The full Chapter 813 bylaw text and current City tree permit information are available through Toronto's Tree and Ravine Protection resources.
The question "do I need a permit to remove this tree?" depends on more than trunk size alone. Toronto generally protects private trees with a diameter at breast height of 30 centimetres or more, but Chapter 813 and related City guidance also treat certain situations differently, including fruit trees, 100 percent dead trees, terminally diseased trees, imminently hazardous trees, nursery stock, and emergency situations. Other rules, including ravine, City-owned tree, TRCA, heritage, and construction-related requirements, may still apply even when a Chapter 813 private-tree permit does not.
Chapter 813 is not a blanket rule that every tree over 30 cm DBH always follows the exact same review path. Some trees may not require a standard private-tree removal permit, while others may require documentation, City confirmation, or a different process. The important point is to separate true exemptions from situations that still require proof, reporting, or another regulatory check.
The size threshold is the most common reason a private residential tree may not require a Chapter 813 private-tree removal permit. A private tree under 30 cm diameter at breast height is generally below Toronto's private-tree permit threshold. DBH is measured at about 1.4 metres above ground.
This does not mean every under-30 cm tree is automatically free from all rules. A smaller tree may still be affected by Chapter 658 ravine and natural feature rules, City-owned tree rules, heritage requirements, TRCA regulated-area issues, construction-related conditions, or another site-specific restriction. If the property is near a ravine, creek, slope, natural feature, development project, or public tree, confirm the full context before removing the tree.
Chapter 813 includes an exemption for trees grown primarily for the production of fruit for human consumption. This may include apple, pear, cherry, plum, peach, quince, and other fruit-bearing trees where the main purpose is food production.
The word "primarily" matters. A productive backyard apple tree is different from an ornamental flowering crabapple planted mostly for spring bloom or landscape appearance. If the tree is ornamental, heritage-related, in a ravine or natural feature area, connected to a development condition, or unclear in purpose, confirm the rule directly with the City or an independent arborist where available.
Toronto's current public guidance says a permit is not required to remove a tree that is 100 percent dead. That is different from a tree that is partly dead, declining, diseased, structurally weak, or in poor condition. A tree that still has living tissue may not qualify as 100 percent dead.
Property owners should document the tree's condition before removal, especially if the tree is large, visible from the street, close to a neighbour, near a City-owned tree, or close to a ravine or natural feature area. Dated photos, canopy photos, bark and bud condition, trunk condition, and notes from an independent arborist where available may help if questions arise later.
Toronto distinguishes terminally diseased trees from trees that are simply in poor condition. The City states that not all diseases will kill a tree, and trees that are terminally diseased and no longer maintainable may qualify for an exception. A tree in poor condition may still require a permit.
This is a judgement-heavy category. A minor leaf disease, manageable pest issue, or cosmetic fungal problem is not the same as a terminal condition. If terminal disease is being claimed, the property owner should confirm the correct process directly with the City of Toronto or an independent arborist where available before work begins.
Toronto's current storm-damage guidance says a permit is not required to remove an imminently hazardous tree, even if it is protected under a tree protection by-law. In an imminent hazard situation, the City asks arborists and property owners to take photos of hazardous trees and advise the City by contacting 311. This helps create a record of tree loss and allows the City to respond to possible complaints that a healthy tree was improperly removed.
The word "imminent" is important. A tree with minor deadwood, general decline, or a vague future concern is not the same as a destabilized or structurally compromised tree posing imminent danger to life or property. Warning signs may include a fresh major trunk split, root plate movement, sudden lean, large hanging limbs, partial uprooting, or serious storm failure. If there is immediate danger to life, call 911 first. If a tree is near power lines, stay away and contact the appropriate electrical utility.
Trees growing as commercial stock in an operating nursery or tree farm may be treated differently from established residential landscape trees. The logic is that nursery trees are growing stock, not long-established shade or ornamental trees forming part of a private residential canopy.
This exemption should not be stretched. A mature oak, maple, spruce, or cedar on a residential property does not become nursery stock just because the property also contains potted trees or small growing stock. If the property is mixed-use, formerly operated as a nursery, or unclear, confirm the rule before removal.
Emergency tree situations are handled differently because waiting for ordinary review can be unsafe. If a tree has failed, is actively failing, or poses an immediate danger, the priority is safety, documentation, and notifying the correct authority. Toronto says a permit is not required to remove an imminently hazardous private tree, but photos should be taken and the City should be advised through 311.
Emergency documentation should be gathered from a safe distance where possible. Photos should show the full tree, the defect or failure point, the target area, damage to structures or vehicles, and why urgent action was needed. Toronto Tree Services does not decide whether a tree legally qualifies as an imminent hazard, submit 311 notices, prepare City paperwork, or authorize work. Where available, a request may be forwarded to an independent arborist or independent tree care professional who can discuss the situation directly with the customer.
