Site Alteration and Tree Conservation By-Laws

view of moon river at sunset

Lands Subject to Both the Tree Conservation and Site Alteration By-Laws Include:

All lands within 300 ft. of a navigable waterway in the Waterfront as designated in the Official Plan;
All lands within 200 ft. of a navigable waterway in the Urban Centre or Community as designated in the Official Plan;
All lands zoned Environmental Protection in the Township Comprehensive Zoning By-Law;
All lands zoned Scenic Corridor in the Township Comprehensive Zoning By-Law; and
All lands on an island within the Township, beyond those areas listed above, except in the case of Tobin Island, Acton Island, Tondern Island, Royal Muskoka Island, and Bala Park Island.

When owners have obtained a building or septic permit, or have obtained site plan approval, owners are permitted to alter their property or remove trees within the building envelope(s) and the associated buffer zone(s) as stated in the by-law.

Tree Conservation

The Tree Conservation By-Law is put in place to conserve, prohibit, protect, restrict and regulate the possible harvesting, removal, injuring, damaging and destruction of trees on private property in the Township.

Some Exemptions Include:

Trees injured or removed by or with the permission of the Township that are situated on lands owned or controlled by the Township;
Removal of damaged or destroyed trees in the interest of public safety;
Trees that are part of a plantation for the purposes of orchard, nursery, or Christmas tree farm;
Trees measuring less than 1 inch in diameter;
Removal of dead or dangerous trees or stumps in accordance with good forestry practice; and
Pruning tree branches in accordance with good arboricultural practice to maintain, improve, or protect tree health.

For a full list of exemptions, please refer to the Tree Conservation By-law.

A Tree Cutting Permit is required if an owner does not fall under any of the exemptions and the trees are located within the lands subject to the by-law.

The Tree Cutting Permit Application can be found on the Township's website.

Site Alteration

The Site Alteration By-Law is put in place to regulate and prohibit modifications being made to the landscape on properties in the Township.

For a full list of exemptions, please refer to the Site Alteration By-law.

The Site Alteration Permit Application can be found on the Township website.

Learn more about these By-Laws and improving your property in this webinar.

Frequently Asked Questions

I have a dead tree in my front yard, and want to cut it down. Do I need a permit?

No. Under the exemptions in the tree conservation by-law, any dead, dangerous, or severely injured trees can be removed in accordance with good forestry practice without a permit.

I want to clear a group of trees from beside my house to construct a small structure. Do I need a permit?

Yes. An owner would require a tree cutting permit, unless the structure has been previously approved through a site plan agreement. It is recommended that these small structures are built in an area that does not require any tree removal.

I want to build a patio in my front yard for a sitting area. Am I allowed to do so?

Property owners are permitted to construct patios within the provisions outlined in Section 3 (m) in the Site Alteration By-Law and/or Section 3 (w) in the Tree Conservation By-Law. Please note that there are size limitations to these patios based on your assessed frontage (waterside).

I want to build a stone pathway from my house down to my dock. Can I do so without a permit?

Yes. Stone pathways are permitted without having to obtain a permit. These pathways can be a maximum of 6 ft. wide, and should incorporate spacing between the stones to allow for surface water to drain into the land naturally. No trees shall be removed in order to construct a stone pathway.

There is someone I believe cutting trees down near the lake. How can I report this action?

Please report any suspected contraventions to the By-Law Division through this form.

I have a potentially diseased tree on my property, can a remove it?

Yes, an owner can remove a diseased tree on their property if they provide one of the following before the tree is removed: clear, concise and satisfactory evidence via photographs/site investigation, or by providing the Township with a satisfactory Arborists Report confirming the tree is diseased and the rationale on why it should be removed.

I have some questions about work that I want to do in relation to site alteration. What is the best way to find out what I can and cannot do?

If you are unclear on the provisions of the by-laws, please contact the By-Law Division at bylaw@muskokalakes.ca or by calling 705-765-3156 x358 or x280.