Do you need a permit?
No permit required for most private trees
Clarksburg has a Shade Tree Commission and a tree removal permit, and the permit clause draws its own boundary twice over. Section 1337.07(c): "No person, firm or corporation shall remove any tree or shrub situate on any property owned by the City nor within any City right-of-way within the Downtown Tree District without first filing an application and procuring a permit from the Commission." City property, city right-of-way, and only inside the Downtown Tree District. A tree on your own lot is outside all three limits and needs no permit at any size. Note where the rule lives: not in the streets code, but in Article 1337 of the Planning and Zoning Code.
Size threshold
None. Article 1337 sets no diameter, caliper or height figure anywhere, and neither does the hillside provision. The rule turns entirely on whose land the tree stands on and whether it is inside the Downtown Tree District.
What's protected in Clarksburg
- Trees and shrubs on City property or in a City right-of-way, inside the Downtown Tree District. Section 1337.07(c), quoted in full above. The same subsection gives the Commission its own removal power: "The Commission may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer, utility lines, gas lines, water lines or other public improvements or is affected with any infectious fungus, insect or other pest."
- Planting in the Downtown Tree District, which is stricter than removal. Section 1337.07(b): "Trees shall not be planted at any location within the Downtown Tree District without the specific written approval of the Commission. Only those tree species shall be considered for new or replacement planting." Section 1337.07(a) makes the Commission keep the approved list, and all planting must meet American Association of Nurserymen standards unless the Commission allows otherwise.
- Hillside developments, where a fixed share of the tract must stay uncut. Section 1361.12(b): "A hillside development is a residential development with an average slope of ten percent (10%) or more. Developers of this type of subdivision shall leave a minimum portion of the tract in its natural state, according to the average slope of the tract." The schedule is 25 percent of the land left natural at 10.0 to 14.9 percent slope, 40 percent at 15.0 to 19.9, 55 percent at 20.0 to 24.9, 70 percent at 25.0 to 29.9, and 85 percent at 30.0 percent and above. The definition is the sharp part: "For the purposes of this section, natural state means no clearing, cutting or filling, or other substantial changes in the natural conditions of the slopes."
How to apply in Clarksburg
- 1
For a tree on your own property, nothing. The permit clause does not reach it.
- 2
For a tree on City property or in a City right-of-way inside the Downtown Tree District, Section 1337.07(c) requires "filing an application and procuring a permit from the Commission," and the permit holder "shall abide by the standards set forth in this article." Start with Code Enforcement at 304-624-1633.
- 3
To plant a tree in the Downtown Tree District, you need "the specific written approval of the Commission" under Section 1337.07(b), and only species on the Commission's list will be considered.
- 4
If you are developing or subdividing land with an average slope of ten percent or more, Section 1361.12(b) fixes how much of the tract must stay untouched before you cut anything. Take the slope figure to Code Enforcement first.
- 5
If your work will disturb a construction site, check Article 920 Section 920.13 on erosion and sediment control with Public Works or Code Enforcement.
Fees, penalties, and the ordinance
- Fee
- No fee for the Section 1337.07 permit appears in the article, and no tree fee was located on any city fee schedule. There is no private-property tree permit and therefore no fee for one.
- Penalties
- No penalty specific to Article 1337 was read. Section 1337.08 is titled Administration and its text was not retrieved. Zoning violations in Clarksburg are enforced through the Code Enforcement Office. Ask at 304-624-1633 rather than assuming there is no exposure.
- Ordinance
- Codified Ordinances of Clarksburg, West Virginia, hosted by American Legal Publishing, local legislation current through January 1, 2026 and state legislation through 2025 A.L.S. The tree rules are in Part Thirteen - Planning and Zoning Code, Article 1337 (Shade Tree Commission), Sections 1337.01 through 1337.08, adopted by Ord. 99-28, passed November 4, 1999. Hillside development is Article 1361 (Design Principles and Standards), Section 1361.12 (Natural Land Contour Protection/Hillside Development), adopted by Ord. 98-32, passed October 1, 1998. Parking lot landscaping is Section 1335.12. Construction-site erosion control is Part Nine, Article 920 (Stormwater Management and Surface Water Discharge Control), Section 920.13. Part Nine, Chapter One - Streets and Sidewalk Area contains Articles 905, 909, 913, 915 and 916 and no trees article at all.
