Do You Need a Permit to Remove a Tree?
Protected species, size thresholds, permit fees, penalties for unauthorized removal, and step-by-step instructions for all 50 states. Updated for 2026.
Quick Answer: It depends on where you live and the size of the tree. Many US cities require permits for trees over 6–24 inches in trunk diameter (DBH). Some cities have no restrictions at all. Protected species (heritage oaks, native palms, saguaro cactus) almost always need permits regardless of size. A typical tree removal permit costs $0–$150, but unauthorized removal can result in fines from $500 to $100,000+.
What is DBH (Diameter at Breast Height)?
Tree ordinances measure trunk diameter at 4.5 feet above ground level — this is called DBH (Diameter at Breast Height). To calculate: wrap a tape measure around the trunk at 4.5 feet, divide the circumference by 3.14. A tree with a 38-inch circumference has a 12-inch DBH. Most ordinances kick in between 6 and 24 inches DBH.
When You Do (and Don't) Need a Tree Removal Permit
Permit Usually Required
- Tree exceeds your city's size threshold (6–24" DBH)
- Heritage, landmark, or champion-designated tree
- Protected species (native oaks, mangroves, saguaro, etc.)
- Tree within a shoreland, wetland, or riparian buffer zone
- Tree on a boundary line shared with a neighbor
- Part of a development, subdivision, or construction project
- Tree in a historic district, conservation area, or flood zone
- Street tree, parkway tree, or tree on public property
Often Permit-Free
- Dead, dying, or clearly hazardous tree (most cities)
- Tree below your city's size threshold
- Private property in rural or unincorporated area
- Invasive species removal (often encouraged)
- Storm damage emergency (document and notify after)
- Fruit trees and ornamental trees under threshold
"Often permit-free" does not mean "always." Some cities with aggressive urban canopy goals require permits for ALL tree removals regardless of size. Always verify locally.
How Much Does a Tree Removal Permit Cost?
$0
Rural areas / no ordinance
$25–$75
Most suburban cities
$75–$200
Major metro areas
$200–$500+
Heritage/protected trees
Many cities charge no fee for the permit itself but require an application and arborist assessment. Compare the permit cost to the average tree removal cost of $500–$3,000+ — the permit is a small fraction of the project and protects you from fines that can exceed the removal cost by 10–100x.
Commonly Protected Tree Species
These species frequently have additional protections beyond general size thresholds. Removing them without a permit can trigger the highest fines.
Live Oak
FL, GA, SC, LA, TX
Protected in most Southern cities. Heritage tree designations common for large specimens.
Native Oaks (all species)
CA (statewide)
California Oak Preservation Act protects native oaks on development sites. Many cities extend protection further.
Saguaro Cactus
AZ (statewide)
State-protected under Arizona Native Plant Law. Requires AZ Dept. of Agriculture permit for removal or relocation.
Mangroves
FL (statewide)
Protected under Florida Mangrove Trimming and Preservation Act. Cannot be removed without state permit.
Bald Cypress
FL, LA, SC
Protected in wetland areas. Wetland habitat destruction can trigger federal Clean Water Act violations.
Redwoods & Sequoias
CA
Coast redwoods and giant sequoias protected in many California counties. Some have no-removal policies.
Penalties for Removing a Tree Without a Permit
Fines: $100–$100,000+ per tree
Fines scale with tree size and species. Removing a heritage tree in cities like Austin, LA, or NYC can result in five- or six-figure penalties per tree.
Mandatory replacement planting
Many cities require you to plant 2–5 replacement trees for each tree illegally removed. If your lot can't accommodate them, you pay into a city tree fund — often $500–$5,000 per tree.
Stop-work orders on construction
If you remove trees to clear a building site without permits, the city can halt your entire construction project until tree mitigation is complete. This can cost months of delays.
Property liens
Some cities place liens on properties with unresolved tree violations. The lien remains until fines are paid and replacement trees are planted and established.
Criminal charges (rare but possible)
Willful destruction of protected trees can be a misdemeanor in some jurisdictions. Removing trees from public land or neighbor's property can result in criminal charges and triple damages.
