The City survey is open until April 23, 2026 to help shape Hamilton's first city-wide Private Tree Protection Bylaw! Help us make the proposed bylaw stronger by filling out the survey and adding your comments at Engage Hamilton - Harmonized Private Tree Bylaw

Some points to consider in your comments:

-Size of trees exempt from protection - the 45cm diameter at breast height (DBH) is too big and would exclude a significant number of mature trees from protection. Threshold should be 20cm DBH which is consistent with woodland protection bylaw. Several municipalities have lower protection thresholds including Toronto (30cm DBH and currently consulting on lowering further), Burlington(20cm DBH), Mississauga(15cm DBH).

-Removal of dead or hazardous trees -While a no-cost permit is reasonable, the draft does not appear to require any form of post-removal documentation that would prove a tree was in fact dead or hazardous prior to removal. Toronto and Burlington do require this proof.

-Strengthen requirements for permit applications to include arborist reports, detailed site plans, and defined tree protection measures during construction.

-Replacement - Require adequate compensation planting or payment in lieu when tree removals occur to ensure the canopy is maintained. Replacing a mature tree with a sapling is not acceptable. Use Burlington’s replacement ratio:

▪ 2:1 for 20 to 30cm DBH

▪ 3:1 for greater than 30cm DBH

▪ 4:1 for greater than 75cm DBH

-Add a mature tree subsidy - Homeowners need support to care for mature trees, should not have to bear full responsibility and liability for stewarding this resource that benefits entire community. City of London has subsidy program to help.

-Protection of birds and nests - Many municipalities provide clear guidance within their bylaws around the requirement to perform nest sweeps prior to tree removal. This appears to be missing from the draft.

-Residents should have up to 1 year to report an illegal tree felling as a missing tree might not be noticed until the leaves are out.

-Add a category for larger trees - Toronto is currently considering a Distinctive Tree category for large, healthy trees larger than 61 DBH that provide significant environmental and community benefits. Permits to remove these trees would require Community Council approval, while injury permits could continue to be approved by staff.