HomeMy WebLinkAboutINS-2025-190 - Updates to the Public Tree By-lawStaff Report
Infrastructure Services Department www. kitchen er.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: June 2, 2025
SUBMITTED BY: Jeffery Silcox -Childs, Director, Parks & Cemeteries, 519-783-8877
PREPARED BY: Hajnal Kovacs, Forestry Project Manager, 519-783-8864
WARD(S) INVOLVED: All
DATE OF REPORT: June 2, 2025
REPORT NO.: INS -2025-190
SUBJECT: Updates to the Public Tree Bylaw
RECOMMENDATION:
That Chapter 690 Public Tree Bylaw (By-law 87-293) in its entirety be repealed and
replaced with the proposed Public Tree Bylaw, as outlined in staff report INS -2025-
190 Attachment A; and,
That the Clerk be authorized to update Chapter 690 of the City of Kitchener Municipal
Code to reflect the proposed changes; and,
That the Administrative Penalty By-law Fines for Public Tree Bylaw, as noted in
Attachment B to staff report INS -2025-190, be approved; and,
That staff be directed to implement the new bylaw, including necessary education,
enforcement, and monitoring measures, to ensure compliance and the long-term
health of the City's urban forest.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend Chapter 690 Public Tree Bylaw be repealed
and replaced.
• Financial impacts are anticipated to include additional revenues associated with
increases to the Administrative Penalty By-law Fines for Public Tree Bylaw however
they are anticipated to be offset by increased efforts to support bylaw compliance
including the increased need for inspections, education and outreach.
• Engagement included community feedback through Engage Kitchener in October 2024
and collaboration with internal teams.
• This report supports Cultivating a Green City Together: Focuses a sustainable path
to a greener, healthier city; enhancing & protecting parks & natural environment
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 12 of 41
while transitioning to a low -carbon future; supporting businesses & residents to
make climate -positive choices.
BACKGROUND:
In 2022, Council endorsed a tree canopy target of 30 per cent for each ward by 2050 and
an overall City-wide tree canopy target of 33 per cent by 2070. In 2023, staff reviewed the
existing tree conservation processes and identified specific enhancement opportunities to
current tree conservation tools and processes. The intent of the review was to extend and
strengthen the tree conservation measures that support the tree canopy target.
This report brings a recommendation to Council to repeal and replace the Public Tree Bylaw,
Chapter 690, which will improve and expand City's urban tree canopy cover on City land to
support the tree canopy target.
REPORT:
Forestry and Planning Staff have initiated several projects that improve and expand
Kitchener's Urban Forestry Program and enhance Kitchener's tree canopy cover. The
retention and management of existing trees is one of the greatest opportunities to achieving
the City's tree canopy targets.
1. Public Tree Bylaw
Staff have comprehensively updated the Public Tree Bylaw to enhance tree
protection, clarify requirements, and align with best practices in urban forestry and
good arboricultural practices. The existing Chapter 690 Public Tree Bylaw will be
repealed and replaced with a bylaw that reflects current regulatory needs, operations,
and community expectations shared through Engage Kitchener feedback in October
2024.
The proposed Public Tree Bylaw (Attachment A) was developed in consultation with
key internal departments to ensure alignment with citywide policies. Notable changes
to the bylaw include:
• Expanding and clarifying definitions to improve consistency and enforcement
• Strengthening tree protection measures and establishing new requirements
• Granting authority to issue Orders to cease or correct bylaw contraventions
• Regulating plantable spaces to support tree growth and long-term canopy
goals
• Implementing an updated tree removal and compensation program to
enhance urban canopy retention
• Updating tree planting specifications to align with best practices
In January 2024, bylaw staff implemented the Administrative Monetary Penalty
System (AMPS) to streamline municipal bylaw enforcement, including the Public Tree
Bylaw. As part of the proposed repeal and replacement of the Public Tree By-law,
updates to fines are being recommended. These include both an expansion and an
increase of penalties for public tree -related infractions. The increases act as a
deterrent and better reflect the value of damages. The revised fines will be reflected
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through updates to Schedule A of the Administrative Penalty By-law for Non -Parking
By-laws (Attachment B).
Staff are collaborating to review and update Chapter 895, Boulevard Beautification
and Maintenance Bylaw, to align with the new standards proposed in the new Public
Tree Bylaw.
While an entirely new tree permitting system was not pursued at this time, staff will
manage City trees and plantable spaces on public land using the updated bylaw and
internal mapping tools. This will help support canopy retention goals and in managing
anticipated growth in project planning and permit reviews.
By repealing and replacing the existing bylaw, the City aims to improve compliance,
enhance the resilience of the urban forest, and provide greater clarity for residents,
project managers, and other stakeholders who are working around City -owned trees.
Pending Council approval, staff will implement the new bylaw with supporting
education, enforcement, and monitoring measures to ensure its effective application.
