Tree Protection in Newmarket

Contacts

Newmarket’s urban canopy is made up of both public and private trees and is a valuable infrastructure asset. The replacement value of Newmarket’s trees exceeds $350,000,000. The 2016 Urban Forestry Study showed that these trees help to:

Avoid more than 200,000 cubic metres of water runoff each year, a service valued at nearly $500,000.
Reduce erosion, improve air quality, and increase property values.
Reduce residential energy costs by more than $3,000,000 per year.

Newmarket has various By-laws to protect its trees. It is Newmarket’s intention to take a full spectrum approach to tree protection and regulation with both policies and By-laws to limit the removal of trees and promote the planting of new trees.

Newmarket's Tree Protection is regulated and protect by the following:

Public Tree Protection By-law

Trees that are on land owned by the Town, including trees in boulevard between the curb and a private property line, are protected by the Public Tree Protection By-law.

Town-owned trees are occasionally injured or removed. This may be done by the Town to remove an unhealthy tree, or with the Town's permission by a resident or developer to allow for a change to a private property. In order to ensure that Town-owned trees are protected and that requests to injure or remove them are evaluated consistently, Council approved the Public Tree Protection By-law regulating the injury and removal of Town-owned trees (By-law 2017-59):

Prohibits the injury or removal of any Town-owned trees
Establishes a permit process to review requests to injure or remove Town-owned trees
Requires compensation for any trees that the Town allows to be injured or removed
Creates offences and fines for which anyone injuring or removing Town-owned trees without a permit

Public Tree Health Concerns

If you have concerns about the health of a Town-owned tree please fill out the Tree Boulevard Request Form, or call the Town at 905-895-5193.

Public (Municipal) Tree Removal

If you would like to apply to remove a boulevard tree from your property, please complete an Municipal Tree Removal Application Form and pay the appropriate applicant fees.

Private Tree Protection By-law

Trees on private property are protected by the Town's Private Tree Protection By-law.

Property owners are required to obtain a permit for removing trees on their property that have a diameter greater than 20 centimeters (8 inches) measured at 1.4m above ground. Private trees removed, destroyed or injured without a permit will be subject to a fine, fees, and compensation.

Learn more about private tree removal and how to obtain a permit on the Private Tree Removal webpage.

Woodlot Tree By-law

Trees that are located in certain dense wooded areas in Newmarket are regulated by the Woodlot By-law.

The purpose of the Woodlot By-Law is to protect small urban woodlots (between 0.2 hectares and 1.0 hectare in area) on privately owned lands. The By-Law requires land owners to apply for a permit to injure or destroy trees and sets fine provisions for contraventions to the By-Law. Woodlots greater than 1.0 hectares in the area fall under the jurisdiction of the Regional Municipality of York Bill No. 36 - By-Law No. TR-0004-2005-036 - A by-law to prohibit or regulate the destruction or injuring of trees in The Regional Municipality of York.

The by-law may require replanting of trees, remediation of injury, financial compensation or removed trees, or other conditions to the approval of a request to remove trees. To determine whether a tree is located in an area regulated by the Woodlot By-law, consult the map that is a schedule to the By-law here. For greater clarity, contact Planning Services at [email protected].

Tree Preservation, Protection, Replacement and Enhancement Policy

Trees that are located in certain large wooded tracts may be regulated by the York Region Forest Conservation By-law.

The Tree Policy establishes the Town of Newmarket’s policy for the preservation, protection, replacement and enhancement of significant trees on lands subject to a Planning Act Application. This includes properties that are part of an application for a:

Zoning by-law amendment or Official Plan amendment
Plan of subdivision
Plan of condominium
Minor Variance
Consent (severance)

The Policy requires the submission of an arborist report with any Planning Act application, and ensures that any trees to be protected are properly considered during the development review process, and that the removal of any significant tree is compensated for by replanting's on-site or by financial compensation for the Town to replant trees off-site.