The Private Tree By-law is implemented by the Town of Whitchurch-Stouffville to protect Private Trees, Mature Trees, and Heritage Trees. It applies to Private Property Owners undergoing Site Plan applications, Plan of Subdivision applications, and Consent applications.

This by-law is applicable to Private Trees, Heritage Trees, and Mature Trees located on Private Property. Private Trees are those owned, maintained, or planted on Private Property, with a diameter at standard height (DSH) of 10 cm or greater. They are required to be identified, listed, and described on Landscape Plan submissions for Planning Act Applications for protection.

Mature Trees are Private Trees with a DSH of 30 cm or greater in the Town of Whitchurch-Stouffville settlement areas. Their removal requires approval from the Town, and appropriate compensation such as relocation or cash-in-lieu.

The Private Tree By-law also applies to Mature and Private Trees and requires their identification, listing, and description on Landscape Plan submissions.

Heritage Trees, designated under the Ontario Heritage Act or protected under a heritage conservation easement agreement, must be protected at all times. Their relocation or removal/cutting is prohibited.

If a Mature Tree is impacted by a Site Plan application, Plan of Subdivision application, or Consent application, Town staff will review the application to determine the appropriate avenue for protection. If removal is unavoidable, options include relocating the Mature Tree or providing compensation through planting Replacement Trees or paying Cash-in-Lieu.

Submission materials required for Planning Act applications include owner and applicant information, an Arborist Report, Landscape Plans, a Tree Planting Guide or compensation plan, a Tree Protection Plan, and additional information that may be requested by the Director.

Exemptions from the Private Tree By-law may apply in cases such as emergency work, removal required by an Order under any Property Standards By-law, or pruning by utility companies. Certain scenarios, like trees on rooftops or in nurseries, may also be exempt.

Removing Mature Trees without Town approval is an offense, and penalties may apply. However, Town staff will work with Property Owners who can establish no ill intent. Retroactive fees may be applied in such cases, and non-compliance may result in an Order and further penalties.

For more information about the Private Tree By-law, please contact Town Planning staff at (905) 640-1910 ext. 2442 or email developmenthelp@townofws.ca.