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Trees in forest

Regional Woodland By-Law

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Regional Woodland By-law (former Regional Tree By-law)

If you are planning to cut down or remove trees within a woodland area, you may need a permit from The Regional Municipality of Durham.

The Regional Woodland By-Law reflects our commitment to protect forested areas and the natural environment.

What is the Regional Woodland By-law?

The Regional Woodland By-law applies to Woodlands within the region that are one hectare (2.5 acres) in size and greater. Areas that are less than one hectare are the responsibility of the local area municipalities.

The Regional Woodland By-law was passed by Durham Regional Council on July 29, 2020. The Regional Woodland By-law is in place to prohibit or regulate the destruction or injury of trees within the Woodlands across the Regional Municipality of Durham. The Regional Woodland By-law also aims to improve and sustain healthy Woodlands and their related natural habitats and environments. The overall goal is to contribute to ecosystem health, human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover.

Woodlands do not include orchards, tree nurseries, holiday tree plantations, fence rows, or lands previously cleared for agricultural purposes that have become overgrown with scrub and/or small trees and are intended to be used again for farming.

Do I need a permit to cut down trees?

If you are planning to cut down or remove trees within a Woodland and any Sensitive Natural Areas, you may need a permit from the Region.

There are two types of permits available:

Good Forestry Practices Permit

In minor situations where just a few trees are to be removed, the Region has the discretion to waive the need for a permit. If more than 50 trees are to be removed, or if the Woodland contains a Sensitive Natural Area, a Forest Management Prescription may be required.

Clear Cutting Permit

You need a Clear Cutting Permit if you plan to remove an entire woodland, or if you want to clear cut an area of woodland more than 0.1 hectares (1/4 acre).

If the woodland area you want to clear cut is less than one hectare in size, the permit may be issued    administratively by the Commissioner of Community Growth and Economic Development. If the area you want to   clear cut is greater than one hectare, approval from Regional Council is required, as well as a public meeting.  

What if I am a farmer?

The by-law specifies that the removal of trees as part of normal farm practices are exempt. Normal Farm Practice includes the removal of trees for personal use, as well as the removal of trees for farm-related uses (such as fence posts and rails).

Normal farm practices do not include clear cutting of any kind. Permit fees will be waived for bona fide farmers.

Are there other exceptions?

The Regional Woodland By-law does not apply to the following situations:

  • Activities undertaken by the Region, a local area municipality or a conservation authority.
  • Trees removed for surveying purposes.
  • Trees removed for the purpose of constructing or maintaining a transmission system, gas line, pit or quarry.
  • Where a building permit has been issued for a building or structure.
  • The removal of dead and/or hazardous trees.

Application Forms and Fees

To obtain a permit, complete and submit the application form, required documents and certified cheque to the Durham Region Community Growth and Economic Development Department for review.

Fees
Application Types Fees
1. Application for Good Forestry Practices Permit   $50

2. Application for Clear Cutting Permit (Between 0.1 Ha and 1 Ha)

$500
3. Application for Clear Cutting Permit (Greater than 1 Ha)  

$1,000 (excluding advertising costs of a public meeting)

 

Questions?

In all cases, consultation with Regional staff is recommended. The Region has also engaged the services of a Forestry Consultant for by-law enforcement, administration and to assist with technical advice.

Please note that even though you may not be subject to the Regional Woodland By-law, you may be subject to an area municipal tree cutting by-law.

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