How to Get a Tree Removal Permit: Step by Step
Check if your city has a tree ordinance
Search "[your city] tree removal permit" or call your local planning/public works department. Ask about size thresholds, protected species, and whether your specific tree requires a permit. Many cities have this information online.
Identify your tree's species and measure DBH
Measure the trunk diameter at 4.5 feet above ground (DBH). If you're unsure of the species, take a photo and use a tree identification app or ask an ISA Certified Arborist. The species determines if additional protections apply.
Get an arborist assessment (if required)
Many cities require a report from an ISA Certified Arborist explaining why the tree should be removed. Common acceptable reasons: dead/dying, diseased, hazardous, root damage to foundation, or interfering with utilities. An arborist report typically costs $150–$400.
Submit the permit application
Provide a site plan showing the tree's location, photos of the tree and its condition, the arborist report (if required), and your reason for removal. Some cities use online portals; others require in-person submission. Typical processing time: 5–30 business days.
Comply with replanting requirements
Many cities require you to plant a replacement tree for every tree removed. Specify the replacement species and location in your application. Some cities allow payment into a tree fund instead. Replanting requirements vary: 1:1 ratio up to 3:1 for heritage trees.
Hire a licensed tree service and keep records
Once approved, hire a licensed and insured tree service company. Keep your permit on-site during removal. Save the approved permit, arborist report, and any receipts — you may need them if a neighbor or city inspector asks questions later.
Emergency Tree Removal: When You Don't Need to Wait
Most cities allow emergency removal without prior approval when:
- A tree has fallen on a structure, vehicle, or power lines
- A tree is actively leaning and poses imminent danger to people or property
- Storm damage has left a tree in a dangerous condition
- A tree is blocking a road, driveway, or emergency access
Important: Even for emergencies, take photos/video documenting the hazard before and during removal, and notify your city within 24–72 hours after the emergency removal. This protects you if the city later questions whether the removal was justified.
Neighbor's Trees, Boundary Trees, and Overhanging Branches
Overhanging branches from a neighbor's tree
In most states, you have the right to trim branches that overhang your property line — but only up to the property line, and you cannot damage or kill the tree. You may NOT cross the property line to cut. You are responsible for trimming costs.
Boundary tree (trunk straddles the property line)
A tree whose trunk sits on the property line belongs to both property owners. Neither owner can remove it without the other's consent. In California, Massachusetts, and several other states, removing a boundary tree without consent can result in triple damages (3x the tree's appraised value).
Neighbor's tree damaging your property
If a neighbor's tree is dead, diseased, or obviously hazardous and damages your property, the neighbor may be liable — but only if they knew or should have known about the hazard. Send written notice describing the problem. If they do nothing and damage occurs, they're more likely to be held responsible.
Tree Removal Permit Rules by State
Regulation type, size thresholds, typical permit fees, and penalties for all 50 states. Tree removal is primarily regulated at the city and county level — this table shows general patterns. Always check your specific city's ordinance.
