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Guide

Trees in Hamilton: what the rules protect

Who owns a tree, which private trees are protected and where, and the rules for City trees.

Summary

Hamilton has no single city-wide by-law for trees on private property: private trees are protected by by-laws in Ancaster, Dundas and Stoney Creek and in woodlots, while in the former City of Hamilton no private tree by-law currently applies. Every City-owned tree, including street trees on the road allowance, is protected by the Public Tree By-law 15-125, and any work that may affect one needs a public tree permit.

Administered by the City of Hamilton (Forestry for City trees; Municipal Law Enforcement for private tree and woodland by-laws). Every answer below was checked against its source on October 7, 2026; the source is linked under each one.


Whose tree is it?

How do I know if a tree is mine or the City's?

Ownership is decided by where the tree stands, not who planted it. If more than 50% of the trunk diameter, measured at ground level, is on the private side of the property line, it is a private tree and the property owner maintains it. Many trees on front lawns are actually on the road allowance, which is City property.

A tree you plant on City property, knowingly or not, is considered a gift to the City; a tree the City once planted that is now on private property is a private tree the City will not maintain or remove.

Source: City of Hamilton, Tree Ownership & Responsibilities

Who can tell me whether a boundary tree belongs to the City?

Check the City's tree inventory, or call 905-546-2489 and a Forestry Investigator will visit to decide whether you or the City owns it. For a tree on the line with a neighbour, your property survey shows where the line is; the Building Division may have a copy on file (905-546-2424 ext. 2720).

Neighbour disputes over maintaining a private tree are a civil matter, and the City does not get involved.

Source: City of Hamilton, Tree Ownership & Responsibilities


Trees on private property

Does Hamilton have a private tree by-law?

Not a single city-wide one. The City says privately owned trees in Ancaster, Dundas and Stoney Creek have by-laws that govern them, as do woodlots, and you may need a permit before work that may affect a private tree there. If you live in the former City of Hamilton, there are currently no private tree by-laws, and you are responsible for maintaining your tree.

If you are not sure whether you need a permit, contact mle@hamilton.ca or call 905-546-2782, Monday to Friday, 8:30 a.m. to 4:30 p.m.

Source: City of Hamilton, Tree Ownership & Responsibilities

Which by-laws protect private trees, and where?

The City says trees on private property are protected by by-laws based on the former municipality you live in: Ancaster By-law No. 2000-118, Dundas By-law No. 4513-99 and Stoney Creek By-law No. 4401-96. The Urban Woodland By-law No. 14-212 covers woodlands in the urban area, and By-law No. R00-054 covers trees on private property in the rural area.

In the rural area the City provides a Notice of Intent to Cut, Burn, or Destroy Trees application form for woodland cutting.

Source: City of Hamilton, Property Use By-laws

What does the Urban Woodland By-law protect?

By-law 14-212 applies to trees in a woodland of 0.2 hectares or more inside the City's urban boundary. A woodland is defined by tree density, for example at least 1,000 trees of any size per hectare. No one may injure or destroy a tree in such a woodland without a permit from the Director of Municipal Law Enforcement, unless an exemption applies.

Exemptions include a tree that is a hazard to a person, building or structure, pruning to good arboricultural practice, a tree whose trunk is entirely within 3 metres of an existing occupied building, and work needed for a building with an issued Building Permit. Fines on a first conviction are up to $10,000 or $1,000 per tree, whichever is greater.

Source: City of Hamilton, By-law No. 14-212, To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton

Is Hamilton planning a city-wide private tree by-law?

The City has drafted a Harmonized Private Tree By-law, which would apply within the urban boundary only, and consulted the public on it in 2026 alongside updates to the woodland by-laws and Tree Protection Guidelines. The draft proposes to protect private trees of 45 cm or more in diameter measured 1.4 m above the ground; removals meeting that size without an exemption would need a permit fee and replacement planting.

This is a draft proposal, not a by-law in force. The City's tree ownership page still says no private tree by-law applies in the former City of Hamilton.

Source: City of Hamilton, Harmonized Private Tree By-law, Updates to existing Woodland bylaws and Tree Protection Guidelines

What if a private tree is dead or dangerous?

If a tree is dead, has broken branches, or you believe there is an imminent safety issue, call Property Standards at 905-546-2424 ext. 2782. Owners are responsible for maintaining trees on their property, including watering, fertilizing and pruning.

A tree service company you hire to prune, remove or investigate a private tree must hold a valid Tree Cutting Service License from the City of Hamilton.

Source: City of Hamilton, Tree Ownership & Responsibilities


City trees

What can't I do to a City-owned tree?

Under the Public Tree By-law 15-125, no one may injure or destroy a public tree. That includes pruning or altering it, doing work or altering soil levels within its drip line, laying a driveway or walkway there, fastening any object to it or its stakes, climbing it, or letting a toxic substance reach it. No one may plant a tree on public property, or remove any part of a fallen public tree.

Owners of private trees must keep them from obstructing a road or endangering public property or people using it.

Source: City of Hamilton, By-law No. 15-125, To Regulate Trees on or Affecting Public Property

Do I need a permit to work near a City tree?

Yes. Any work that may affect a tree on City property needs a public tree permit, including digging, storing equipment or materials, or changing the ground level near or within the tree's drip line, and pruning. Start a request with the City's online intake form on the Doing Work Near a Tree page.

A permit from another City group, such as a driveway permit, does not give you permission to remove or damage a public tree. If a City tree is removed, even with a permit, the City appraises it for compensation; one tree can be worth over $10,000.

Source: City of Hamilton, Doing Work Near a Tree

What are the fines for damaging a City tree?

On a first conviction, a person faces a fine of not more than $10,000 or $1,000 per tree, whichever is greater, and on a later conviction not more than $25,000 or $2,500 per tree. Corporations face up to $50,000 or $5,000 per tree, then $100,000 or $10,000 per tree. An officer can also order the work fixed, including paying for a replacement tree.

Source: City of Hamilton, By-law No. 15-125, To Regulate Trees on or Affecting Public Property

Will the City prune or remove the tree in front of my house?

City trees in the urban area are pruned on a 7-year cycle; in the rural area, pruning is done on request at 905-546-2489. The City removes its trees only if they are dead, diseased or dangerous by industry standard, then grinds the stump and, where appropriate, schedules a replacement. Report a damaged, fallen, dead or diseased City tree, or one damaging property, at 905-546-2489.

Messy fruit or seeds, leaves clogging eavestroughs or not wanting to rake are not valid reasons for removal. The City does not prune trees back from utility lines; contact the utility.

Source: City of Hamilton, Tree Ownership & Responsibilities

Can I ask for a free street tree?

Yes. The City plants street trees on the road allowance in front of homes: one tree a year on a standard lot, up to three a year on a corner lot. Request one online or at 905-546-2489, and a Forestry Investigator will choose a species and schedule planting. Trees are planted from May to June and September to November, and the City waters them every two weeks for two years.

Trees are not planted in a boulevard where the grass strip is narrower than 1.75 metres, and they go at least 6 to 10 metres from existing trees. After two years, watering is the owner's job; the City still does all trimming.

Source: City of Hamilton, Street Tree Planting Program

Sources

Every factual claim above traces to one of these documents.

  1. City of Hamilton

    Tree Ownership & Responsibilities

    Retrieved October 7, 2026

  2. City of Hamilton

    Property Use By-laws

    Retrieved October 7, 2026

  3. City of Hamilton

    Doing Work Near a Tree

    Retrieved October 7, 2026

  4. City of Hamilton

    Street Tree Planting Program

    Retrieved October 7, 2026