height. Duncan protects them from 2 metres tall or 7 cm in diameter. Central Saanich, View Royal, Highlands and Metchosin also list both as protected species.
How do I measure a tree's diameter at breast height (DBH)?
Wrap a tape around the trunk at breast height and divide that number by 3.14 to get the diameter. Saanich, Victoria, Esquimalt and Sidney set breast height at 1.4 metres above the ground, while View Royal's bylaw uses 1.3 metres. For small native trees, Saanich and Duncan measure 15 centimetres (cm) above natural ground level instead. For a tree with several stems, Victoria adds together the diameters of the three largest stems. As an example, a trunk that measures 100 cm around is about 32 cm across. If a tree is close to a limit, an arborist can measure it for you.
Can I prune a protected tree without a permit?
Often you can, for light pruning done to good tree care practice, but the limits differ by municipality. Saanich generally allows basic pruning without a permit. You need one to prune a Significant Tree (a notable tree that Saanich lists in its bylaw and marks with a brass tag), a tree under a covenant or a tree's roots. Sidney allows pruning of up to 20% of the crown in a season. It needs a permit for any branch or root over 5 centimetres (cm) across, or 2.5 cm for arbutus, dogwood and Garry oak. Duncan limits pruning to 25% of the live crown in 12 months. North Saanich prohibits topping. Victoria may require a permit to prune a protected tree.
Are hedges covered by tree bylaws?
Sometimes. In Victoria, a hedge is a row of five or more similar trees planted less than 1.25 metres apart. A hedge is protected when any single stem is over 30 centimetres in diameter at breast height. Replacement planting is required if a protected hedge is removed. North Saanich's bylaw does not apply to hedge pruning done to sound arboricultural practice, meaning current tree care standards. Pruning that damages a tree is still covered. Duncan's limit on topping does not apply to a tree that is part of a hedge. In other municipalities, ask before you cut back a large hedge.
Can a hazard tree be removed without a permit?
Usually not. In most municipalities, a dead, dying or hazardous protected tree still needs a permit, although the fee may be waived. Saanich says dead or dying protected trees need a permit. Victoria charges no permit fee to remove only a hazard tree or a dead tree. Central Saanich charges no fee for a hazardous tree when there is no development application. Esquimalt's bylaw is an exception. It needs no permit for a hazard tree confirmed by a Qualified Tree Risk Assessor. The owner must report the cutting by the end of the next business day, with written reasons and photos. Esquimalt's Trees page says hazardous trees still need a permit, so confirm with the Township first. A tree risk assessment can document the tree's condition for your application.
What if a protected tree is about to fall?
Several bylaws allow emergency cutting of a protected tree in imminent danger of injuring people or property. You must tell the municipality quickly. Sidney requires a permit application within the next business day, and the wood must stay on the lot until the Town confirms the danger. View Royal requires contact within one business day, with photos. Esquimalt requires a report by the end of the next business day, with written reasons and photos. North Saanich requires notice and an application after the fact. Check your area guide for the exact rule.
What happens if a tree is removed without a permit?
You can be fined, and fines are often counted per tree. Esquimalt's bylaw sets a maximum fine of $10,000 on conviction, and each protected tree that is cut, pruned or damaged is a separate offence. Metchosin's 2013 bylaw consolidation sets a minimum fine of $500 for each tree cut without a permit, and up to $10,000 for each tree. In Central Saanich, each tree cut, damaged or pruned without a permit is a separate offence. The person must also pay $50 for each centimetre of trunk diameter into the District's Tree Planting Reserve Fund. Check the rules before any cutting starts.
What are tree securities and cash-in-lieu?
A security is money the municipality holds until required replacement or retained trees are confirmed. Cash-in-lieu is a payment made instead of planting replacement trees that will not fit. In Victoria, security can be cash or a letter of credit, and cash-in-lieu is $2,000 for each replacement tree that will not fit. Central Saanich asks for a $500 deposit per replacement tree and offers cash-in-lieu at $500 per tree. View Royal says its fee instead of planting is $700 per replacement tree. Amounts change, so confirm them with your municipality.