2. For Information
Tree Protection Standards
Staff have updated tree protection standards to align with best practices, supporting
tree retention and canopy growth alongside the revised Public Tree Bylaw.
Developed with internal and external review, these standards define the Tree
Protection Zone (TPZ) based on tree diameter, as outlined in the Tree Preservation
Detail & Notes (Attachment C). The Tree Preservation Detail & Notes provides
guidance on working around retained public trees, including TPZ requirements, tree
protection fencing, and signage installation. This document will be available on the
City's website and updated as needed.
Tree Planting
In 2024, staff updated the City's Standard Tree Planting Detail to guide the planting
of trees on City property. This standard aligns with best practices to ensure
successful tree establishment, improve planting quality, and support the City's long-
term canopy goals. This document will be available on the City's website and updated
as needed.
Compensation Program
Staff have updated the Public Tree Removals and Compensation program
(Attachment D) that establishes tree compensation ratios and cash -in -lieu options for
approved public tree removals. Compensation is not based on a 1:1 replacement or
the financial value of the removed tree, as the loss of an established tree significantly
impacts canopy cover, often taking decades to restore.
To address this, the program applies increasing values of compensation based on
tree diameter, ensuring replacement efforts which reflect both the loss of the
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individual tree and its broader canopy contribution. Cash -in -lieu options cover the full
cost of compensation trees, including purchase, installation, establishment, and a
two-year warranty and watering maintenance period. The program aligns with
industry standards for compensation and supports tree canopy growth with
respective text in the updated Public Tree Bylaw.
STRATEGIC PLAN ALIGNMENT:
This report supports Cultivating a Green City Together: Focuses a sustainable path to
a greener, healthier city; enhancing & protecting parks & natural environment while
transitioning to a low -carbon future; supporting businesses & residents to make
climate -positive choices.
FINANCIAL IMPLICATIONS:
Attachment B outlines the increased administrative fines to support the new Public Tree
Bylaw which may result in additional revenues to the City.
It is also anticipated that additional expenses may be required to enforce, inspect and
provide education regarding the provisions in the Public Tree By-law
At this time, there are no anticipated net financial impacts however staff will monitor
revenues and expenses associated with the new Public Tree By-law and any impacts will
be brought forward through subsequent budget processes.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — Community engagement included a City -owned Tree Conservation and
Management engagement page on Engage Kitchener in October 2024. Internal consultation
occurred in early 2025 to prepare new bylaw text, specifications, and a public tree removal
compensation program.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2023-161 Tree Conservation Processes Review
• INS -2022-002 Tree Canopy Target for Kitchener
• INS -20-017 — Kitchener Urban Forest Canopy - Update
• INS -19-008 — Approval of Sustainable Urban Forest Strategy (2019 — 2028)&
Implementation Plan
REVIEWED BY: Joshua Shea, Manager, Forestry & Natural Areas Management
Natalie Goss, Manager, Policy and Research
Carrie Musselman, Senior Environmental Planner
Barbara Steiner, Senior Environmental Planner
Gaurang Khandelwal, Policy Planner
Gloria MacNeil, Director of Bylaw Enforcement
Page 15 of 41
Erin Kearney, Associate City Solicitor
Erin Mogck, Associate City Solicitor
APPROVED BY: Denise McGoldrick, General Manager, Infrastructure Services
Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A — Chapter 690 Public Tree Bylaw (By-law 87-293)
Attachment B — Administrative Penalty Fines
Attachment C — Tree Preservation Detail & Notes
Attachment D — Public Tree Removals and Compensation
Page 16 of 41
BY-LAW NUMBER XXXXX
of the
CITY OF KITCHENER
(being a bylaw to repeal and replace Chapter 690 of the City of Kitchener Municipal
Code as it relates to public trees )
WHEREAS it is deemed expedient to repeal Chapter 690 of The City of Kitchener
Municipal Code as adopted by By-law 87-293 and to replace it with this by-law;
AND WHEREAS section 135 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a municipality to prohibit or regulate the destruction or injuring of trees;
AND WHEREAS pursuant to section 431 of the Municipal Act, 2001, S.O. 2001, c. 25,
as amended, authorizes, in addition to any other remedy and to any penalty imposed by
a by-law passed under subsection 135 (1), the court in which a conviction has been
entered to make an order requiring the person convicted to correct the contravention in
the manner and within the period that the court considers appropriate;
AND WHEREAS subsection 62(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended authorizes a municipality, at any reasonable time, to enter upon land lying
along any of its highways to inspect trees and conduct tests on trees, and to remove
decayed, damaged or dangerous trees or branches of trees if, in the opinion of the
Municipality, the trees or branches pose a danger to the health or safety of any person
using the highway;
AND WHEREAS subsection 62(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended authorizes an employee or agent of a municipality to remove a decayed,
damaged or dangerous tree or branch of a tree immediately without notice to the owner
of the land upon which the tree is located, if, in the opinion of the employee or agent,
the tree or branch poses an immediate danger to the health or safety of any person
using the highway;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a
municipality, amongst other things, to delegate its authority, to impose fees or charges
on persons for services or activities provided or done by or on behalf of it, to provide for
inspections and inspection orders, and to make orders to discontinue activity or to do
work;
AND WHEREAS the Council for the Corporation of the City of Kitchener deems it
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desirable to prohibit the injury or destruction of trees for the purpose of:
1. Minimizing the destruction or injuring of trees;
2. Regulating and controlling the removal, maintenance and protection of
trees;
3. Protecting, promoting and enhancing the aesthetic value of trees;
4. Sustaining a healthy natural environment; and,
5. Contributing to the human health and quality of life of all persons who
work, live, or play in the City of Kitchener though the maintenance of tree
cover.
