North Saanich Tree Protection Bylaw and tree permits

The District of North Saanich Tree Protection Bylaw No. 1548, 2022 was finally passed and adopted on October 3, 2022. The District's Trees page says it came into effect that day. The bylaw repeals the older Tree Protection By-law No. 935, 1999.

The Trees page links to the bylaw as a PDF (Portable Document Format) file. One answer on that page still calls it a new draft bylaw. The rest of the page says it was adopted, and the bylaw text records its adoption.

Under the bylaw, no one may cut, damage or remove a tree it covers without a tree permit, unless an exemption in section 4 applies. The Trees page says a permit is required to remove any regulated tree.

Provincial law allows this kind of rule. The Community Charter lets a council regulate, prohibit and set requirements for trees by bylaw.

In a few places the Trees page and the bylaw text say different things. Where they differ, this guide gives both.

The bylaw defines the trees it covers. Trunk size is given as DBH (diameter at breast height). That is the width of the trunk at a set height above the ground.

The bylaw sorts the trees it covers into two groups. The last five items in the list below are protected trees. Any other tree with a DBH of 20 cm or more is still covered by the bylaw, but it is not a protected tree. The difference matters for removal permits, explained further down this page.

A significant tree is one with a DBH of 60 cm or more. Cottonwood, red alder and Pacific willow never count as significant trees. They are still covered from 20 cm, like other trees.

A nesting tree is one with signs of nesting or use by osprey, a heron colony, or raptors as defined in the provincial Wildlife Act.

• Any tree with a DBH of 20 centimetres (cm) or more. These trees are covered, but they are not protected trees unless they also fall in one of the groups below
• Arbutus, Garry oak, Pacific dogwood, Pacific or western yew, and shore or lodgepole pine, from a DBH of 10 cm. These are protected trees
• Any tree with a DBH of 10 cm or more in a development permit area that protects the natural environment or protects development from hazards. These are protected trees
• Significant trees, with a DBH of 60 cm or more. These are protected trees
• Nesting trees, replacement trees, and trees kept or replaced as a requirement of a subdivision application, preliminary layout acceptance, or a development, blasting, building, fill or plumbing permit. These are protected trees
• District trees of any size, meaning trees on land the District owns, occupies or leases. These are protected trees

The District says to measure DBH 1.4 metres (4.6 feet) above the highest point of natural ground. Measure the distance around the trunk at that height, then divide by 3.14.

For a tree with more than one stem, measure the three largest stems and add their DBH values together. That total is the tree's DBH.

For example, a single trunk that measures 63 cm around has a DBH of 63 divided by 3.14, or about 20.1 cm. That is above 20 cm, the general size in the bylaw. A trunk that measures 62 cm around has a DBH of about 19.7 cm. That is below 20 cm, so check the other categories in the list above.

The bylaw does not apply to pruning trees or hedges when the pruning follows Sound Arboricultural Practice. The bylaw defines that as the current ANSI (American National Standards Institute) tree care standard and the matching ISA (International Society of Arboriculture) best management practices.

The Trees page gives crown lifting and window pruning as examples of pruning allowed without a permit, as long as it does not damage the tree.

Some pruning counts as damage under the bylaw, so it needs a permit. One example is lift pruning that leaves the live crown (the green branches) on less than 50 percent of the tree's height. Another is removing more than 25 percent of the live crown in any 12 months.

Topping also counts as damage. The bylaw describes it as removing major parts of the crown by cutting branches to stubs or cutting the main stem. The Trees page says topping is prohibited.

The bylaw does not apply to re-topping a tree that was topped before, if the re-topping does not damage the tree. The Trees page says a topped tree can be re-topped with a permit if it creates a high or extreme risk. Check with the District before you re-top a tree.

Section 7.4 of the bylaw lists the cases where the Director may issue a permit to cut or remove a tree, including a protected tree. The bylaw says the Director may issue a permit in these cases. It is not automatic.

Section 7.3 covers a tree that is not a protected tree. The list of which trees are protected is in the section above. The Director may issue a permit if the lot keeps enough trees to meet the Tree Minimum of 50 trees per hectare. No more than 12 trees per hectare (5 trees per acre) may be removed in one connected group in a calendar year. This does not apply to protected trees.