Quick reference: Chapter 813 exemption and exception checklist
| Situation | Standard Chapter 813 permit? | What to confirm |
|---|---|---|
| Private tree under 30 cm DBH | Usually no Chapter 813 private-tree permit | Confirm no ravine, City-owned tree, TRCA, heritage, or construction-related rule applies |
| Fruit tree grown primarily for human food | Usually exempt under Chapter 813 | Confirm it is truly food-producing, not primarily ornamental or affected by another rule |
| Tree that is 100 percent dead | Toronto says no permit is required | Document the condition and confirm if any doubt exists about living tissue or site restrictions |
| Terminally diseased and no longer maintainable tree | May qualify for an exception | Confirm the correct process directly with the City or an independent arborist where available |
| Imminently hazardous tree | Toronto says no permit is required for imminent hazard removal | Take photos and advise the City by contacting 311 |
| Nursery or tree farm stock | May be outside the ordinary private landscape tree process | Confirm the tree is commercial growing stock, not an established landscape tree |
| Emergency failure or active immediate danger | No advance permit if imminently hazardous | Keep people away, document from a safe distance, contact 311, and contact 911 or utility provider if needed |
| Healthy private tree, 30 cm DBH or more, no exemption or exception | Yes | Standard private tree permit process may apply before injury or removal |
Real trees do not always fit neatly into one category. A tree that appears dead from a distance may still have living tissue. A tree that is clearly declining may not be terminally diseased. A tree that leans may or may not be an imminent danger depending on root stability, soil movement, recent storm damage, trunk defects, targets, and site exposure.
These are the cases where the safest approach is to slow down and document before cutting. Property owners should confirm the correct pathway directly with the City of Toronto, 311, or an independent arborist where available. Toronto Tree Services does not inspect trees, assess hazards, determine permit status, prepare arborist reports, submit municipal paperwork, communicate with the City on behalf of customers, perform tree work, dispatch crews, manage jobs, control pricing, collect contractor payments, or guarantee approvals, timelines, insurance, WSIB, cleanup, or outcomes.
Chapter 813 is only one regulatory layer. A tree that does not require a Chapter 813 private-tree permit may still be affected by other rules. Trees in ravine and natural feature protection areas may fall under Chapter 658. Trees in or near TRCA regulated areas may require conservation authority review for certain work. Trees on City property are handled separately. Heritage properties, development applications, building permits, site alteration, and construction-related work can also create separate requirements.
Before arranging removal, confirm whether the property is near a ravine, watercourse, valley, slope, natural feature, City-owned tree, road allowance, heritage designation, or active development file. A simple DBH measurement does not answer every regulatory question.
Toronto Tree Services is a referral and lead generation service. Where available, your tree permit, exemption, dead tree, hazardous tree, arborist report, pruning, removal, or stump grinding request may be forwarded to an independent arborist or independent tree care professional who can discuss the site directly with you.
The independent arborist or contractor is responsible for assessment, estimates, reports where offered, permit-related documents where offered, scheduling, work performed, cleanup terms, pricing, payment, communication, qualifications, insurance, WSIB, warranties, and service-related issues directly with the customer.
Tree by-law questions often arise after a neighbour complaint, visible stump, sudden canopy loss, construction work, or emergency removal. If a tree was removed without a standard permit because the owner believed an exemption or exception applied, documentation becomes important. Dated photos, written notes, 311 reference numbers, independent arborist documentation where provided, and City correspondence can help explain why the work proceeded.
The practical message is that an exemption is not the same as having no record. For a clearly under-threshold private tree, documentation may be simple. For a dead, terminally diseased, hazardous, emergency, ravine-adjacent, or boundary situation, keep better records and confirm the correct pathway before work begins where possible. If the situation is an imminent hazard, keep people away, document from a safe distance, and contact 311 as Toronto requests.
If a property owner is unsure, they should not rely only on a contractor's verbal statement. Confirm with the City, 311, or an independent arborist where available before authorizing work.
Are fruit trees exempt from Toronto's tree permit requirement?
Chapter 813 includes an exemption for trees grown primarily for the production of fruit for human consumption. This can include apple, pear, cherry, plum, peach, and similar food-producing trees where the primary purpose is food production. If the tree is ornamental, ravine-related, heritage-related, or unclear in purpose, confirm requirements before removal.
Is a dead tree automatically exempt from needing a permit in Toronto?
Toronto's current guidance says a permit is not required to remove a tree that is 100 percent dead. A partly dead, declining, diseased, or poor-condition tree is different. If there is any doubt about living tissue, ownership, ravine status, or nearby protected trees, confirm before removal.
Does Chapter 813 apply to trees in the City's right-of-way?
Chapter 813 private-tree rules are not the same as City-owned tree rules. Trees in the road allowance, boulevard, parks, and public open spaces should not be pruned, removed, or injured without City authorization. Contact 311 or Toronto Urban Forestry for City-owned tree concerns.
If my tree is under 30 cm DBH, is it completely unprotected in Toronto?
Not always. A private tree under 30 cm DBH may not require a Chapter 813 private-tree permit, but other rules may still apply, including Chapter 658 ravine rules, TRCA regulated-area rules, City-owned tree rules, heritage-related rules, or construction-related conditions.
Are nursery trees and tree farm trees exempt from Chapter 813?
Trees growing as commercial stock in an operating nursery or tree farm may fall outside the ordinary Chapter 813 private landscape tree process. The exemption applies to growing stock, not mature ornamental or shade trees simply located on a property that also contains nursery material.
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