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Definitions
"administrative penalty by-law" means the Administrative Penalty By-law of the City, as
amended from time to time, or any successor thereof.
"arborist" means an expert in the care and maintenance of trees and includes an
arborist qualified by the Ministry of Training, Colleges and Universities, a forest
technician or forestry technologist with an applicable college diploma and a minimum of
two years urban forestry experience, a certified arborist qualified by the Certification
Board of the International Society of Arboriculture, a consulting arborist registered with
the American Society of Consulting Arborists, a Registered Professional Forester
designated pursuant to the Professional Foresters Act, 2000, or a person with other
similar qualifications as approved by the Director.
"City" means The Corporation of the City of Kitchener.
"City Arborist" means an Arborist acting for the City or any designated person acting
under his or her direction;
"City Standards" refers to the specification drawings or programs related to tree care
and maintenance created by the City of Kitchener, available on the City's website and
as may be amended from time to time including but not limited to:
(a)Tree Preservation Detail & Notes
(b)Standard Tree Planting Detail
(c)Public Tree Removals and Compensation
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"dead tree" refers to a tree or part of a tree that has no significant living tissue as
determined by a City Arborist, including trees that may produce shoots but lack the
ability to sustain healthy growth or recover.
"deface" includes but is not limited to the painting or carving of words, figures, symbols
or any other markings on the bark of a tree;
"Department" means the Infrastructure Services Department of the City of Kitchener.
"designated provision" means any section of this Chapter designated in accordance with
Article 7.
"destroy" means to change the structure or condition of a tree such that it cannot
reasonably be returned to its original structure or condition;
"diameter breast height" (DBH) means the diameter of a trunk of a tree from the outside
bark at a height of 1.37 meters above the existing ground adjoining its base or where
there are multiple trunks, means the square root of the sum of each stem diameter
squared measured from the outside bark at a height of 1.37 meters.
"Director" means the Director of Parks and Cemeteries for the City, or his/her designate
"Director of Enforcement" means the Director of By-law Enforcement for the City.
"hazardous" means destabilized or structurally compromised to an extent that it
presents an imminent danger of causing property damage or injury to life as determined
by an arborist.
"injure/injury" means any act that will harm or interfere with the health, structure, or
stability of a tree in any manner, which includes but is not limited to:
(a) the cutting, topping, pruning, pollarding, debarking, defacing, marking, or girdling
of trees;
(b) burning or applying chemicals on, near, or around a tree;
(c) cutting or breaking tree roots;
(d) placing in the tree protection zone any materials, vehicles or equipment that
impede water, air, or nutrients to the roots of a tree;
(e) altering a tree's environment by regrading, soil compaction, or trenching within
the tree protection zone;
(f) affixing materials to a tree;
(g) transplanting a tree;
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(h) failing to comply with tree protection measures as outlined in the City Standards;
or
(i) any other damage resulting from neglect or intentional damage.
"land" includes all property within the City.
"officer" means a Municipal Law Enforcement Officer for The Corporation of the City of
Kitchener or staff from the Infrastructure Services Department as designated by the
Manager, Forestry & Natural Areas Management, or his/her designate.
"person" includes a company, a corporation, a partnership, an individual, a public utility
or a person.
"plantable space" refers to areas designated for tree planting that meet spacing, soil
volume, and infrastructure clearance requirements as deemed by the City Arborist.
"site" means the area of land containing any tree proposed to be injured.
"tree" means any tree, all or part of which, is located on a City property, now or
hereafter growing on property of the City and refers to all parts of the tree including the
roots, crown (branches and leaves) and stem (trunk). This includes boundary trees as
contemplated in the Forestry Act, RSO 1990, Chapter F. 26.
"tree protection zone" is the area around the trunk where roots essential for tree health
and stability are located. The tree protection zone is determined based on the
measurements indicated in the City Standard Tree Preservation Detail & Notes.
