Skip to content

Newmarket considering changes to private tree bylaw

'I simply want something that's fair,' councillor says about idea to simplify cutting down dead trees
20190614 tree trunk
Supplied photo/Dave Kempton

Newmarket is reexamining its private tree protection bylaw to explore new ways to process dead and dying trees.

Council passed a resolution this month asking staff to examine the matter and bring back a report. This comes after the town passed a bylaw in February requiring residents to go through a permitting process for private tree removal, with charges for cutting down healthy trees.

Councillor Victor Woodhouse brought the dead tree issue forward. He said he received several concerns from residents having to pay for an arborist to confirm obviously dead trees under the bylaw.

“The process needs to be easy to follow and logical,” he said. “The process is pretty good, but if a tree is very obviously dead, then we need to have a different process than we currently have.”

The bylaw requires residents get a permit if their tree is greater than 20 cm in diameter, with fees and fines associated with removing a private tree without a permit. You must hire an arborist to complete a report to submit to the town, as well as administrative fees if removing healthy trees. Town fees are not charged where trees are hazardous or dying, but the bylaw requires arborist confirmation. 

That confirmation is an issue, Woodhouse said. Hiring an arborist could cost between $300 and $500, he added, for what would be a “very brief” report to confirm a dead tree.

“What I’m thinking should be done, is something as simple as the owner of the property providing a photo,” he said. “Staff may have some other solutions that may be just as easy, and I’d be open to look at that. But really, we want an easier solution."

The bylaw passed despite some public opposition, with many residents expressing that it was an overstepping of municipal authority. But the bylaw aims to protect the town’s natural tree cover and prevent developers from clear cutting properties before filing a development application to avoid having to protect trees when building. 

Woodhouse said the bylaw should still protect trees, even if the process is changed for dead ones. 

“I simply want something that’s fair, and I do think council will be very open to that.”