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

Duncan's Tree Protection Bylaw No. 3135

We measure trunk diameter to identify Protected Trees under Bylaw No. 3135, which sets a limit of 30 cm for standard species and 20 cm for Douglas fir, western red cedar, grand fir and big leaf maple. The permit fee is $50, plus a refundable replacement-tree security.

The hazard-tree exemption

Duncan waives its $50 permit fee once a tree is confirmed as a hazard, though replacement-tree security still applies. Our ISA Certified Arborists' written assessment supports the hazard call, and we can file the application for you if requested (an added fee may apply).

What if your property is in North Cowichan?

You don't need a tree removal permit on private property in North Cowichan — there's no tree protection bylaw. Development Permit Area 3 (Natural Environment) and DPA 4 (Hazard Lands) can still restrict removal on affected parcels, so we check yours first. Under the federal Migratory Bird Convention Act and the BC Wildlife Act, we check for active nests before cutting, as disturbing a nest is illegal during the nesting window from late March through mid-August.

What if you're near the river?

Properties on Duncan's eastern side and along the Cowichan River fall under the Flood Plain Management Bylaw No. 3236. It protects root systems near the riverbank, so we check it before disturbing them during a removal.

What happens if the tree is near a power line?

Before any tree comes down near a power line or buried utility, we call BC Hydro to have lines located.

How the permit process works

1. 1

   Species and diameter check — Our ISA Certified Arborists measure trunk diameter and identify the species to confirm whether Bylaw No. 3135 applies to your tree.

2. 2

   Permit filing — If you ask, we can file the Bylaw No. 3135 application for you (an added fee may apply), or we confirm when no permit is needed, such as on a North Cowichan property.

3. 3

   Hazard confirmation, where it applies

4. 4

   Removal to the approved method — We remove the tree according to your permit, and we manage the replacement-tree security requirements with the city.

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. Our arborist checks whether pruning solves the problem before we assume removal is needed.

How do you assess whether a permit even applies?

We inspect your tree for five structural signs—shifting lean, peeling bark, fungal growth, cracked limbs and root heave—to confirm whether it meets hazard removal criteria.

We do that on every job — it's a safety call, not a permit one.