2. INFRASTRUCTURE SERVICES DEPARTMENT
2.1 The Department is hereby authorized to administer, carry out and enforce the
provisions of this Chapter and perform all acts and give all consents hereunder that are
not required by law to be given by this Council.
2.2 The Department is hereby authorized to do all acts necessary to provide for the
planting, care and maintenance of all trees on City property. Care and maintenance
includes but is not limited to, without notice to any person, the pruning of trees provided
that they are preserved so far as is reasonably possible.
2.3 The Department is hereby authorized to assess, designate, and regulate
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plantable spaces on City property. Once a plantable space is designated, only activities
that do not compromise its suitability for tree planting, as determined by City Arborists,
shall be allowed within the space.
2.4 The Department is hereby authorized to maintain or cause to be maintained,
without notice or compensation to any person, any tree located on private property
which extends over City property and which, in the Department's opinion, may be
hazardous, create an unsafe condition or otherwise interfere with City Standards.
3 PROHIBITIONS
3.1 No person shall:
(a) injure, cut, top, prune, pollard, debark, deface, mark, girdle, burn or apply
chemicals on, near, or around, or otherwise damage or destroy any tree or part
thereof;
(b) damage, remove, or destroy any support structure, including posts, stakes,
watering bags or guards attached to or surrounding a tree;
(c) cut down, uproot, or remove any tree, or part thereof, whether living or dead;
(d) undertake, cause, or permit any unauthorized activities, within a tree
protection zone that contravene the City Standards or any conditions imposed by
the City Arborist for the protection of trees on City property;
(e) raise or lower the grade around a tree in a manner that may endanger the
tree's health, or cause damage to its roots or branches;
(f) alter the grade around a tree where, in the opinion of the Department, such
alteration is likely to harm the tree, without specific written permission of the
Department;
(g) interfere with or permit to interfere with fences, structures, barriers, delineated
tree protection zones, signage, or any other protective measures around trees on
City property;
(h) attach, lean, or bury any building materials, equipment, or other items against
or around a tree, or within the tree protection zone; or
(i) fasten, tie or attach any fence, wire, lighting, bill, notice or animal to any tree or
to any post, stake or guard which supports a tree and any such animal or
material may be removed therefrom without notice or recompense to the owner
thereof.
Page 21 of 41
4. CONSTRUCTION
4.1 Any contractor, commission, corporation, organization, person, or individual
undertaking paving, sidewalk construction, excavation, or any other work on City
property shall take all necessary steps to avoid injuring any tree. All work shall comply
with applicable City Standards and any lawful direction given by an authorized officer of
the Department.
a) The person(s) responsible for any lot where construction, alteration,
disturbance, or demolition is taking place shall ensure protection of all trees on
City property within 6.09 metres (20 feet) of the lot or disturbance. If a City tree
exceeds 100 cm DBH, the required protection zone shall extend to 10.06 metres
(33 feet);
b) The tree protection zone required under this section must, at a minimum,
comply with the City Standard for Tree Preservation Detail & Notes;
c) No work, including construction, alteration, or demolition, shall begin until tree
protection measures are installed in accordance with City Standards and
approved by a City Arborist.
5. PLANTING TREES ON CITY PROPERTY
5.1 No person shall plant any tree partially or wholly on City property without the
permission of the Department. Any tree planted without permission may be removed
without notice or compensation to any person.
5.2 Every tree planted on a boulevard or other City property shall be planted in
accordance with the specifications of the City Standards as set out in the Standard Tree
Planting Detail and shall be at such distance from the street line as is necessary to keep
the underground services on the street free and clear from obstruction.
6. Statutory Exemptions
6.1 Section 3.1 does not apply to activities or matters undertaken:
(a) By a municipality or a local board of a municipality; or
(b) under a licence issued under the Crown Forest Sustainability Act, 1994
6.2 Section 3.1 does not apply to the injuring of trees:
(a) by a person licensed under the Surveyors Act to engage in the practice of
cadastral surveying or his or her agent, while making a survey.
Page 22 of 41
(b) in accordance with a condition to the approval of a site plan, a plan of
subdivision, consent or development permit under section 41, 51, 53 or 70.2
respectively, of the Planning Act, R.S.O. 1990, c. P.13 or as a requirement
of a site plan agreement or subdivision agreement entered into under those
sections.
(c) By a transmitter or distributor, as those terms are defined in section 2 of the
Electricity Act, 1998, c. 15, Schedule `A', for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms
are defined in that section.
(d) undertaken on land described in a licence for a pit or quarry or a permit for
a wayside pit or wayside quarry issued under the Aggregate Resources Act;
or
(e) undertaken on land in order to lawfully establish and operate or enlarge
any pit or quarry on land:
(i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act; and
(ii) on which a pit or quarry is a permitted land use under a by-law passed
under section 34 of the Planning Act, R.S.O. 1990, c. P.13.
