Encroachment

About the by-law

The Road Allowance By-law allows and prohibits various activities on the "road allowance", which is defined as the public lands in between private properties, such as, but not be limited to, the boulevards.  The intent of the by-law is to minimize health, safety, and environmental issues, as well as anything that may block pedestrian and vehicular traffic and sightlines.

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This web page provides an overview of the portion of the by-law on “encroachment”, which is defined as any type of landscaping, vegetation, or personal property, that is located wholly or partially on the road allowance on public lands that are beside to private property, whether above or below ground. 

The Road Allowance By-law allows various encroachments on the road allowance, however, also requires a permit for others and prohibits some entirely.   Please see the Road Allowance for the complete set of provisions.

What is exempt from the encroachment by-law requirements?

 The following areas are exempt from the encroachment by-law provisions:

• City-authorized signs and encroachments, which includes, but is not limited to, newspaper boxes, construction and maintenance;

• City waste and recycling bins, or other waste; 

• maintenance and occupancy as authorized by the Property Standards By-law;

• newspaper boxes; and

• Canada Post mailboxes and properties of historic or architectural value or interest as per the Ontario Heritage Act. 

What types of encroachments are allowed without a permit?

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The by-law allows encroachments which:

• are more than 30 cm from a sidewalk or multi-use pathway (such as for bicycles, e-scooters and e-bikes) and are above ground; 

• are more than 100 cm from the street curb and above ground;

• do not extend higher than 30 cm above ground, as measured at the curb, within a sight triangle;

• are more than 100 cm from any public infrastructure; 

• are more than 200 cm when the encroachment extends more than 30 cm above grade; and

• are more than 300 cm from the access side of an outdoor transformer installation.

What types of encroachments require a permit?

The following requires an encroachment permit:

• any object, other than vegetation, that projects over public lands at a height of 30 cm or more;

• any encroachment that extends more than 20 cm below the ground; or

• other objects that the City deems to be a significant encroachment, such as, but not limited to, below-ground hydro installations, heated driveways, and encroachments related to commercial Private Property.

Trees above sight triangles, bike lanes and multi-use pathways

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Any tree or vegetation on private property that has branches or foliage that extends onto a sight triangle must have such branches or foliage trimmed back to the property line to a height of at least 1.8 m above ground, as measured at the curb, or 2.5 m if the branches or foliage are above a Multi-Use Pathway. 

Note that any tree trimming must be in line with the Tree Protection By-law.

What types of encroachments are not allowed?

Encroachments are not allowed if they are:

• located on or extends onto any public lands other than the boulevard;

• create an unsafe condition or a hazard;

• interfere with City operations;

• modify or interfere with public infrastructure;

• not maintained in a state of good repair; or

• contravene this or any other City or Region by-laws.

Enforcement and penalties

• Non-compliance may result in an administrative monetary penalty of $500 or higher fine amount under provincial regulation.

• All unauthorized encroachments may be removed by the City at the owner’s expense.

• The City does not investigate or enforce encroachments on private property as they are civil matters.

Application

Encroachment Application Form

Fees