| State | Regulation | Size Threshold | Permit Fee | Penalty Range | Notes |
|---|---|---|---|---|---|
| Alabama | City/county level | Varies by city | $0–$100 | $250–$5,000 | Birmingham and Mobile have tree ordinances. Most rural areas have no tree removal restrictions. Heritage trees may be protected in historic districts. |
| Alaska | City/borough level | Varies by borough | $0–$50 | $100–$1,000 | Anchorage has a tree removal plan for public land. Most areas have minimal restrictions on private property. Spruce bark beetle removal often exempt. |
| Arizona | City level | Protected native species | $0–$75 | $500–$10,000 | Phoenix, Scottsdale, and Tucson protect native desert species including saguaro cactus, ironwood, palo verde, and mesquite. Saguaro removal requires special permits from AZ Dept. of Agriculture. |
| Arkansas | City/county level | Varies by city | $0–$75 | $100–$2,500 | Little Rock has a tree preservation ordinance for trees over 24" DBH on development sites. Most areas have no restrictions for residential property owners. |
| California | City/county level — strict | 4"–36" DBH by city | $50–$500+ | $1,000–$100,000+ | Among the strictest states. LA protects oaks, sycamores, and trees 8"+ DBH. SF requires permits for "significant" trees (12"+ DBH). Many cities protect heritage/landmark trees. Cal. Oak Preservation Act protects native oaks on development sites. |
| Colorado | City/county level | 6"+ DBH in some cities | $0–$150 | $500–$10,000 | Denver protects trees over 6" DBH on public right-of-way. Boulder has strict tree removal regulations. Wildfire mitigation clearing may be exempt in mountain communities. |
| Connecticut | Town/city level | Varies by town | $0–$100 | $250–$5,000 | Each of 169 towns sets own rules. CT General Statutes protect roadside trees (boundary trees). Many towns regulate removal on public land more strictly than private. |
| Delaware | City/county level | Varies by jurisdiction | $0–$75 | $100–$2,500 | Wilmington and Newark have tree ordinances. Delaware Forest Service manages state tree programs. Coastal areas may restrict removal near wetlands. |
| Florida | City/county level — strict | 4"–18" DBH by city | $25–$300 | $500–$50,000+ | Most FL counties require permits. Miami-Dade protects trees 18"+ DBH and mangroves (state-protected). Orange County protects trees 4"+ DBH. Many species protected: live oak, slash pine, cypress, royal palm. Replanting often required. |
| Georgia | City/county level | 6"–12" DBH by city | $0–$150 | $500–$10,000 | Atlanta has a strong tree ordinance protecting trees 6"+ DBH. Savannah protects live oaks aggressively — permits required for any oak over 12" DBH. Tree recompense funds required for removal in many cities. |
| Hawaii | State + county level | Exceptional trees designated | $0–$100 | $1,000–$50,000 | Hawaii has state-level protection for exceptional trees. Counties maintain exceptional tree lists. Removal of protected native species (koa, ohia, sandalwood) may require state permits. Environmental review may be triggered. |
| Idaho | City level | Varies by city | $0–$50 | $100–$1,000 | Boise has a tree preservation ordinance for development sites. Most areas have minimal restrictions on private property. National forest land has strict regulations. |
| Illinois | City/village level | 8"+ DBH in some cities | $0–$150 | $250–$5,000 | Chicago requires permits for parkway trees and protects trees on public property. Many suburbs have tree preservation ordinances. Evanston protects trees 8"+ DBH on private property near setbacks. |
| Indiana | City/county level | Varies by city | $0–$75 | $100–$2,500 | Indianapolis has a tree preservation ordinance for development sites. Carmel and other suburbs protect street trees. Most residential removals on private property are unrestricted. |
| Iowa | City level | Varies by city | $0–$50 | $100–$1,000 | Des Moines regulates boulevard/street trees. Iowa is focused on emerald ash borer management with expedited removal processes. Most private property trees are unregulated. |
| Kansas | City level | Varies by city | $0–$50 | $100–$1,000 | Wichita and Overland Park regulate street trees. Kansas is dealing with emerald ash borer, so ash tree removal is generally expedited. Few restrictions on private property. |
| Kentucky | City/county level | Varies by city | $0–$75 | $100–$2,500 | Louisville Metro has a tree canopy ordinance. Lexington protects trees in development areas. Most residential private property removal is unregulated. |
| Louisiana | City/parish level | 12"+ DBH in some cities | $0–$100 | $500–$10,000 | New Orleans has a strong tree ordinance — permits required for live oaks over 12" DBH on private property. Baton Rouge has similar protections. Bald cypress in wetland areas may be state-protected. |