7. ENFORCEMENT
7.1 Every person who contravenes any provision of this Chapter is guilty of an
offence and is liable, upon conviction, to a fine not exceeding Ten Thousand Dollars
($10,000), exclusive of costs, for each offence, recoverable under the Provincial
Offences Act.
7.2 Where an Officer is satisfied that a contravention of this bylaw has occurred, the
Officer may issue:
(a) a Notice to Cease Work requiring the person who contravened the by-law or
who caused or permitted the contravention or the owner or occupier of the land
on which the contravention occurred to discontinue the contravening activity,
and/or
(b) a Notice to Remedy requiring the person who contravened the by-law or who
caused or permitted the contravention or the owner or occupier of the land on
which the contravention occurred to do work to correct the contravention. which
may include but is not limited to:
i) Repairing or restoring damaged public trees or tree protection
measures;
Page 23 of 41
ii) Removing unauthorized materials or obstructions impacting a public
tree.
7.3 Any Notice issued under section 7.2 shall include:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention occurred;
(b) If work is ordered, a description of the work to be done; and
(c) the date by which there must be compliance with the Notice
7.4 No person shall fail to comply with a Notice issued under section 7.2.
7.5 Any person who fails to comply with a Notice issued under section 7.2 may be
subject to additional penalties as outlined in this bylaw, including fines, cost recovery for
remediation, or other enforcement measures.
7.6 Any person who damages a tree:
(a)shall be responsible to the City for the cost of repairing the tree, including the
cost of removing such part thereof which is damaged beyond repair; and
(b)shall report forthwith such damage to the Department and make suitable
arrangements for repairing the tree, including removing such part thereof
damaged beyond repair, by forestry personnel of the Department.
7.7 Any person who cuts down, roots up, removes, destroys or damages beyond
repair any tree shall be responsible to the City for the cost of removing the tree if it or
part thereof remains, plus a compensation for the loss of the tree(s) as outlined in the
City's Public Tree Removal and Compensation Program.
(a) when determining the number of trees for which the City is to be
compensated, a single tree is defined as all stems originating from a single point
at ground level.
7.8 Articles 3, 4, and 5 of this By-law are hereby designated as parts of this By-law to
which the Administrative Penalty By-law applies.
7.9 Any person shall be liable to pay an administrative penalty and any
administrative fees in accordance with the Administrative Penalty By-law, upon the
issuance of a penalty notice for a contravention of this Chapter.
Page 24 of 41
7.10 The Provincial Offences Act continues to apply to the provisions of this by-law in
addition to the designated provisions of this by-law.
7.11 Where a person has not paid the administrative penalty within 30 days in
accordance with the Administrative Penalty By-law, the City may add the administrative
penalty to the tax roll for any property for which the owner or owners are responsible for
paying the administrative penalty under Section 7.8.
8. TRANSITION
8.1 The repeal of the former Chapter 690 of The City of Kitchener Municipal Code as
amended and by-law 87-293 as amended in section 10.3 hereof do not:
(a) affect the previous operation of the repealed Chapter and by-laws;
(b) affect a right, privilege, obligation, or liability that came into existence under the
repealed Chapter or by-law;
(c) affect an offence committed against the repealed Chapter or by-laws or any
penalty or punishment incurred in connection with the offence; or
(d) affect an investigation, proceeding, or remedy in respect of a right, privilege,
obligation, or liability described in section 8.1(b), or a penalty or punishment
incurred in connection with the offence;
8.2 An investigation, proceeding, or remedy described in section 8.1(d) may be
commenced, continued, and enforced as if the Chapter and by-laws had not been
repealed or revoked.
8.3 A penalty or punishment described in section 8.1(c) may be imposed as if the
Chapter and by-laws had not been repealed or revoked.
9. Interpretation
9.1 Any articles, section headings, or captions used in this by-law are for convenience
of reference only and shall not affect its construction or interpretation.
10. Administrative
10.1 Each and every of the provisions of this by-law is severable and if any provision
of this by-law should for any reason be declared invalid by any court, it is the intention
and desire of this Council that each and every of the then remaining provisions hereof
shall remain in full force and effect.
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10.2 The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 690 so as to fit within the scheme of the Code.
10.3 Except for the purposes of Article 8 of this by-law, By-law 87-293 as amended
and the contents of Chapter 690 hereby repealed.
10. 4 This by-law shall be known as the "Public Tree By-law"
10.5 This bylaw will come into effect on the day of passing.
PASSED at the Council Chambers in the City of Kitchener this day of , A.D.
