Tree rules in Halifax: permits, protected trees and fees

This page reports what the official source says. It is not legal advice: ask the office named here. It describes By-law T-600, By-law Respecting Trees on Public Lands, and three Halifax Regional Municipality (HRM) web pages as read on October 9, 2026: Tree Protection and Construction, the Urban Forest FAQ and the Urban Forestry index. The pages read do not set out a by-law for trees on private land, so this page covers public trees only. Amounts are written as the by-law writes them, in Canadian dollars. The wider list of cities is on the guide to tree permits in Canadian cities.

What counts as a public tree

The by-law defines a public tree as a tree of which the majority of the trunk is on public land in the Region. Public land is any park, street, highway and other land owned, leased or controlled by HRM. The construction page repeats the definition and says that any activity that could directly affect a public tree, on public or private property, needs a permit or written consent from the municipality.

The permit

Section 3 says no person shall alter or remove a public tree without first getting a permit or written consent from the Director. Section 3(2) lists acts that need the same permit or consent. They include taking down, removing, spraying, fertilizing, disturbing or cutting below ground a public tree, marking, breaking or removing bark, fastening a sign, wire, rope or nail to a tree, changing grade or a drainage pattern in a way that interferes with water or air reaching roots, removing or interfering with a protective barrier, excavating or disturbing soil within the drip line, and planting a tree or shrub on public land.

Section 5 lets the Director give verbal permission for emergency pruning or removal by qualified persons, on condition that a permit is applied for and obtained on the first working day afterwards. Section 6 lets the Director waive the permit for municipal departments or for contractors working directly for the municipality. Under section 7, a street opening permit under the Streets By-law S-300 can serve as the tree permit too. Section 8 lets the Director grant an annual permit to a utility or contractor for a period of between three months and one year, for a fee the Director sets. Under section 4, an appeal from a refusal or a revocation of a permit goes in writing to the Appeals Committee, filed with the Municipal Clerk within 15 days.

Fees, deposits and tree protection

Topic	What the source says
Permit fee	Section 7(2): the Director may, at the Director's discretion, charge a fee for a tree permit on top of any street opening permit fee. No amount is given in the by-law
Deposit	Section 7(3): except for public utilities, the applicant deposits enough to replace a public tree that is removed or so badly damaged it must be removed, or to correct lesser damage. The deposit is kept for six months from completion of the work
Barrier	Section 9(1): work within the drip line or root zone of a public tree, whichever is greater, requires a barrier not less than 1.3 metres high and 2 metres, or at a distance of 0.5 metres for every 45 mm of trunk diameter at breast height, whichever is greater and where possible
Below-ground work	Section 9(6): tunnels for below-ground installations are at least 1 metre below grade where the trunk is more than 30 centimetres thick
Inspector	Section 10: the Director may assign an inspector to supervise work by a utility or contractor on a public tree, at the utility's or contractor's cost

The construction page says the tree protection zone is a distance of 0.5 metres for every 45 mm of trunk diameter at chest height. It links a tree protection zone and barrier drawing and a tree protection brochure. It says removing a municipally owned tree is the last resort, that a removal permit is issued only after consulting the Urban Forestry division and receiving a tree protection plan, and that a justification approved by a municipal arborist must say why the tree has to go. A compensation plan must be approved by Urban Forestry and the municipal engineer. The page says compensation typically includes at least one replacement tree for every tree removed, planted adjacent to the project on municipal land, plus a monetary amount representing the value of the mature trees, used to fund planting elsewhere.

Orders, stop work and penalties

Under section 11, the owner of a tree that stands at least 50 percent on the adjoining public right of way or public land, and that the Director considers a hazard or danger to persons or public property, must abate it when ordered in writing within the time set. If the owner does not comply, the Director may have the tree trimmed or removed at the owner's expense. An owner who fails to act on the order is subject to a penalty not exceeding CA$2,000 per day until the hazard is abated to the Director's satisfaction. Section 13 lets the Director issue a stop work order. Section 14 sets the penalty for a violation of any provision or permit condition at not less than CA$100 and not more than CA$5,000, or imprisonment of not more than six months in default of payment, with each day a fresh offence.

The FAQ page adds the municipality's service standards, in its words: 24 hours for anything deemed an imminent threat to people or property and 1 year for other pruning, 24 hours for an imminent threat and 3 years for other tree removals, and 3 years for stump removal. It sends requests about a city tree to 311.