| Maine | Town/city level | Varies — shoreland zoning | $0–$50 | $100–$2,500 | Maine Shoreland Zoning Act restricts tree removal within 250 ft of water bodies. Portland has a tree ordinance. Most inland private property removal is unrestricted. |
| Maryland | State + county level | 12"–24" DBH by county | $0–$150 | $500–$10,000 | Maryland Forest Conservation Act applies to development projects. Montgomery County protects trees over 24" DBH ("champion trees"). Howard County has forest conservation requirements. Chesapeake Bay Critical Area has strict buffer rules. |
| Massachusetts | Town/city level | Public shade trees | $0–$150 | $500–$15,000 | MA General Laws Ch. 87 protects public shade trees — a public hearing is required before removal. Cambridge and Boston have strong tree ordinances. Many towns regulate removal in wetland buffer zones. |
| Michigan | City/township level | Varies by city | $0–$100 | $250–$5,000 | Ann Arbor has a tree ordinance protecting trees 6"+ DBH on private property. Detroit regulates public trees. Many cities focused on emerald ash borer management with streamlined removal permits. |
| Minnesota | City/county level | Varies by city | $0–$100 | $250–$5,000 | Minneapolis and St. Paul require permits for boulevard trees. Many cities have ash tree management programs (EAB). Some suburbs protect significant trees on private property during development. |
| Mississippi | City level | Varies by city | $0–$50 | $100–$2,500 | Jackson and coastal cities have some tree regulations. Mississippi has the fewest tree removal restrictions among Southern states. Most private property removal is unrestricted. |
| Missouri | City/county level | Varies by city | $0–$75 | $100–$2,500 | Kansas City and St. Louis regulate public right-of-way trees. Clayton and other suburbs have tree preservation ordinances for development. Most private residential removal is unrestricted. |
| Montana | City level — minimal | Generally unregulated | $0–$25 | $100–$500 | Montana has very few tree removal regulations. Missoula and Bozeman have some street tree protections. Private property tree removal is generally unrestricted. |
| Nebraska | City level | Street trees only | $0–$50 | $100–$1,000 | Omaha and Lincoln regulate street and public trees. Emerald ash borer management is a priority. Private property tree removal is generally unrestricted. |
| Nevada | City/county level | Varies by city | $0–$50 | $100–$1,000 | Clark County (Las Vegas) has minimal tree regulations due to desert climate. Reno-Tahoe area may have restrictions near waterways. Most areas have no private property restrictions. |
| New Hampshire | Town/city level | Scenic road/shoreland | $0–$50 | $100–$2,000 | NH Shoreland Water Quality Protection Act restricts removal within 250 ft of water. Towns with scenic road designations may require permission. Otherwise, private property removal is generally unrestricted. |
| New Jersey | Town/city level — moderate | 6"–8" DBH in many towns | $25–$200 | $500–$10,000 | Many NJ municipalities have tree ordinances. NJ Shade Tree Act authorizes local shade tree commissions. Hoboken, Princeton, and many suburbs require permits for trees over 6-8" DBH. Replanting often required. |
| New Mexico | City level — minimal | Generally unregulated | $0–$50 | $100–$500 | Albuquerque and Santa Fe regulate public trees and trees in development projects. Private property removal is generally unrestricted. Riparian areas near the Rio Grande may have restrictions. |
| New York | City/town level — varies widely | 6"–12" DBH in many areas | $0–$300 | $1,000–$25,000+ | NYC Parks Dept regulates all street trees — fines up to $25,000 for unauthorized removal. Many Long Island and Westchester towns require permits for trees over 6-8" DBH. Village/town tree ordinances vary dramatically across the state. |
| North Carolina | City/county level | 8"–24" DBH by city | $0–$100 | $500–$10,000 | Charlotte protects trees 8"+ DBH in development. Raleigh has a tree conservation ordinance. Asheville protects designated heritage trees. Coastal counties restrict removal near wetlands and dunes. |
| North Dakota | City level — minimal | Generally unregulated | $0–$25 | $50–$500 | Fargo and Bismarck regulate public boulevard trees. North Dakota has the fewest tree regulations in the country. Private property tree removal is unrestricted in nearly all areas. |
| Ohio | City/county level | Varies by city | $0–$100 | $250–$5,000 | Columbus and Cleveland have tree ordinances for public trees. Upper Arlington and Shaker Heights protect private property trees above certain sizes. Emerald ash borer removal generally streamlined. |