2025
Page 26 of 41
Attachment "B"
Administrative Penalty Fines
Chapter 690 (Public Tree Bylaw), as amended, of the City of Kitchener Municipal Code
COLUMN
COLUMN
COLUMN
COLUMN
COLUMN
1
2
3
4
5
Item
Designated
Short Form Wording
Set
Penalty
Provision
Penalty
Amount for
Amount
Second and
Subsequent
Contraventions
690.3.1 (a)
(injure/cut/top/prune/pollard/debark/deface/mark/
$1,000
$1,500
girdle/burn/apply chemicals on, near, or around) any
tree or part thereof
690.3.1 (b)
(damage/remove/destroy) any supporting structure
$300
$450
including posts, stakes, watering bags or guards
attached to or surrounding a tree
690.3.1 (c)
(cut down/uproot/remove) any tree or part thereof,
$1,500
$2,000
whether living or dead
690.3.1 (d)
(undertake/cause of) any unauthorized activities
$750
$1,125
within the tree protection zone of a tree or any
conditions imposed pertaining to the protection of any
tree
690.3.1(e)
failed to ensure the grade around any tree was not
$750
$1,125
raised or lowered so as to endanger its life or injure
the tree or cause damage to the roots or branches
690.3.1(f)
failed to get written permission to alter the grade
$500
$750
around a tree where, in the opinion of the Department,
such alteration is likely to harm the tree
690.3.1 (g)
interfered with fences, structures, barriers delineated
$500
$750
tree protection zones, or associated signage or other
rotect. devices around any tree
690.3.1 (h)
failed to ensure that no building materials of any kind
$300
$450
were (attached to/leaned against/buried) around a tree
and no signs shall be attached to a tree
690.3.1 (i)
failed to ensure that no fence, wire, bill, notice or
$300
$450
animal was (fasten/tied/attached) to any tree or to any
ost, stake or guard which supports a tree
690.4.1 (a)
failed to ensure adequate steps for the protection of
$1,000
$1,500
any trees on City property within 6.09 metres (20
feet) of any lot or disturbance were taken prior to
(construction/alteration/demolition).
Or failed to ensure adequate steps for protection of
trees >100cm in DBH, within 10.06 metres (33 feet)
of the lot or disturbance
690.4.1 (b)
failed to meet the minimum requirement for tree
$750
$1,125
rotect. standards
690.4.1 (c)
failed to take adequate tree protection measures prior
$750
$1,125
to commencing construction/alteration/demolition
690.5.1
planted any tree partially or wholly on City property
$300
$450
without the permission of the Department
Page 27 of 41
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KIT( I fl NIR
Public Tree Removal and Compensation Program
Apron 2025
To achieve the goal of 30% canopy cover in each Ward by 2050, the City of Kitchener has enhanced its
compensation for planting efforts when City -owned trees are removed due to public or private development
and infrastructure projects.
Compensation for tree removal is not based on a 1:1 replacement or the financial value of the tree that is
removed. The removal of an established tree has significant impact on canopy cover, which can take decades
to restore. To address this, the compensation ratios outlined below increase with the tree's DBH range,
ensuring that replacement efforts account for both the loss of the individual tree and its overall canopy
contribution to the City of Kitchener.
Prioritizing a project design that incorporates retention and protection of existing trees is the most effective
and preferred approach for maintaining overall tree canopy. The design should minimize impacts on existing
trees before considering compensation options for any City -approved public tree removals.
If the affected proponent is someone other than the City of Kitchener or its agent, only the cash -in -lieu
options apply. Cash -in -lieu will offset the costs of the City arranging for planting to be completed on the
proponent's behalf.
Contents
Definitions............................................................................................................................................................. 2
Planting Details and Stock Quality........................................................................................................................ 3
Notesand Exemptions..........................................................................................................................................3
Application of Compensation Requirements........................................................................................................4
Section A — Right -of -Ways, Boulevards, Center Medians, or Park Area Where Regular Turf Maintenance
Occurs (Maintenance Around Trees)....................................................................................................................4
Compensation Option A.1— Replanting...........................................................................................................4
Compensation Option A.2 — Cash-in-lieu..........................................................................................................4
Table 1: Section A Compensation Ratios and Cash -in -lieu Options..................................................................4
Section B — Park or Natural Area (No Maintenance Around Trees)..................................................................... 5
Compensation Option B.1— Replanting............................................................................................................ 5
Compensation Option B.2 — Cash-in-lieu.......................................................................................................... 5
Table 2: Section B Compensation Ratios and Cash -in -lieu Options..................................................................5
Page 1 of 5
Page 31 of 41
KIT( I fl NIR
DefinIItI®Ins
Amenity Trees: Trees located in public spaces such as rights-of-way, boulevards, center medians, and
park areas where regular turf maintenance occurs around a tree.
Caliper Tree: Caliper shall be the determining measurement when the caliper exceeds 40 mm.
Measured 15 cm (6 in.) above the soil line for trees with a caliper less than or equal to 100 mm (4 in)
and at 30 cm (12 in) above soil line for trees with a caliper greater than 100 mm (4 in). Amenity Trees
are planted as large 50mm Caliper Trees.
