You may need approval before cutting down trees on your property. Properties at least one hectare (2.47 acres) in size are subject to the County of Simcoe’s Forest Conservation By-law.
Please contact us to find out if any restrictions apply.
Trees
Trees are a vital part of Midland’s natural environment, providing beauty, shade, cleaner air, and essential habitat. To help preserve this valuable resource, the Town regulates certain tree removals depending on property location and land use.
Tree protection and maintenance are regulated through a combination of provincial legislation and municipal by-laws, in the Province of Ontario. Municipalities are permitted to implement and enforce local tree regulations within their jurisdiction.
Frequently Asked Questions
Can I cut down trees on my property?
What are my rights when it comes to Dead/Dying/Damaged Trees?
The Town of Midland’s Property Standards By-law Section 4.1 (e) along with the Clean Yards By-law Section 2.2 (a) regulate dead/dying/damaged trees. Residents are encouraged to review these by-laws for more information.
A standing, dead tree does not meet the criteria actionable by this by-law. If a tree is actively losing limbs or is leaning/broken in a manner where it is determined that it could come down at any moment – action is enforced by the municipality.
If the tree is not actively losing limbs or leaning/broken, the consent lies with the property owner(s) and would need to be resolved between themselves.
A tree/limb crosses over a property line. Who is responsible for this?
Common law has identified the responsibility of tree limbs that extend over property lines, to fall to the property over which the limb resides – not the origin of the tree from which the limb extends.
The Town of Midland seeks enforcement of this matter if it meets the definition of an Unsafe Condition, meaning “any condition that poses or constitutes an undue or unreasonable hazard or risk to life, limb or health of any Person on or about the Property."
Tree Preservation: What can I not cut/remove?
If you have an Endangered species on your property, this is protected by the Endangered Species Act (ESA). The Ministry of Environment, Conservation and Parks (MECP) is responsible for administering the ESA and its Regulations. Inquiries in regards to Endangered Species and Heritage trees can contact the Species at Risk (SAR) branch directly at SAROntario@ontario.ca (Permits) or ESAReg@ontario.ca (Registrations).
Trying to identify your tree? A list of SAR within the Province can be found at Species at risk in Ontario | ontario.ca
Certified Arborists
Residents are encouraged to connect with a Certified Arborist for inspection/maintenance of trees on private property. Certified Arborists can be located here https://www.isaontario.com/hire-a-certified-arborist/. A certified Arborist’s report is often requested to settle disputes on the health status of a tree/limb – especially those near/over a property line.
Frequently Asked Questions
How do I Report a Park Tree Concern?
If you have any concerns about a tree within a Town of Midland Park, please Customer Service.
What do I do if a tree on my boulevard does not look healthy?
Trees that grow on the boulevard are Town trees. If you have any questions or concerns about the health of the tree or tree removal, please Contact Us.
Our Operations staff will inventory trees on our property for maintenance.
I want plant a tree or shrub and I need to dig, what do I need to know?
Please contact Ontario One Call before you dig for any project.
If you would like to plant a tree and believe the area of your boulevard may be Town property, please Contact Us.
Please keep gardening projects enough distance from the boulevard. Winter maintenance can damage these features.
The Town cut a tree down and left the stump, when will it be removed?
The Town will remove the stump when the work is possible to be scheduled. Stump removal is a lower priority and may take time for us to complete. Unhealthy tree maintenance takes priority over stump removal. Due to storms or major wind events, we focus on our tree maintenance based on safety concerns.
How do I know if it's a town tree?
If you are unsure of a tree on your boulevard being Town property or your own, please Contact Us.
Please note that the property owner may need to get a land survey to determine where the property line is. Tree issues on private property are the responsibility of the property owner.
Where can I find out about invasive insects?
Visit Invasive Insects – Invasive Species Centre for more information.
Tree Dedication in Parks
Town staff will work with you to select not only the appropriate tree species but also a location that ensures your dedication thrives. Learn more about our Commemorative Program.
If you have any questions, please contact Customer Service.