Tree protection orders, bylaws and permits

This page describes what official pages say about protected trees. It is not legal advice. Rules differ by council, by tree size, by land type and by whether building work is planned. The owner of the land and the local authority decide.

United States

There is no single national tree law for private land in the United States. Cities write their own rules, and the examples below show how far they differ.

City	What the page says	Where
Portland, Oregon	On private property, trees 12 inches DBH or larger are regulated, with stronger rules for trees 20 inches DBH or larger	Tree Code update page
Austin, Texas	Trees of 19 inches or more on residential property are regulated, 8 inches or more on commercial and multifamily property	Austin residential and commercial tree pages

Portland says some of its tree rules also sit in the Zoning Code, so one page may not hold everything. The sizes it gives are on the Portland Tree Code update page.

Sizes are on the Austin residential trees page and the Austin commercial trees page. Austin is a good example of a rule that surprises people. Its page says the city regulates the removal of certain sized trees even if the tree is dead, diseased or presents an imminent danger to people or property, and that an application must be reviewed and approved before a regulated tree is removed. The details are on the Austin dead, diseased and hazard trees page.

Canada

In Canada the rules are municipal bylaws. The two below are quoted from the city pages.

Toronto

Toronto says any activity that can cause a tree of 30 centimetres or more in diameter to be injured or removed on private property is prohibited unless authorised with a permit under the Tree Protection By-law. Street trees of any size are protected. The Ravine and Natural Feature Protection By-law covers mapped ravines, forests, parks and other natural features. The city says a permit is not needed to prune a tree in line with good arboricultural practices, or to remove a tree that is 100 per cent dead. It says injuring or removing a bylaw-protected tree without a permit is illegal and can mean a fine of up to CA$100,000 per tree. Property owners are responsible for following the bylaws. Pages: when to apply for a tree or ravine permit and how to report a contravention.

Ottawa

Ottawa's Tree Protection By-law protects distinctive trees, which the city defines as trees 30 centimetres or more in diameter at breast height on private properties in the urban area that are 1 hectare or less in size. On larger urban properties, trees 10 centimetres or more are covered. The city says owners do not need a permit to remove dead or hazardous trees that are an immediate threat to public health and safety. On penalties it says a conviction ranges from a minimum fine of CA$500 to a maximum of CA$100,000. See the Ottawa general information page and its enforcement page.

Vancouver also has a tree bylaw.

United Kingdom

The next two sections describe England, using the government's own guidance. Scotland and Wales run their own systems.

Tree Preservation Orders and conservation areas

Government guidance says local planning authorities can make a Tree Preservation Order if it appears to them expedient in the interests of amenity. Anyone who wants to cut down, top, lop or uproot trees subject to an Order must first apply to the authority for consent, unless the work is exempt.

Trees in a conservation area that have no Order are covered by a notice rule. The guidance says people must notify the authority, using a section 211 notice, 6 weeks before carrying out certain work, unless an exception applies. The work may go ahead earlier if the authority gives consent. The notice period lets the authority consider making an Order on the tree.

Case	What the guidance says
Dead tree	5 working days written notice to the authority, unless work is urgent because of an immediate risk of serious harm
Immediate risk	Written notice as soon as practicable after the urgent work
Breach of an Order	Magistrates' court fine up to £20,000; unlimited in the Crown Court

The guidance also says owners, their agents and contractors should take care not to exceed an exception, and that before work they believe is exempt they may wish to get advice from a qualified arboriculturist or confirm with the authority. It also describes a duty on landowners to replace a tree removed in breach of an Order. The page is the government guidance on tree preservation orders and trees in conservation areas.

Felling licences

A felling licence is a separate system run by the Forestry Commission in England. The government page says a licence is needed to fell any growing trees on land in England unless exemptions apply. It gives the thresholds as an over bark diameter of 8 centimetres or more, or 15 centimetres or more for coppice or underwood, measured at 1.3 metres above ground. Within a calendar quarter, a licence is needed to fell more than 5 cubic metres, and no more than 2 of those 5 cubic metres can be sold. See when you need a felling licence.

Scotland and Wales

Scottish Forestry says that to fell a tree in Scotland you either need permission or the felling must be exempt, and that felling without a felling direction or permission is an offence. One exemption it lists covers trees with a diameter at breast height of 10 centimetres or less, and another covers up to 5 cubic metres of timber in a calendar quarter. It adds that the 5 cubic metre exemption does not apply in small native broadleaved woodland or Caledonian Pinewood Inventory sites. See how to tell whether felling has been authorised.

Natural Resources Wales says it is an offence to cut down some trees without a licence, and that a conviction can bring an unlimited fine. It lists cases where no licence is needed, including gardens, orchards, churchyards and public open space. The full list is on the Natural Resources Wales page.

Australia

Tree rules sit with councils and state planning rules. The City of Sydney says permission is needed to prune or remove a tree on residential or business property, and that heritage-listed trees typically need development consent while trees protected under its development control plan need a permit. It gives an application fee of AU$98 and an assessment time of 28 days, and says maximum penalties are up to AU$2 million for companies and AU$500,000 for individuals. It says all pruning must conform to the Australian Standard for the Pruning of Amenity Trees, AS 4373. See the City of Sydney trees page.

The City of Melbourne says it does not have authority over trees on private property except those on its Exceptional Tree Register, which are protected through the planning scheme. It also says all activities near public trees must follow the protection requirements of its Tree Policy. See the City of Melbourne tree protection page.

New Zealand

Auckland Council says a notable tree is listed in a schedule of the Auckland Unitary Plan, or in the Hauraki Gulf Islands district plan, and cannot be cut down or removed without a resource consent. For trees protected through district plan rules, the council says a resource consent is needed to cut one down, work around it, trim or prune it. It says it may fine up to NZ$250,000 under the Resource Management Act for works near a protected tree done without consent. For extensive works the council says an arborist's report from a qualified arborist may also be needed. See what a notable tree is and working on or around protected trees.

What to take from it

Tree protection depends on place. A rule in one city says nothing about the next.
Size is only one trigger. Species, land type, conservation areas, listings and building work all appear on the pages above.
Several authorities say a tree that looks dead or dangerous can still need notice or an application.
The land owner and the council decide.

For site protection during building work, see trees on building sites. For job safety rules by country, see safety rules by country.