Caliper Tree Acceptance Criteria: City standards defining the required characteristics for trees
planted on City property.
Container Grown Tree: A plant grown and marketed in a container. As it pertains to this document,
when trees are planted into a Naturalized Area where mowing does not occur, the minimum tree
replacement size is 150 cm (lgal-5 gal) Container Grown Tree (CGT).
50mm Caliper Tree: A deciduous tree with a trunk caliper (diameter) of 50 mm at the time of
planting, typically used for tree replacements in maintained turf areas. For coniferous trees, the
replacement size is a 180 cm tall tree.
Diameter at Breast Height (DBH): When measuring diameter at breast height is measured in the
following ways:
(a) the diameter of a trunk of a tree from the outside bark at a height of 1.37 meters above
the existing ground adjoining its base; and
(b) where there are multiple trunks, means the square root of the sum of each stem diameter
squared measured from the outside bark at a height of 1.37 meters.
Hazardous Tree: A tree that is structurally compromised or destabilized to the extent that it poses an
imminent risk of property damage or personal injury, as determined by a Qualified Arborist with Tree
Risk Assessment Qualification.
Naturalized Area Trees: Trees located in natural areas where there is no regular turf maintenance,
allowing for natural ecosystem processes to occur.
Urban Forestry (UF) Staff: Staff within the City of Kitchener Infrastructure Services Department
responsible for the long-term planning and management of the urban forest.
Woodlands: Woodlands as defined in the Forestry Act, R.S.O. 1990, c. F.26 that are one hectare or
more in area with at least:
a. 1,000 trees of any size per hectare;
b. 750 trees measuring over five centimetres in diameter, per hectare;
c. 500 trees measuring over 12 centimetres in diameter, per hectare; or
d. 250 trees measuring over 20 centimetres in diameter, per hectare,
e. but does not include:
(a) a cultivated fruit or nut orchard;
(b) a tree nursery; or
(c) a plantation established for the purposes of producing Christmas trees.
Page 2 of 5
Page 32 of 41
KIT( I fl NIR
Qualified Arborist: Means an expert in the care and maintenance of trees and includes staff on the
Urban Forestry team, or an arborist qualified by any of the following: the Ministry of Labour,
Immigration, Training and Skills Development (Skilled Trades Ontario 444A)a Certified Arborist
qualified by the Certification Board of the International Society of Arboriculture (ISA), a Registered
Consulting Arborist registered with the American Society of Consulting Arborists (ASCA), a Registered
Professional Forester designated pursuant to the Professional Foresters Act, 2000, S.O. 2000, c. 18 or
a person with other similar qualifications as approved by the Director.
Terminally Diseased: Advanced and irreversible decline in tree health, that has resulted in the
majority of crown dieback or failure, due to severe insect infestation, infection by a pathogen, or
other causes.
Nandng Detalh and Stock QLAahfty
Planting on public lands can only be completed by contractors hired by the City of Kitchener.
Any Caliper Tree compensation planting must meet the requirements of the Caliper Tree Acceptance Criteria
from Urban Forestry. If the replacement stock is a Container Grown Tree, stock quality shall adhere to the
Canadian Nursery Landscape Association (CNLA) Canadian Nursery Stock Standard (latest edition).
Compensation plantings will be completed according to the following City tree planting details:
- UF.4.1 Standard Tree Planting Detail — February 16, 2024 (or latest edition)
- 900.10.5 Typical Potted and Bareroot Planting Detail —January 29, 2024 (or latest edition)
- 900.10.6 Typical Potted and Bareroot Planting Detail —January 29, 2024 (or latest edition)
Notes and IE:'xemptu®n,s
As determined by a Qualified Arborist and subject to approval by OF Staff, exemption from the
compensation identified in Table 1: Section A Compensation Ratios and Cash -in -lieu Options and Table 2:
Section B Compensation Ratios and Cash -in -lieu Options will apply in situations where trees are:
• Dead or in very poor condition
• Terminally Diseased
• Hazardous Trees
• European Buckthorn (Rhamnus cathartics)
For trees whose health or structure is in question of warranting compensation, OF Staff may approve
alternate compensation, including but not limited to a tree valuation completed by the proponent using the
latest edition of Council of Tree and Landscape Appraisers (CTLA) Guide for Plant Appraisal. Any appraisal
must use an installation and aftercare cost of $1,800.
Page 3 of 5
Page 33 of 41
KIT( I fl NIR
Ipphcatbn Of Compensatbri IReq,Wlr iments
I. Is the proposed removal taking place on public land, right-of-way, boulevard, center median, or park
area where regular turf maintenance occurs around the tree(s) in question?
i. Yes: Proceed to Section A — Right -of -Ways, Boulevards, Center Medians, or Park Area
Where Regular Turf Maintenance Occurs (Maintenance Around Trees),
ii. No: Read 2.
