Do You Need a Permit to Remove a Tree in Duncan?

Duncan's Tree Protection Bylaw No. 3135

A Protected Tree under Bylaw No. 3135 is any tree 30 centimetres or more in trunk diameter, or 20 centimetres for Douglas fir, western red cedar, grand fir and big leaf maple — the conifers and hardwoods most common on Cowichan Valley lots. The permit fee is $50, plus a refundable replacement-tree security.

The hazard-tree exemption

Duncan waives the $50 permit fee once a tree is confirmed as a hazard, though the replacement-tree security still applies. An ISA Certified Arborist assessment supports the hazard determination, and Duncan Tree Removal handles the application as part of a hazard removal job.

North Cowichan: no tree protection bylaw

North Cowichan states plainly that it has no tree protection bylaw covering private property, though Development Permit Area 3 (Natural Environment) and DPA 4 (Hazard Lands) can still restrict removal on affected parcels. The federal Migratory Bird Convention Act and the BC Wildlife Act also apply everywhere in the region, making it illegal to disturb an active nest during the local nesting window of late March through mid-August.

Flood-plain considerations near the Cowichan River

Properties on Duncan's eastern side and along the Cowichan River fall under the Flood Plain Management Bylaw No. 3236, which adds a consideration when root systems near the riverbank are disturbed during a removal.

Overhead lines and utility locates

Before any tree comes down near a power line or buried utility, Duncan Tree Removal calls BC 1 Call at 1-800-224-9376 to have lines located. This applies regardless of which municipality or bylaw governs the tree itself.

How the permit process works

1. 1

   Species and diameter check — an ISA Certified Arborist measures trunk diameter and identifies the species to confirm whether Bylaw No. 3135 applies.

2. 2

   Permit filing — Duncan Tree Removal files the Bylaw No. 3135 application where required, or confirms none is needed for a North Cowichan property.

3. 3

   Hazard confirmation, where it applies — a written hazard assessment supports the $50 fee waiver on a confirmed hazard tree.

4. 4

   Removal to the approved method — the tree is removed as permitted, with the replacement-tree security handled per Duncan's requirements.

When pruning avoids the permit process

Bylaw No. 3135 governs removal, not pruning — a protected tree can often be crown-raised or thinned back from a structure or line without triggering the permit at all. Duncan Tree Removal's arborist checks whether pruning solves the problem before removal is assumed.