| Oklahoma | City level — minimal | Generally unregulated | $0–$50 | $100–$1,000 | Oklahoma City and Tulsa regulate public right-of-way trees. Few restrictions on private property removal. Tornado damage cleanup does not require permits. |
| Oregon | City/county level — moderate | 6"–12" DBH by city | $0–$150 | $500–$15,000 | Portland has a strong tree code — permits required for removal of trees 12"+ DBH. Eugene and Corvallis have similar protections. Oregon Forest Practices Act regulates commercial timber harvest. Replanting often required. |
| Pennsylvania | Township/borough level | Varies widely | $0–$100 | $250–$5,000 | Philadelphia requires permits for street tree removal. Many suburban townships (Lower Merion, Radnor) have tree preservation ordinances. PA Shade Tree Law authorizes local tree commissions. |
| Rhode Island | Town/city level | Varies by town | $0–$75 | $250–$5,000 | Providence and other cities protect public shade trees. Coastal areas restrict removal near shoreline per CRMC regulations. Some towns have tree preservation ordinances. |
| South Carolina | City/county level | 8"–24" DBH by city | $0–$100 | $500–$10,000 | Charleston has a strong tree ordinance — grand trees (24"+ DBH) need a permit for removal. Columbia protects trees in development. Hilton Head protects live oaks and palmettos. |
| South Dakota | City level — minimal | Generally unregulated | $0–$25 | $50–$500 | Sioux Falls and Rapid City regulate public boulevard trees. Emerald ash borer preparations underway. Private property tree removal is largely unrestricted. |
| Tennessee | City/county level | Varies by city | $0–$100 | $250–$5,000 | Nashville has a tree preservation ordinance for development sites. Knoxville and Memphis regulate public trees. Most private residential removal is unrestricted outside development projects. |
| Texas | City level — varies widely | 8"–24" DBH by city | $0–$200 | $500–$20,000+ | No statewide tree laws. Austin has strict heritage tree ordinance (19"+ DBH oaks require permits and $500+ fees). San Antonio protects heritage trees. Houston has minimal restrictions. Dallas protects public trees. |
| Utah | City level | Varies by city | $0–$50 | $100–$1,000 | Salt Lake City regulates public trees. Most areas have minimal restrictions on private property removal. Water-wise landscaping programs may incentivize removal of high-water trees. |
| Vermont | Town/city level | Varies — shoreland areas | $0–$50 | $100–$2,000 | Vermont Shoreland Protection Act restricts removal within 250 ft of lakes/ponds. Burlington has a tree ordinance. Act 250 (development review) may require tree preservation for large projects. |
| Virginia | City/county level — moderate | 12"–18" DBH in some areas | $0–$150 | $500–$10,000 | Fairfax County protects trees during development. Alexandria has a strong tree preservation ordinance. Chesapeake Bay Preservation Act restricts removal in Resource Protection Areas (100 ft buffer). |
| Washington | City/county level — strict in some areas | 6"–12" DBH by city | $0–$200 | $500–$15,000+ | Seattle has a strong tree ordinance — exceptional trees (30"+ DBH) are protected. Redmond and Kirkland protect significant trees. Shoreline Management Act restricts removal near waterways. Replanting often required. |
| West Virginia | City level — minimal | Generally unregulated | $0–$25 | $50–$500 | Charleston and Morgantown regulate public trees. Very few restrictions on private property tree removal. State forests and public land have separate regulations. |
| Wisconsin | City/village level | Varies by city | $0–$100 | $250–$5,000 | Milwaukee and Madison regulate public trees. Many suburbs have tree ordinances. Wisconsin shoreland zoning restricts removal near waterways. EAB management plans in many communities. |
| Wyoming | City level — minimal | Generally unregulated | $0–$25 | $50–$500 | Cheyenne and Casper regulate public trees. Wyoming has very few tree removal restrictions. Private property removal is unrestricted in nearly all areas. |
Which States Have the Strictest Tree Removal Laws?
Most Restrictive
California, Florida, Hawaii, Georgia (Atlanta), New York (NYC), Washington (Seattle), Oregon (Portland), Texas (Austin), South Carolina (Charleston), Louisiana (New Orleans)
Moderate
Maryland, Virginia, New Jersey, North Carolina, Massachusetts, Colorado, Illinois, Michigan, Ohio, Pennsylvania
Least Restrictive
North Dakota, Wyoming, Montana, West Virginia, South Dakota, New Mexico, Nevada, Idaho, Nebraska, Oklahoma, Kansas, Iowa
Strictness varies dramatically within states — a city with no tree ordinance can border one with $10,000 fines. These rankings reflect general statewide patterns and major city ordinances.
