Private Owned Woodlots
Information for Private Landowners
The County of Middlesex believes that private landowners have a key role to play to ensure that sustainably managed forests remain a part of Ontario’s future.
The County’s Woodlands Conservation Bylaw No. 7314, passed under the Municipal Act, regulates the destruction or injuring of trees within woodlands on private property to prevent deforestation, overharvesting and to promote good forestry practices. The By-law provides for selective cutting / commercial timber harvest within regulated woodlands under either Good Forestry or Circumference Limit practices. The County’s Woodlands Conservation Officer, appointed by County Council, actively administers and enforces the By-Law.
By-law No. 7314 provides exemptions for certain activities that can cause the destruction of trees, including but not limited to a licensed aggregate pit or quarry, municipal drain maintenance, and where County Council approves a ‘Council Exemption’.
Timber Harvest/Logging Notice of Intent
According to Bylaw No. 7314, County Council requires that private landowners obtain a Notice of Intent when they intend to cut or destroy trees in woodlands specified in the By-law.
Council may also impose conditions on a Notice of Intent, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to cut or destroy trees.
Additionally, a landowner may apply for a council exemption to the Woodlands Conservation By-law No. 7314
Timber Harvest/Logging Notice of Intent & Applications for Private Landowners
Note: Please submit a Notice of Intent 14 days prior to proposed start date if you intend to do any tree cutting or destroying in your woodlot.
Circumference Limit Harvest Notice of Intent (NOI)
If you are planning to conduct a select harvest in your woodlot, and the trees will be marked by a certified tree marker in compliance with circumference limit regulations, it is necessary to submit this form to file a Notice of Intent to Harvest. This notice is required to comply with local forestry regulations (Woodlands Conservation By-law #7314), ensuring that the harvest meets regulatory standards for sustainable forestry practices. The form serves as an official notification of your intent/plans to harvest trees from the designated area.
Good Forestry Practices Notice of Intent (NOI)
If you have hired a registered professional forester who is in good standing with the OPFA and your timber harvest will be marked in accordance with Good Forestry practice Regulations please use this form to file a Notice of Intent to Harvest.
Personal Use Notice of Intent (NOI)
If you are planning do any tree cutting for personal use (personal firewood, woodworking etc.) in your woodlot and the trees will be marked by a certified tree marker in compliance with circumference limit regulations please use this form to file a Notice of Intent to Harvest.
Council Exemption
If you wish to clear an area of trees within a woodland to convert the area permanently to another land use, you may need to apply for a Council Exemption under the Woodlands Conservation By-law. Please contact the Woodlands Conservation Officer (WCO) for a preliminary review of your proposal in the field, prior to submitting an application. Once the preliminary review is complete the WCO will provide guidance as to how to proceed with a formal application.
In considering ‘Council Exemption’ applications, the public and agencies are consulted, and Council considers a report from the Woodlands Conservation Officer that addresses, among other matters, the following evaluation criteria:
- Native Carolinian species;
- Evidence of long-term continuous forest cover;
- Viability of remaining woodland;
- Species composition, diversity, and age class;
- Influence of recent disturbance;
- Ability to replant an equivalent area contiguous with existing woodlands;
- Effect on remaining woodland, Development Assessment Report, natural heritage significance criteria, rare/protected wildlife species habitat;
- Provincially designated wetlands / ANSIs / Regulated Area, Species at Risk screening;
- Previous exemptions
- Federal / Provincial / Municipal / NGO funding; and
- If planted or retained as a condition of a planning approval.
County Council has established a policy of ‘no net loss’ when considering ‘Council Exemptions’, requiring the re-planting of an appropriate and equivalent area.
Reporting suspected clearing of Woodlands
If you witness any clearing of woodlands that you suspect may be occurring without the necessary permits, you are encouraged to please report it promptly to the Woodlands Conservation Officer so that they can investigate.
Advisory Note: This content is not intended to be an exhaustive summation of the bylaw and should not be interpreted as such. This webpage should not be considered to be legal advice and should not be relied upon as such. Please consult a lawyer to get advice and an opinion on your unique circumstances. For a comprehensive understanding of the bylaw and its requirements, please review the full copy at the following link: By-law No. 7314
Frequently Asked Questions
Frequently Asked Questions (FAQ)
| Does the by-law apply to all trees on my property, or only to woodlands? | The by-law regulates the destruction or injuring of trees within woodlands as defined in the by-law. It does not apply to individual trees outside a qualifying woodland area |
| Can I trim branches that hang over my agricultural field? | Routine pruning or trimming that does not destroy or kill the tree is not regulated under the by-law. |
| Can I cut down trees that are encroaching into my field, but within a woodland? | If the trees are within a regulated woodland, cutting them is subject to the By-law, regardless of their proximity to the field edge and a Notice of Intent would be required before removal. |
| If a tree falls into my field on its own, can I cut it up for firewood? | Generally, the by-law regulates the destruction or injury of standing trees; a tree that has already fallen naturally (e.g. from wind or disease) is not being "destroyed" by the landowner. Therefore bucking up a fallen tree would not require a Notice of Intent. |
| Can my teenager cut firewood on our property and sell it at a roadside stand to campers? | It depends, the harvesting of timber for the commercial sale of firewood is not considered “personal use” therefore if the trees cut are to be injured or destroyed a NOI would be required. However if the trees have fallen and are not injured or destroyed to produce the firewood then technically a NOI would not be required. Personal use is intended for firewood, woodworking, and similar onsite household purposes. |
| Who is responsible for filing the Notice of Intent; the landowner, or whoever is doing the cutting? | To protect the registered landowner’s property rights, the landowner or legally authorised representative must agree to the injury or destruction of trees in a woodland and sign the Notice of Intent, regardless of who performs the physical work, including family members, contractors, or hired harvesters |
| How long does a Notice of Intent take to process, and how long is it valid? | A completed Notice of Intent must be submitted at least 14 days prior to the proposed start of cutting. Landowners must not commence the injury or destruction of trees in a woodland until a certificate of compliance has been issued. Notices of Intent are valid for one year. |
| What happens if I cut trees without filing a Notice of Intent or obtaining a Council approved “Woodland Clearing Permit”? | Unauthorized destruction or injury of trees within a regulated woodland is an offence under the By-law and may result in charges being laid under the Provincial Offences Act. |
| Who can I contact with questions about a specific situation on my property? | Landowners are encouraged to contact the Woodlands Conservation Officer for a preliminary review before undertaking any cutting, to confirm whether their woodland is regulated and what process (if any) applies. |