Forestry and tree cutting

Niagara Region's Woodland Conservation By-law protects woodlands across the region. It regulates when and how trees can be cut, and ensures that any cutting follows responsible forestry practices.

If you're planning to cut trees on your property, you may need a permit.

Cutting trees without a permit is illegal

Injuring or destroying trees in a regulated woodland without a permit or valid exemption is a violation of the Woodland Conservation By-law. Penalties can be significant.

  • Up to $10,000 or $1,000 per tree (whichever is greater) for an individual on first conviction
  • Up to $50,000 or $5,000 per tree for a corporation, with higher fines for repeat offences
  • Restoration orders may require you to replant trees within a set timeframe at your own cost

I want to cut trees on my property

If you're planning to harvest or remove trees from a regulated woodland, you likely need a Good Forestry Practices permit. Find out if the by-law applies to your property and how to apply.

I want to report illegal tree cutting

If you've seen trees being cut or damaged in a woodland without a valid permit, you can file a complaint. A by-law enforcement officer will review the report and may issue a stop work order or restoration order.

Does the by-law apply to your property?

The by-law doesn't apply to every tree in Niagara. It protects specific types of woodlands. Here's how to know if your property is covered.

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The by-law applies if your woodland is:

  • One hectare or more in total size — measured as the full connected treed area across one or more properties, not just your lot
  • Less than one hectare, but located in a city or town that has delegated authority to Niagara Region
  • A Heritage Tree or Significant Community Tree designated by your city or town, if that authority has been delegated
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Important to know

  • A woodland may include trees on multiple neighbouring properties. Even if your individual lot is small, the connected woodland could exceed one hectare.
  • The by-law covers injury and destruction of trees, not just cutting, including activities that cause lasting damage to roots or the woodland floor
  • Not sure if it applies? Contact the Regional Forester before doing any work.

Small woodland protection (less than one hectare)

The following cities and towns have delegated authority to Niagara Region to regulate woodlands smaller than one hectare. If you live in one of these cities or towns, the by-law may protect smaller patches of trees on your property.

  • Grimsby
  • Niagara-on-the-Lake
  • Niagara Falls
  • Pelham
  • St. Catharines
  • West Lincoln

Good Forestry Practices permit process

Good Forestry Practices permits are required when trees in a regulated woodland are being cut for commercial purposes, such as harvesting timber or firewood for sale. Here's how the process works.

1
Contact the Regional Forester early.
Before preparing your application, reach out to the Regional Forester. They can confirm whether the by-law applies to your property, advise on requirements, and conduct a site visit to provide direction on woodland management.
2
Have a forest management plan prepared.
A registered member of the Ontario Professional Foresters Association must prepare a written plan for your woodland that outlines which trees can be cut and how. The plan must include a map showing the location of trees marked for removal.
3
Have all trees to be cut marked.
Every tree identified for removal must be clearly marked by a certified tree marker before the application is submitted. Unmarked trees cannot be cut under the permit.
4
Submit your application.
Register for a CityView account and submit a completed Good Forestry Practices permit application signed by the landowner, forester, tree marker and contractor. Upload your management plan and map as part of the application. Apply at least four weeks before cutting starts.
5
Notify the Regional Forester before starting work.
Once your permit is approved, you must notify the Regional Forester at least 48 hours before cutting begins, and again if you resume work after any four-week gap in activity.

Good Forestry Practices permits are for commercial harvesting only. They are not intended for woodland clearing or development-related tree removal. Approval of a permit also does not mean your development application will be approved.

By-law exemptions

There are situations where tree cutting is permitted without a Good Forestry Practices permit. These exemptions are specific. If you're unsure whether yours qualifies, contact the Regional Forester before proceeding.

Tree cutting may be exempt if the cutting meets one or more of the following conditions listed in By-law No. 2020-79.

  • Trees cut for the owner's personal use, provided good forestry practices are followed, woodland densities are maintained, and no trees or firewood are sold
  • Dead, hazardous or diseased trees identified in an approved forest management plan prepared by a Registered Professional Forester
  • Clearing of eligible woodlands for agricultural purposes by a registered farmer, provided that all relevant conditions are met and that notice is given to the Regional Forester prior to beginning work
  • Trees destroyed as a result of Normal Farm Practices recognized by the Normal Farm Practices Protection Board, as defined in the Ontario Farming and Food Production Protection Act
  • Trees removed to construct a building where a building permit has been issued by the local municipality, including access and utilities
  • Trees cut in accordance with a tree preservation plan approved as part of a development project
  • Trees removed for surveying purposes
  • Trees on approved waste disposal sites, licensed pits or quarries, or contaminated lands undergoing rehabilitation
  • Trees grown for Christmas tree farms, orchards and tree nurseries that are actively managed
  • Trees removed for construction or maintenance of drainage works under the Drainage Act

Still not sure? Several exemptions have specific conditions attached, particularly those related to agriculture and development. Contact the Regional Forester before starting work to confirm your activity qualifies.

Good Forestry Practices

Whether or not a permit is required, any tree cutting in Niagara's woodlands must follow Good Forestry Practices. These are activities that allow the forest to remain healthy, and maintain ecological processes and wildlife habitats over time. Good forestry practices:

  • Minimize environmental damage to the site, such as soil, water and young vegetation
  • Protect forest components, including species diversity
  • Minimize damage to or enhance wildlife habitats
  • Encourage sustainable forest management, improving forest health and continuous and improved forest products over time
  • Provide for worker safety
  • Provide continually and increased economic benefits to landowners
  • Should be consistent with long-term forest management planning

More information

If your permit application is refused, you may appeal to Regional Council within 30 days of the refusal decision.

If you wish to appeal the conditions of a permit that has been issued, you must also make your appeal to Regional Council within 30 days of permit issuance.

Contact the Regional Forester for more information on the appeals process.

Where a by-law enforcement officer finds that a violation has occurred, they may issue a stop work order requiring all injuring or destruction of trees to cease immediately.

They may also issue a restoration order requiring the landowner to replant trees within a specified timeframe. Failure to comply with a restoration order is itself a violation of the by-law and subject to additional fines.

Natural heritage features in Niagara, such as wetlands, valleylands and significant woodlands, are also regulated by the environmental policies in the Niagara Official Plan. These policies apply to development projects requiring Planning Act approval.

Many local municipalities also have their own tree by-laws that apply to trees outside regulated woodlands, including street trees and trees within mapped natural heritage features.

Contact your city or town for information about local tree-cutting rules.