Oak Bay tree permits and the Tree Protection Bylaw

The District of Oak Bay lists 4742, Tree Protection Bylaw, on its municipal bylaws page and links to a PDF (Portable Document Format) copy. The PDF is titled Tree Protection Bylaw, 2020. It says it was consolidated on March 10, 2025 to include Bylaws 4759 and 4893. A consolidated bylaw is one copy that combines the original text with later changes.

The PDF says it is consolidated for convenience use only and is not a legal document. It says certified copies of the original bylaws should be consulted for interpretation. The bylaws page says its bylaw table is for informational or research purposes, and that official copies are available by request.

Section 1 of the bylaw defines which trees count as protected trees. Check that definition, or contact the District, to find out whether a tree on your land is protected.

Section 3.1 of the bylaw says no person may carry out the activities it lists without first getting a Tree Permit issued by the District. The list below covers work on the tree itself. The next section covers work on the roots and on the ground under the branches.

In the bylaw, prune means to remove living branches of a protected tree, for a purpose consistent with promoting its health and growth. For Garry oak, arbutus and the four other species named in the protected tree definition, it covers branches over 5 centimetres in diameter. For all other protected trees, it covers branches over 10 centimetres in diameter. The bylaw's definition of damage includes removing a branch in a manner or for a purpose inconsistent with promoting the tree's health and growth.

Section 4 sets out exemptions. Section 4.1 says a Tree Permit is not required if the tree is not a protected tree. Section 4.2 covers emergency work on a protected tree severely damaged by natural causes, to avoid imminent danger of injury or damage to persons or property. Section 4.3 sets conditions for that work. They include an arborist's supervision, a report to the Manager of Parks Services by the end of the next business day, and a Qualified Tree Risk Assessor's written report. Section 4.4 covers work carried out by the District that the Manager of Parks Services first approves.

The bylaw also defines a Type 1 and a Type 2 Tree Permit. A Type 1 Tree Permit allows removal of a dead, diseased, dying or hazardous tree. A Type 2 Tree Permit allows otherwise prohibited activity needed for work under a demolition permit or building permit issued by the District.

• Cutting a tree, or allowing a tree to be cut
• Topping or pruning a tree
• Removing bark from a tree
• Denting, gouging or damaging the trunk or branches
• Cutting or damaging the roots or branches of a boundary tree, which is a tree with part of its trunk or visible root flare crossing a property line
• Cabling or bracing a tree for purposes other than tree support and protection
• Attaching a sign or other structure to a tree
• Doing anything contrary to permit conditions, or not following the terms and conditions of a Tree Permit

Section 3.1 also lists work on the roots and on the ground under the branches, out to the drip line. Section 1 of the bylaw defines the drip line as a circle drawn on the ground with a radius reaching the tree's outermost branch tips. The list ends with any other activity that could reasonably be expected to damage a tree.

• Cutting or damaging roots inside the drip line
• Placing fill, building materials, asphalt, concrete washout or other materials harmful to a tree inside the drip line
• Driving trucks, backhoes, bobcats, excavators or other construction equipment over the roots inside the drip line
• Building or placing a structure inside the drip line
• Removing soil inside the drip line, apart from a small amount that is not likely to harm the tree's health
• Blasting inside or outside the drip line in a way that damages roots or disturbs soil inside the drip line

Section 8.1 of the bylaw says an application for a Tree Permit is made to the District of Oak Bay on the District's form. The owner signs it, or someone the owner has authorized in writing. Section 8.2 says the Manager of Parks Services reviews each application.

Section 8.1 also lists what the application must include. That means any reports and other information the bylaw or the District requires, any security the bylaw requires, and the fees in Schedule A of the bylaw. The Parks Office can tell you which of these apply to your work.

The District's Trees page has the form under the heading Tree Work Application Permit, linked as Tree Application Permit. The page says the form is a fillable PDF and gives the steps below. It says to download and install Adobe Reader if you do not have it.

• Save the form to your computer
• Open it in Adobe Reader, fill it in and save it
• Email the finished form to the Parks Office

The bylaws page also lists 3829, Hazardous Tree and Shrub Bylaw. It is separate from 4742, Tree Protection Bylaw. If you think a tree on or near your property is a hazard, contact the District and ask which bylaw applies.

Section 8.2 of the Tree Protection Bylaw says each Tree Permit application is reviewed to make sure it complies with three things. They are the Official Community Plan (OCP), the Urban Forest Management Strategy and the bylaw itself. An OCP is a long-range plan for how a community grows and uses its land. On December 15, 2025, the District announced that it had adopted an updated OCP.

The Community Charter is a British Columbia law that sets out many of the powers municipalities have. Section 8(3)(c) lists trees among the subjects a municipal council can make bylaws about. The King's Printer copy of the Act that we checked was current to November 3, 2026.

Oakstead Tree & Property Care is an independent arborist consulting business with no role in the District's permit decisions. We can assess your trees and write an arborist report to support a Tree Permit application. For building projects we prepare tree protection plans. Pruning and removal we refer to partners.