When do you need a tree permit to renovate or build in Markham?Under Markham’s Tree Preservation By-law 2023-164, you need a permit before injuring or removing a private tree with a trunk diameter of 20 cm or more, measured 1.37 metres above the ground, whatever its health. Development projects may also need a Tree Assessment and Preservation Plan from a qualified tree expert, and replacement planting or cash-in-lieu can be a permit condition. Trees on a property line need the neighbour’s consent. Check the trees before you buy a lot for a rebuild.
Mature pockets such as German Mills, Bayview Glen, Grandview and Bullock attract move-up buyers and custom builders because of their large lots. The same mature trees that make those streets beautiful can shape, and sometimes shrink, what you can build.
Michael John Lau, a REALTOR® with the Kaizen Real Estate Team, one of the most active real estate teams in Markham and York Region, encourages infill buyers to look at the trees as carefully as the house.
The 20 cm rule
| Item | Rule |
|---|---|
| By-law | Tree Preservation By-law 2023-164 |
| Permit threshold | Trunk diameter of 20 cm or more at 1.37 m above the base |
| Applies to | Injuring or destroying a tree, regardless of health or risk |
| Processing fee | $20.50 per application, effective January 16, 2026 |
| Review time | Within 45 days of payment |
Tree protection zones and digging
Roots spread well beyond the trunk. Excavating for a new basement, addition, pool or driveway near a protected tree can injure it, which also needs a permit. On development projects, the City may ask for a Tree Assessment and Preservation Plan showing protection fencing and where you can and cannot dig. That can change your building footprint.
Boundary trees
A tree on or crossing a property line belongs to both owners. Under the Forestry Act, injuring or removing it needs the adjacent owner’s consent, and the City’s printed application has a space for their signature. A neighbour who says no can delay a project.
Buying a lot to rebuild?
Michael John Lau can help you flag tree issues before you firm up.
Book a buyer consultationSearch Markham homesPrefer to talk? Call the Kaizen Real Estate Team at (647) 370-8885.
Costs to plan for
- A qualified arborist or tree expert report
- Replacement planting or cash-in-lieu, if required as a permit condition
- Protection fencing during construction
- Possible design changes to avoid root zones
The City does not list replacement ratios on its permit page, so ask the Tree Preservation Unit early.
Before you buy a lot to rebuild
- Map the trees over 20 cm on the lot and near its edges.
- Have an arborist estimate root zones against your plan.
- Talk to neighbours about shared trees.
- Build time for the permit into your schedule.
Ultimately, the decision is yours. The goal is to make sure you have all the information before you buy a lot to build on.
In mature Markham neighbourhoods, the trees are part of the plan. Call the Kaizen Real Estate Team at (647) 370-8885 or book a consultation.
Frequently asked questions
Do I need a permit to cut down a tree in Markham?
Yes, for a private tree with a trunk diameter of 20 cm or more at 1.37 metres.
What if the tree is dead or dying?
A permit is still required, though replacement may not be required for dead or hazard trees.
How long does a tree permit take?
The City reviews applications within 45 days of payment.
What about a tree on the property line?
You need the neighbour's consent under the Forestry Act.
Will I have to plant replacement trees?
Replacement planting or cash-in-lieu may be a permit condition.
What happens if I remove a tree without a permit?
The City says non-compliance may result in penalties.
Michael John Lau and Neeraj Moolchandani are licensed REALTORS® with the Kaizen Real Estate Team, eXp Realty, Brokerage, 9763 Markham Rd, Markham, ON L6E 1A4. Licence #4784577. Call (647) 370-8885. Tree permit rules, the $20.50 fee and review timing are from the City of Markham Tree Permit Application page (By-law 2023-164). Confirm details with the Tree Preservation Unit. This article is general information only and is not financial, legal or tax advice. Not intended to solicit buyers or sellers currently under contract with another brokerage.
