Markham enacted its new Tree Preservation By-law regulating the destruction or injury of private and City trees on December 13, 2023. The By-law replaces Tree Preservation By-law 2008-96 and is effective immediately.
The Tree Preservation By-law was adopted by Council to support a greener community and a healthier environment. It exists to preserve significant trees on all properties within the City and to sustain Markham's urban forest.
Property owners must apply for a permit before injuring or destroying any private tree in Markham with a trunk diameter of 20 centimetres (about 8 inches) or more, measured at 1.37 metres (about 54 inches) above the ground at the base of the tree.
Anyone contravening the Tree Preservation By-law and found guilty of an offence will be subject to penalties.
Note: All trees that are 20cm Diameter at Breast Height (DBH) or greater require a Tree Permit, regardless of health, structure, or risk level.
Submit a Tree Permit Application using the Online Tree Permit Application or fill out the Tree Permit Application Form [PDF] and submit completed application in person to the City of Markham Civic Centre, Unionville entrance at 101 Town Centre, Markham, Ontario L3R 9W3. Applications can take up to 45 days to process
Where a permit is applicable and the tree is not assessed as a Dead or Dying Tree (as per By-law definitions), planting requirements and/or cash in lieu payments will be required as a condition of your permit.
If you have a tree that is high risk or at imminent risk of failure and you are looking to have the permit application expedited, a Tree Risk Assessment Report by a Tree Risk Assessment Qualified Arborist is required as part of your application submission.
If tree failure has already occurred, or the tree is deemed hazardous as per By-law definitions, the owner is required to document the tree with photographic evidence and provide documentation to treepreservationadmin@markham.ca
In relation to Residential Grading and Servicing (RGS) development applications, Pool Enclosure (PE) Permits, Housing Permits (HP), Demolition Permits (DP), Alterations (AL), or other landscaping, construction or commercial projects where trees may be impacted, City staff will require the submission of Tree Assessment and Preservation Plan prepared by a Qualified Tree Expert and/or submission of a Declaration Form. Please refer to the webpage here for details about working near trees during construction.
A report from a Qualified Tree Expert may be required as a condition of permit approval, but is not required for the initial permit application.
Note: If any part of the tree trunk or root flare at ground level is located on adjacent property, the adjacent property owner must also provide permission for the application as per the Forestry Act. If this is the case, please complete and submit the printable application form, ensuring the adjacent owner signs Page 2 of the application where required.
A Person may appeal the Administrator’s decision to refuse or to revoke a Permit by sending a request for an appeal to the City within ten (10) days of the Administrator’s written decision, including any applicable fees as set out in Licensing, Permit and Service Fees By-Law 2012-137, as amended.
The By-law does not apply to:
Activities and matters exempted under Subsection 135(12) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
Woodlands and Woodlots (as per By-law definitions). Trees in woodlots and woodlands are covered by York Region's Forest Conservation By-law.
Any activities performed by the City or a City contractor with authorization from the City; or
The injury or destruction of the following:
A Tree subject to an order permitting its Injury or Destruction under Property Standards By-law 2017-26, as amended;
A Tree on private property that is in an indoor courtyard or in a solarium, excluding rooftops of parking garages or other substructures below or at grade; and
A Tree on a Nursery or cultivated orchard, provided that it is a Tree devoted to the Nursery or orchard business and maintained for sale or propagation of Trees or fruits for sale.
For more information contact Markham's Contact Centre at 905-477-5530 or customerservice@markham.ca.