Tree rules in Kelowna: permits, protected trees and fees
What the City of Kelowna pages and Tree Protection Bylaw No. 8041 say about protected trees on hillsides, near water and in covenant areas, the CA$50 permit fee, replacement trees and fines up to CA$10,000.
Checked against the sources at the bottom of this page on October 10, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It restates two City of Kelowna web pages, one on protecting trees and one on tree cutting permits, both read on October 10, 2026, and Tree Protection Bylaw No. 8041 in the consolidated version revised October 3, 2022, also read on October 10, 2026. The wider list of cities is on the guide to tree permits in the largest Canadian cities.
Where the bylaw applies
Kelowna does not protect every private tree. Section 2.0 of the bylaw applies it to land inside a Natural Environment or Hazardous Condition Development Permit Area, but only where that land lies in a Riparian Management Area or on a slope of 30 percent or more, and to trees inside covenant areas. A protected tree is one with a trunk diameter of 100 mm or more, measured 1 metre above the ground. For a tree with several stems the bylaw adds the three largest.
The two City pages describe the same areas with different distances, and the figures are reported here as printed. The protecting trees page says trees in Natural Environment areas, which it describes as steep slopes or land 15 to 30 metres from a water body, are protected. The tree cutting permits page says the Natural Environment permit areas lie between 10 m and 30 m from the high water mark, and in another place says the riparian band is usually between five and 30 metres from the edge of a creek, pond, lake or wetland. The bylaw itself leaves the width to the Official Community Plan.
The protecting trees page also says the City does not allow removal of street trees or trees in parks, because it treats them as public infrastructure. It says City staff prune or remove them only for a health issue or a serious safety hazard. It points owners to their land title to check for a No Disturbance Covenant.
What is exempt
Section 5.1 lists the activities the bylaw does not cover: pruning to deal with dead, diseased or damaged limbs when the Director of Planning and Development Services has approved it beforehand; pruning of limbs within 2 metres of the ground or touching structures, under 30 percent of the live canopy, to reduce wildfire risk; removal of invasive trees (the bylaw names Siberian elm, Russian olive and tree of heaven); pruning or removal of fruit trees; commercial tree farms and nurseries; surveyors cutting lines narrower than 2 metres; and managed forest land used for timber. The permits page repeats the invasive trees and the dead or damaged branch exemptions.
Permit contents, fee and term
The bylaw says applications are considered for dead, diseased or damaged trees where a qualified person confirms the hazard in writing, and may also be considered where a tree is damaging property such as roofs, retaining walls or sidewalks and normal arboricultural practice cannot fix it. A qualified person is a registered professional forester, a landscape architect or an ISA certified arborist. The protecting trees page says Tree Cutting Permits are only considered for trees a certified arborist deems hazardous, and the permits page says a tree assessment and replacement plan from an ISA Certified Arborist goes with every application.
| Item | What Bylaw No. 8041 says |
|---|---|
| Application | Made by the registered owner or a written agent to Planning and Development Services, with site plans, the trees to be cut and kept, a replacement plan, the purpose, and a qualified person's report on flooding, erosion, land slip or watercourse contamination |
| Permit fee | CA$50.00, which may be waived when a Tree Cutting Permit and a Development Permit for the same property are submitted together |
| Permit term | Not more than one year, with a possible second year at the Director's approval |
| Security | At the Director's discretion, 125 percent of the value of replacement trees and site restoration, as cash or a bank letter of credit. 90 percent comes back after an inspection one year after planting, and a 10 percent holdback is released after a second inspection a year later |
| Reconsideration | An owner unhappy with a Director's decision may apply to Council within 30 days |
Replacement trees
Section 10.1 says trees cut under the bylaw are replaced within one growing season, unless the requirement is waived or changed. The number depends on the size of the tree removed. The permits page prints the same bands.
| Trunk diameter at breast height | Replacement trees |
|---|---|
| 0 mm to 151 mm | 2 |
| 152 mm to 304 mm | 3 |
| 305 mm to 456 mm | 4 |
| 457 mm to 609 mm | 6 |
| 610 mm and larger | 8 |
At least one replacement must match the removed tree's type, conifer or deciduous. The minimum size is 2.0 metres tall for a conifer and 60 mm diameter for a deciduous tree. The replacement plan must include watering bags or similar irrigation for at least three years after planting.
Emergencies, development areas and penalties
Section 6.1 lets the Director allow emergency removal of a dangerous or hazardous tree or limb by standard arboricultural practice before a permit issues, if it is reported immediately. The permits page says removal may happen ahead of approval where the threat is imminent and that an application follows as quickly as possible. It lists the Development Planning line as 250-469-8626.
The permits page also describes four development areas: the Permanent Growth Boundary, hillside areas with slopes over 30 percent, environmentally sensitive areas, and the urban centres and core area. In the core area it says the City asks for a tree inventory before development and may ask an owner to register a Tree Protection Covenant on a tree that can be kept. Section 13.1 of the bylaw sets the penalty at not more than CA$10,000 plus costs of prosecution for each offence, and 13.3 makes each tree cut, removed or damaged a separate offence. Section 10.3 adds compensation to cover replacement trees on top of any penalty.