2. Is the proposed removal taking place on public land, right-of-way, in a park or natural area where
there is no regular turf maintenance around the tree(s) in question?
i. Yes: Proceed to Section B — Park or Natural Area (No Maintenance Around Trees),
ii. No: Contact OF team for support identifying which compensation method applies to your
project at tre_ :s_�'_ko cai fir.:: a.
ecdoin A IRS ght-Of Ways, Boulevards, Center IMe6ains, Or I'�airk Area Where
Re uDar .Turf IMai ntenance Occurs (IMauntenance Around ..arses)
If Amenity Tree removals on public land must take place to accommodate project designs, and the removals
are approved by the OF Staff, replanting compensation standards are to be followed as listed in Table 1:
Section A Compensation Ratios and Cash -in -lieu Options. These apply for replanting where the tree removal
took place and/or along the adiacent public property as approved by OF Staff. If the affected proponent is
someone other than the City of Kitchener or its agent, only the cash -in -lieu options apply.
Compensation Option A.2 — Casa -in -lieu
The purchase, installation, establishment, and 2 -year warranty and maintenance cost per Amenity Tree for
the City of Kitchener is $1,800. If tree removal on public land must take place to accommodate the project
design, and there is insufficient room to plant all required compensation trees on site, cash -in -lieu
requirements are to be followed as listed in Table 1: Section A Compensation Ratios and Cash -in -lieu Options.
Table 1: Section A Compensation Ratios and Cash -in -lieu Options
DBH Range (cm)
Compensation Ratio Factor:
Using 50mm Caliper Trees
Compensation Cash -in -lieu
0-9
1 tree / tree removed
$1,800
10-19
2 trees / tree removed
$3,600
20-39
3 trees / tree removed
$5,400
40-59
5 trees / tree removed
$9,000
60-79
7 trees / tree removed
$12,600
80-100
9 trees / tree removed
$16,200
>100
12 trees / tree removed
$21,600
NOTE: A combination of Options A.1 and A.2 may be acceptable if there is insufficient room to replant caliper
trees on-site, subject to approval by the City of Kitchener.
Page 4 of 5
Page 34 of 41
K111 I B NIR
Secdon B ........ [ ark or Natuvu4 Area (NO Mahritenance Around ...Frees)
Compensation Option B.1— Replanting
If Naturalized Area Tree removals on public land must take place to accommodate project designs, and the
removals are approved by the OF Staff, for every tree removed with a DBH >10cm, the compensation
standards are listed in Table 2: Section B Compensation Ratios and Cash -in -lieu Options. These apply for
replanting where the removal took place and/or along the adjacent natural area or park as approved by OF
Staff. If the affected proponent is someone other than the City of Kitchener or its agent, only the cash -in -lieu
options apply.
The composition of Container Grown Trees replacements must be 50% 1-2 gallon and 50% 3-5 gallon, unless
otherwise approved by OF Staff. A list of preferred native species can be found in Kitchener Species Selection
Matrix (can be found on the City's website and will be updated as needed). If the compensation trees are
proposed to be planted in a park or Natural Area please contact OF Staff to discuss planting a combination of
Caliper Trees and Container Grown Trees.
Compensation Option B.2 — Cash -in -lieu
The purchase, installation, establishment and 2 -year warranty and maintenance cost per Container Grown
Tree for the City of Kitchener is set at $122.50. If tree removals on public land must take place to
accommodate project designs, and there is insufficient room to plant compensation trees on-site, cash -in -lieu
requirements are to be followed as listed in Table 2: Section B Compensation Ratios and Cash -in -lieu Options.
In natural areas where no trees larger than 10 cm DBH are removed, but existing woodland (approximately
one or more trees of any size per 10 ml) is cleared in increments greater than 10 mz, compensation will
include container -grown trees and a native seed mix (species mix to be identified by OF staff upon request)
for disturbed soil areas. Cash -in -lieu options for these conditions will be reviewed on a case-by-case basis
with Urban Forestry staff.
DBH Range (cm)
Compensation Ratio Factor:
Using Container Grown Trees
(CGT)
Compensation Cash -in -lieu
0-9
None
None
10-19
8 CGT / tree removed
$980
20-39
12 CGT / tree removed
$1,470
40-59
20 CGT / tree removed
$2,450
60-79
28 CGT / tree removed
$3,430
80-100
36 CGT/ tree removed
$4,410
>100
48 CGT/ tree removed
$5,880
Area where no trees >10cm DBH are
removed, but Woodland habitat is
removed in increments >10M2
8 CGT / 10m2 of area removed with
a native seed mix added to any
disturbed soil areas
Contact OF Staff
NOTE: A combination of Options B.1 and B.2 are acceptable if there is limited room to replant on site.
Page 5 of 5
Page 35 of 41