Worth knowing
- The single most useful fact about Clarksburg is where the rule lives. If you look for trees in the streets and sidewalks chapter, as you would in most West Virginia cities, you will find nothing - Part Nine Chapter One runs Abandonment, Assessments, Installation and Repair, Opening Procedure and Street Names. The tree article is in the zoning code.
- The Downtown Tree District is a defined geography, and the whole removal permit turns on it. Section 1337.02 defines the term; that definition was not retrieved and is listed as unverified below. If you are anywhere near downtown and the tree is in the right-of-way, call before you cut.
- The hillside rule uses the lowest slope trigger of any West Virginia city researched - ten percent, against sixteen percent in Morgantown and fifteen in Huntington and Fairmont. But it binds developers at the subdivision stage, and Section 1361.12(a)(3) says so in its own purpose clause: "To require that developers of hillside properties leave a minimum portion of the tract in its natural state."
- Clarksburg disclaims liability for hillside approvals in unusually blunt terms. Section 1361.12(c): the grant of a permit "shall not constitute a representation, guarantee or warranty of any kind by the City... of the practicability or safety of the proposed use, and shall create no liability upon the City, its officials or employees."
- Public Works handles the complaint you are most likely to make about a neighbor. Its published responsibilities include "Correct grass, weeds and garbage complaints." Trees are not named.
- Two statewide rules apply here and matter more than the thin local code. W. Va. Code Section 17-19-13 makes it a misdemeanor to "kill a tree and leave it standing within fifty feet of any public road," and W. Va. Code Section 61-3-48a makes anyone cutting trees on another person's land without written permission "liable to the owner in the amount of three times the value."
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — The boundaries of the Downtown Tree District. Section 1337.02 defines it and that section was not retrieved - American Legal rate limiting ended the session first. Everything about the permit depends on this boundary, so ask Code Enforcement at 304-624-1633 for the district map.
- — The text of Sections 1337.01 through 1337.06 and 1337.08 - creation, definitions, membership, terms of office, proceedings, powers and duties, and administration. Only Section 1337.07 was read in full.
- — Whether the Shade Tree Commission still exists in practice. Article 1337 creates it and Ord. 99-28 has never been repealed on the record, but the city's published boards and commissions list for M through Z names nine bodies - Municipal Building Commission, Park Commissioners, Parking Authority, Planning and Zoning Commission, Police Civil Service Commission, Sanitary Board and MS4 Committee, Traffic Commission, Urban Renewal Authority and Zoning Appeals - and the Shade Tree Commission is not among them. That contradiction is reported, not resolved.
- — The penalty for removing a Downtown Tree District tree without a permit.
- — Whether Clarksburg imposes any duty to remove a dead or dangerous tree on private land, and on what clock. Part Five (General Offenses Code) and Part Eleven (Health and Sanitation Code) were not read, and several West Virginia cities put that duty in exactly those parts.
- — Whether any historic district review reaches tree removal. Clarksburg has historic districts but no historic preservation provision touching trees was located.
- — Whether a tree service needs a Clarksburg business license or B&O registration.
Sources
- Codified Ordinances of Clarksburg, WV - overview and currency (American Legal)
- Clarksburg Sec. 1337.07 - Tree planting, maintenance and removal (American Legal)
- Clarksburg Sec. 1361.12 - Natural land contour protection / hillside development (American Legal)
- Clarksburg Sec. 1335.12 - Parking lot landscaping (American Legal)
- City of Clarksburg - Code Enforcement
- City of Clarksburg - Public Works
- City of Clarksburg - Codified Ordinances page
- City of Clarksburg - Boards and Commissions M-Z