How do I get my tree security or deposit back?
Usually by showing that the replacement trees were planted and have survived, often for a year. Central Saanich holds its deposit for one year after planting and returns it once the trees are confirmed established. Langford returns half of its $400 deposit per tree once the tree is planted. It returns the rest a year after planting if the tree is still healthy. North Saanich returns its security once you report the planting and the District confirms the trees. Where a municipality asks for an arborist's sign-off, Oakstead's post-construction or security-release letter is $295, including the site visit.
Do I need a separate tree permit for a building project?
It depends on the municipality. In Saanich, tree work that is part of a development application does not need a separate tree permit, because Saanich Parks is informed through the development process. An arborist report is required when work happens in or near trees. In Victoria, development-related applications must include tree information and may need a tree permit. This includes building permits for an accessory building, such as a garden suite, or for an addition over 10 square metres. Oak Bay's bylaw has a Type 2 Tree Permit for this. It covers tree work that the bylaw otherwise prohibits but that is needed for work under a demolition or building permit the District has issued.
What if my area has no tree bylaw, such as Sooke?
You may still need a permit, depending on the site and the work. The District of Sooke describes no tree bylaw and says routine tree removal does not need a development permit. Removal near watercourses, shorelines or steep slopes, or as part of development, may need one. The Cowichan Valley Regional District (CVRD) says it has no tree cutting bylaw, but a tree in a development permit area (an area mapped in a community plan, such as land near streams, where extra permit rules apply) may need a permit. Any land-altering work within 30 metres of water also needs one first. The Capital Regional District's bylaw list for Juan de Fuca Electoral Area shows no tree bylaw.
Do trees on farmland in the Agricultural Land Reserve need a permit?
In Central Saanich, no. Tree removal on land in the Agricultural Land Reserve (ALR) is exempt from the permit requirement. The owner must give the District a written statement that the trees are being removed for an agricultural use. We have not verified how other municipalities treat ALR land, so ask yours before you cut.
Can I prune or remove the boulevard tree in front of my house?
Usually not on your own, because boulevard trees grow on municipal land. Saanich says you cannot prune a tree on municipally owned land, including boulevards and parks. In North Saanich, the District's Infrastructure Services department maintains trees on public property. In Central Saanich, a boulevard tree may be removed only if there is no other way to get access. Three replacement trees are then paid for at $750 each. Sooke takes concerns about trees on municipal land through its service request system.
Can I prune my neighbour's tree where it hangs over my yard?
It depends on your municipality's bylaw. In Esquimalt, you may prune overhanging branches less than 4 inches (about 10 centimetres) in diameter, and a larger limb needs a tree cutting permit. Cuts should follow International Society of Arboriculture (ISA) practices. In other municipalities, check your area guide or ask the municipality first. Legal questions about a neighbour's tree are for your lawyer or insurer. A tree appraisal can document a tree's value if it is damaged.
Is there a best time of year to remove a tree?
Where nesting birds are a concern, yes. The Cowichan Valley Regional District (CVRD) suggests tree cutting from mid-September to January, its low-risk period. Outside that window, it suggests a thorough nest search first. British Columbia's Wildlife Act makes it an offence, except as provided by regulation, to destroy a nest while it holds a bird or egg. The Act separately protects the nests of eagles, peregrine falcons, gyrfalcons, ospreys, herons and burrowing owls, without the condition that the nest holds a bird or egg. The CVRD says removing a nest tree needs a written permit from the provincial Ministry of Environment. A federal permit may also be needed.
How long does a municipal tree permit take?
It varies by municipality. North Saanich says to expect 2 to 3 weeks for review and permit issuance once it has a complete application. It also says not to book a contractor until the permit is issued. The permit must be posted where it can be seen at least 48 hours before work starts. Ask your own municipality for its timeline.