Tree rules in Markham: 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 three City of Markham documents as read on October 9, 2026: the Tree Permit Application page, Tree Preservation By-law 2023-164 and the Tree Assessment and Preservation Plan requirements dated March 2, 2026. The wider list of cities is on the guide to tree permits in Canadian cities.

What needs a permit

The permit page says owners must apply before injuring or destroying any private tree with a trunk diameter of 20 centimetres or more, measured 1.37 metres above ground, and that this applies regardless of tree health or risk level. Section 2 of the by-law applies to private trees of that size and to any tree on public lands, and the requirements document says City trees of any size stay protected until a permit is issued. For a tree with several stems, the by-law's definition of diameter squares each stem measured at 1.37 metres, adds them and takes the square root. The by-law defines a dead or dying tree as one with no living tissue, 75 per cent or more of the crown dead or a lethal pathogen, and a hazard tree as one so severely damaged that it poses an immediate threat to life or property, both as decided by a Qualified Tree Expert. Pruning or removing branches for maintenance in line with Good Arboricultural Practices is outside the by-law's definitions of injury and destruction.

Exemptions

Section 3 of the by-law lists what it does not apply to: activities exempted under subsection 135(12) of the Municipal Act, 2001, woodlands and woodlots, work by the City or its contractors, a tree covered by an order under the Property Standards By-law, a tree in an indoor courtyard or solarium and a tree in a nursery or cultivated orchard devoted to that business. A woodlot is land of 0.2 to 1 hectare with at least 200 trees of any size per 0.2 hectare, or 150 over 5 centimetres, 100 over 12 centimetres or 50 over 20 centimetres.

Process, fee and decisions

The page says that from January 16, 2026 a non-refundable processing fee of CA$20.50 applies to each application. Payment is due within 24 hours of the email that gives the bill and folder numbers, and an application without timely payment may be cancelled or withdrawn. The page says applications are reviewed within 45 days of payment being received. Expedited review for a high-risk or imminently failing tree needs a Tree Risk Assessment Report from a qualified arborist. A tree on or crossing a property line needs the adjacent owner's consent under the Forestry Act. The by-law lets the Administrator refuse a permit for any reason, with examples including an endangered species and work contrary to the by-law's purpose, and lets the Administrator attach conditions such as who may do the work and replacement planting.

The by-law counts replacement by two methods. The Aggregate Caliper Method replaces the trunk diameter centimetre for centimetre with 5 centimetre caliper trees, and, if no evidence exists on site, charges a tree proven to have existed from aerial photos or surveys at a 6 to 1 ratio. The Progressive Aggregate Caliper Method multiplies the diameter by the average of a health and structure factor set by a Qualified Tree Expert. Where a replacement cannot physically fit, the Administrator may require planting elsewhere or cash-in-lieu. The page says replacement or cash-in-lieu may be required unless the tree is dead, dying or a hazard.

Penalties and appeals

Under section 40 the by-law sets a fine on first conviction of at least CA$300 and at most CA$100,000, a fine for a continuing offence of CA$100 to CA$10,000 for each day, and CA$400 to CA$10,000 for a second or multiple offence. A special fine can exceed CA$100,000 where there was an economic gain. An officer can instead issue an administrative penalty at the amount in the AMPS By-law 2016-84. Appeals of a refusal or revocation go to the City within 10 days of the written decision with the fee, and a Hearing Officer's decision is final and binding. An appeal does not stay the Administrator's decision. The Hearing Officer can modify, rescind or confirm a decision or condition, and gives written reasons within 14 days of the hearing.

Development projects

The requirements document says a tree permit is needed before residential grading and servicing approval and that a Tree Assessment and Preservation Plan must be signed by a Qualified Tree Expert: an Ontario Qualified Arborist accredited by Skilled Trades Ontario, an ISA Certified Arborist or a Registered Professional Forester. It says protection barriers must be installed to the approved plan before the permit issues, and that other laws such as the Species at Risk Act and the Migratory Birds Convention Act may add limits. The Tree Preservation Unit's phone on the page is 905.477.7000.