Woodland By-Law

The Regional Woodland By-law applies to Woodlands within the region that are one hectare (2.5 acres) in size and greater. Areas that are less than one hectare are the responsibility of the local area municipalities.

The Regional Woodland By-law was passed by Durham Regional Council on July 29, 2020. The Regional Woodland By-law is in place to prohibit or regulate the destruction or injury of trees within the Woodlands across the Regional Municipality of Durham. The Regional Woodland By-law also aims to improve and sustain healthy Woodlands and their related natural habitats and environments. The overall goal is to contribute to ecosystem health, human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover.

Woodlands do not include orchards, tree nurseries, holiday tree plantations, fence rows, or lands previously cleared for agricultural purposes that have become overgrown with scrub and/or small trees and are intended to be used again for farming.

If you are planning to cut down or remove trees within a Woodland and any Sensitive Natural Areas, you may need a permit from the Region.

There are two types of permits available:

Good Forestry Practices Permit

In minor situations where just a few trees are to be removed, the Region has the discretion to waive the need for a permit. If more than 50 trees are to be removed, or if the Woodland contains a Sensitive Natural Area, a Forest Management Prescription may be required.

Clear Cutting Permit

You need a Clear Cutting Permit if you plan to remove an entire woodland, or if you want to clear cut an area of woodland more than 0.1 hectares (1/4 acre).

If the woodland area you want to clear cut is less than one hectare in size, the permit may be issued administratively by the Commissioner of Community Growth and Economic Development. If the area you want to clear cut is greater than one hectare, approval from Regional Council is required, as well as a public meeting.

The by-law specifies that the removal of trees as part of normal farm practices are exempt. Normal Farm Practice includes the removal of trees for personal use, as well as the removal of trees for farm-related uses (such as fence posts and rails).

Normal farm practices do not include clear cutting of any kind. Permit fees will be waived for bona fide farmers.

The Regional Woodland By-law does not apply to the following situations:

• Activities undertaken by the Region, a local area municipality or a conservation authority.
• Trees removed for surveying purposes.
• Trees removed for the purpose of constructing or maintaining a transmission system, gas line, pit or quarry.
• Where a building permit has been issued for a building or structure.
• The removal of dead and/or hazardous trees.