• The tree will be critically impacted by the construction of a principal building
• The tree will be critically impacted by a building, structure or other improvement that is not a principal building. That work must not be able to be changed or moved elsewhere on the lot to keep the tree.
• The tree is a High or Extreme Risk Tree or is about to fail, and the risk cannot be reduced other than by cutting, damaging or removing the tree. The bylaw also refers here to construction or site changes that cannot be changed or moved on the lot to keep the tree.
• The tree is dead, or more than 50 percent of its crown is dead
• The tree is a species declared a regulated invasive plant, or an unregulated invasive plant of concern in British Columbia, by the Province or the Invasive Species Council of BC
• The tree is within 2 metres of an existing foundation wall permitted under the Zoning Bylaw. The 2 metres is measured from the outer stem of the tree, 1.4 metres up the stem, to the foundation.
• The tree is causing damage to a structure or infrastructure, and the damage cannot be reduced other than by cutting, damaging or removing the tree. The Director decides this, or a qualified professional engineer with the Director's approval.
• The tree poses a wildfire hazard to the property, and the hazard cannot be reduced or removed other than by removing the tree. A qualified professional forester decides this, to the Director's satisfaction.

After you submit a complete application, the District says to expect 2 to 3 weeks for staff review and permit issuance. Do not book a contractor until you have the permit. Post it somewhere visible at least 48 hours before work starts.

If your permit is approved, you may have to pay a permit fee, a security deposit, or both. Base fees are listed on the District's Trees page and do not include any taxes that may apply.

When the lot has a development application, the District may ask for an arborist report, a tree survey, a tree management plan and a tree replacement plan. For a tree at high or extreme risk, it may ask for a written report from a Tree Risk Assessor. That is an ISA Certified Arborist who holds the TRAQ (Tree Risk Assessment Qualification).

Section 5 of the bylaw covers a tree in imminent danger of falling and hurting people or property from natural causes. If you cannot get a permit first, the owner may cut the tree. The owner must report the cutting to the District within the next business day. The tree must stay on the lot until the District visits and confirms the danger. The Trees page adds that a retroactive application, meaning one made after the tree is cut, is required.

The bylaw requires two replacement trees for each tree removed under a permit. The total is capped at the number the lot needs to reach the Tree Minimum of 50 trees per hectare (20 trees per acre). The Trees page also gives two for each tree removed.

For a significant tree, the bylaw and the Trees page disagree. Section 12.2(a) of the bylaw says three replacement trees, unless the lot already has 50 significant trees per hectare. The Trees page FAQ (frequently asked questions) says four. Confirm the number with the District before you plan your planting.

No replacement trees are needed when the removed tree is at high or extreme risk, dead, a wildfire hazard, or an invasive species. If the District decides a lot has no room for them, the owner pays $250 for each tree that cannot be planted. On a subdivision the amount is $700.

A subdivision must keep or plant enough trees to reach 50 trees per hectare on each lot. In a development permit area that protects the natural environment, replacement trees must be native species. Schedule C of the bylaw lists the allowed species and minimum sizes.

When replacement trees are needed, the bylaw requires security of $250 for each tree, or $700 each on a subdivision. To get it back, apply to the District after planting. The District returns it once it confirms each tree was planted and is healthy on the planting deadline. For a permit not tied to development, that deadline is one year after the permit is issued.

North Saanich sets out its Development Permit Areas (DPAs) in Section 5.10 of Official Community Plan Bylaw No. 1587 (2025). The District's Development Permits page lists five.

The Trees page covers trees of 10 cm or more in environmental or steep slope DPAs. It does not say which numbered areas count as environmental.

For development applications, Part 1 of the development permit application asks for a tree survey and an arborist report. The report must include a Tree Management Plan and a Replacement Plan.

• DPA 1, Marine Uplands and Foreshore
• DPA 2, Creeks, Wetlands, Riparian Areas and Significant Water Resources
• DPA 3, Sensitive Ecosystems
• DPA 4, Steep Slopes
• DPA 5, Commercial, Industrial and Multi-Family

Oakstead is an arborist consulting firm. We can measure your trees, identify each species and record its condition, so you can check them against the bylaw. We write arborist reports, tree protection plans and replacement plans, and help you prepare a tree permit application. For work near roots, Air Spading uses compressed air to expose them without cutting. We refer hands-on tree work to partner companies.