If you own property in Markham and you’re planning to remove or prune a mature tree, there’s a good chance you need a permit first, even if the tree is on your own land. Markham’s Tree Preservation By-law 2023-164 regulates private trees across the city, and the rules catch a lot of homeowners off guard because the size threshold is lower than most people expect.
Here’s what the by-law actually requires, who it applies to, and how the permit process works.
What By-law 2023-164 Covers
Markham replaced its older 2008 tree preservation rules with By-law 2023-164, effective December 13, 2023. It regulates the injury or destruction of trees on both private and city-owned property.
The key threshold to know:
- Private trees: protected once the trunk reaches 20 cm in diameter at breast height (DBH), measured 1.37 metres above the ground
- City-owned trees: protected at any size, regardless of diameter
- The rule applies regardless of the tree’s health or risk level, meaning a declining or storm-damaged tree still needs a permit unless it qualifies for the hazard exemption below
A 20 cm trunk is smaller than most homeowners picture as a “mature tree.” Many established trees in neighbourhoods like Unionville, Cornell, Berczy Village, and Cachet cross this threshold well before they look large enough to worry about.
When You Need a Permit
If you want to remove or injure a regulated private tree in Markham, a Tree Permit application is required before work begins. This applies whether the tree is being removed outright, or “injured” through significant pruning, root cutting, or grading near the base.
A few situations that commonly trigger the requirement:
- Removing a mature shade tree during a landscaping project
- Clearing trees to make room for a pool, addition, or driveway
- Pruning that goes beyond routine maintenance and affects the tree’s structure or root zone
- Any tree on or near a property line, which additionally requires the adjacent owner’s written consent
If you’re unsure whether your tree meets the 20 cm threshold, measure carefully or have a professional check it. Guessing wrong can create compliance issues, particularly if a neighbour reports the removal.
The Application Process
Markham’s permit process is administered by the Tree Preservation Unit. As of January 16, 2026, a non-refundable $20.50 processing fee applies to every application.
The general steps:
- Submit the Tree Permit application through the City of Markham
- You’ll receive a confirmation email with a Bill Number and Folder Number
- Payment must be received within 24 hours, or the application may be cancelled
- Standard applications are reviewed within 45 days of payment being received
Where a permit is granted and the tree isn’t classified as dead, dying, or hazardous, the City may require replacement planting or a cash-in-lieu payment as a condition of approval.
Hazard and Dead Trees: A Faster Path
Markham does provide a faster route for trees that pose an immediate risk. If a tree has already failed, or is genuinely hazardous, photographic evidence and supporting documentation can be submitted directly to the Tree Preservation Unit rather than going through the standard review queue.
For high-risk or imminently failing trees, expedited review requires a Tree Risk Assessment Report prepared by a Tree Risk Assessment Qualified (TRAQ) arborist. This is where working with a certified arborist report service matters — the documentation needs to meet the City’s standard to qualify for expedited handling.
What Happens If You Skip the Permit
Removing or injuring a regulated tree without a permit is a contravention of the by-law and can result in penalties. Beyond the fine itself, the City can also require compensation for the tree’s value using Markham’s aggregate caliper appraisal method, which can be considerably more expensive than the permit process would have been.
If a tree crosses a property line, skipping the adjacent owner’s consent under the Forestry Act can complicate matters further, since both owners technically have a stake in the tree.
Working With a Professional
Given the 45-day review window and the documentation requirements for hazard exemptions, it’s worth starting the permit conversation before you have an urgent situation on your hands. A professional tree removal team that’s familiar with Markham’s process can help determine whether your tree meets the threshold, prepare the supporting documentation, and manage the removal safely once approval is in place.
Five Star Tree Care works across Markham, Richmond Hill, Vaughan, Toronto, Aurora, and Newmarket, and can help you navigate the tree removal permit process from start to finish. Request a quote or call (416) 990-3355 to get started.
For the official application and current fee schedule, see the City of Markham’s Tree Permit Application page.Tree