Need to Remove a Tree?
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Frequently Asked Questions About Tree Removal Permits
Do I need a permit to cut down a tree on my own property?
It depends on your city. Many US cities require permits to remove trees above a certain size (typically 6–24 inches in trunk diameter, measured at 4.5 feet above ground — called "DBH" or diameter at breast height). Some cities have no restrictions on private property removal. Always check with your local planning or public works department before removing any tree.
How much does a tree removal permit cost?
Tree removal permits typically cost $0–$150 in most cities. Some cities charge no fee but require an application. Others charge based on tree size or species. In cities with strict tree ordinances (LA, NYC, Austin, Seattle), fees can reach $300–$500+ especially for heritage or protected trees. The permit fee is always cheaper than the penalty for unpermitted removal.
What is a "protected" or "heritage" tree?
A protected or heritage tree is one that meets specific criteria set by your local government — usually based on size (trunk diameter), species, historical significance, or ecological value. For example, Austin TX protects oaks 19 inches or larger in diameter. Many Southern cities protect live oaks. California protects native oaks under the Oak Preservation Act. Removing a protected tree without a permit can result in severe fines.
What happens if I remove a tree without a permit?
Penalties vary dramatically by location. In lenient areas, you might face a $100–$500 fine. In cities with strong tree ordinances, fines can be staggering: up to $25,000 per tree in NYC, up to $100,000 in parts of California, and $10,000–$50,000 in many Florida counties. Some cities also require you to plant replacement trees (often 3–5 trees per removed tree) and may place a lien on your property until compliance.
Can I remove a dead or dying tree without a permit?
In most cities, yes — dead, dying, diseased, or hazardous trees can typically be removed without a permit or through an expedited process. However, many cities still require you to notify them or get a quick assessment before removal, especially for large trees. If a tree poses an immediate safety hazard (leaning on your house after a storm), most cities allow emergency removal without prior approval, but you should document the hazard and notify the city afterward.
Do I need a permit to trim or prune a tree?
Generally no. Routine pruning (removing up to 25–30% of the canopy) does not require a permit in most cities. However, "topping" a tree (cutting the main trunk or removing most of the canopy) is considered tree damage and may violate local ordinances. Some cities protect canopy trees and restrict heavy pruning. Never top a tree — it damages the tree and may trigger code enforcement.
Who do I call to find out if I need a tree permit?
Start with your city or county planning department, public works department, or urban forestry division. Many cities have this information on their website under "tree removal" or "tree ordinance." If your city does not have a tree ordinance, check with your county government. You can also call your state forestry division for guidance on state-level protections.
Do I need a permit to remove a tree near a property line?
If a tree straddles the property line, it may be a "boundary tree" that belongs to both property owners — you typically cannot remove it without your neighbor's consent regardless of permit requirements. If the tree is entirely on your property but near the line, standard tree permit rules apply. In some states (California, Massachusetts), removing a boundary tree without consent can result in triple damages.
Can my HOA prevent me from removing a tree?
Yes. Many HOAs have tree preservation rules in their CC&Rs that restrict or prohibit tree removal, even on your own property. HOA rules can be stricter than city ordinances. You may need written HOA approval before removing a tree, even if the city doesn't require a permit. Violating HOA tree rules can result in fines and forced replanting.
Are there trees I can never remove?
Some species have strong protections in certain areas: saguaro cactus in Arizona (state-protected), mangroves in Florida (state-protected), native oaks in California (protected under the Oak Preservation Act), and trees in federally designated wetlands. Removing these without proper permits can trigger federal, state, and local penalties simultaneously. Always check species-specific protections in your area.
Tree removal regulations vary significantly by city, county, and state. Size thresholds, protected species, permit fees, and penalties listed here are general guidelines based on publicly available municipal codes and state statutes. Your specific jurisdiction may have different rules. Always verify current requirements with your local planning department, urban forestry division, or city arborist before removing any tree. This is not legal advice.