Hamilton By-law 14-212, s. 5(a) — Urban Woodland Conservation By-law (Trees - Private Property)

activities or matters undertaken by the City, a local board, or a Conservation Authority;

• (b) activities or matters undertaken, in accordance with a licence issued under the Crown Forestry Sustainability Act, 1994;
• (c) the injuring or destruction of a tree in a woodland 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;
• (d) the injuring or destruction of a tree in a woodland, in accordance with an approved Tree Protection Plan, submitted with an application for a Site Plan, a Plan of Subdivision, or a Consent under Sections 41, 51, or 53 of the Plannin.q Act, or as a requirement of a Site Plan Agreement or Subdivision Agreement entered into under those Sections;
• (e) the injuring or destruction of a tree in a woodland, in accordance with an approved Tree Protection Plan, submitted with an application for a Condominium Plan under the Condominium Act, 1998;
• (f) the injuring or destruction of a tree in a woodland by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section;
• (g) the injuring or destruction of a tree in a woodland by any provider of

a public utility, as that term is defined in Subsection 1(1) of the Municipal Act, 2001, for the purpose of constructing and maintaining the public utility;

• (h) the injuring or destruction of a tree in a woodland undertaken on land described in a licence for a pit or quarry, or a permit for a To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton wayside pit or wayside quarry issued under the AClclreclate Resources Act;
• (i) the injuring or destruction of a tree in a woodland undertaken on land in order to lawfully establish and operate or enlarge a pit or quarry on land,
• (i) that has not been designated under the Aq.clre.clate 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 Plannin,q Act;
• d) the injuring or destruction of a tree in a woodland which is a hazard to any person, building or structure;
• (k) the injuring or destruction of a tree in a woodland in the interest of public safety;
• (i) the pruning of a tree in a woodland, in accordance with good arboricultural practice to maintain the tree's health;
• (m) the injuring or destruction of a tree in a woodland with its trunk or trunks entirely located within 3 metres of the outer edge of an existing occupied building; or,
• (n) the injuring or destruction of a tree in a woodland necessary for the erection of a building, structure, or thing in respect of which a Building Permit under the Buildin.q Code Act, 1992 has been issued. Permit Process: Applications: , An owner may injure or destroy their tree in a woodland, or permit the injuring or destruction of their tree in a woodland, provided that they comply with a Permit obtained from the Director to do so. , An owner shall apply for a Permit under Section 6 by submitting to the Director a completed Permit application form as prescribed by the Director, and any application fee. ° Before issuing a Permit for the injuring or destruction of trees in a woodland, the Director may require that:
• (a) the owner submit a Forest Management Prescription; and, To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton
• (b) the trees to be injured or destroyed are marked with paint, in accordance with the Forest Management Prescription. , No Permit shall be issued for the injuring or destruction of trees in a woodland unless:
• (a) the Permit application form has been completed and submitted to the Director;
• (b) any application fee has been submitted to the Director; and,
• (c) no substantially similar Permit application has been previously refused, in whole or in part:
• (i) by the Director, under Sections 11 or 12; or,
• (ii) by Council, under Section 24.