“Encroachment” means any type of vegetation, structure, building, installation, object or item of personal property which is placed by a neighbour or extends from a neighbour’s property onto City property whether the item(s) are above ground, at ground level or below ground level. Some common types of Encroachment include:
• fences
• sheds
• stairs, porches, decks, accessibility ramps
• retaining or ornamental walls
• snow-melting / de-icing systems, sprinklers
• landscaping such as gardens, shrubs, hedges, trees, rocks
• awnings, signage
Why is Encroaching a Problem?
The City’s property is used in many ways. It creates passive and active public spaces, safe passage for pedestrians and vehicles, space for maintenance operations and utilities, etc. Encroachments can block access to utilities, interfere with City operations, or be a safety hazard.
How Do I Avoid Encroaching?
- Locate your property line using a survey and ensure no objects overlap the property line plane.
- Any changes made beyond your property line into the City’s property are considered an Encroachment.
- It’s a common misconception that property lines extend to the edge of the adjacent sidewalk or road. In many cases, the City’s property extends beyond the edge of a sidewalk and includes lands between the sidewalk and your property line (see below).
What happens if I Encroach on City property?
Encroachments are regulated in the City Lands Encroachment Bylaw (2009)-18799.
If you knowingly or unknowingly Encroach on City property without permission, you may receive a Notice requiring alteration and/or removal of the Encroachments. If you fail to comply with the Notice you may be subject to penalties and removal at your expense.
Exemption – Boulevard Gardens
Under the City’s Lands Encroachment Bylaw residents are permitted to install gardens on City-owned boulevards without an Encroachment Agreement, as long as they meet specific terms of the Bylaw. Allowing soft landscaping on boulevards contributes to Healthy Landscapes and the beautification of Guelph’s streets while supporting sustainability and biodiversity.
Prior to the installation and maintenance of a boulevard garden or boulevard alterations, please review the Bylaw. Generally, boulevard gardens comply if:
- Plants, shrubs and hedges remain 0.8m in height or shorter.
- Hard landscaping (ie. garden edging, rocks, brickwork, paths, etc.) is level with (not above or below) the ground – example: a driveway or walkway.
- No shrubs or hedges are located between the road and sidewalk, and, if there’s no sidewalk, not within 1m of the road or a fire hydrant.
- Plants within 1m of a fire hydrant must remain 0.3m in height or shorter.
- No plants, shrubs or hedges overhang a sidewalk, ditch or shoulder/curb.
- Tree branches overhanging a sidewalk must be taller than 3m.
- All other items on City property, including planting trees, require approvals through a permit or written agreement.
All other items on City property, including planting trees, require approvals through a permit or written agreement.
If you want to plant a tree on City property, seek Approval by contacting [email protected].
You can ask the City to plant a free tree in front of your property. Information on making a request is located here.
Call Before you Dig!
There may be utilities or services underground that can’t be seen from the surface. By law, you must call Ontario OneCall at 1-800-400-2255 before you dig.
Exemption – Encroachment Agreements
In addition to compliant Boulevard Gardens other items (eg. raised hard landscaping) may be permitted through an Encroachment Agreement. For more information on Encroachment Agreements, please review the City Lands Encroachment Bylaw (2009)-18799.
If you require an Encroachment Agreement, click here.
For more information
Realty Services
[email protected]