Do you need a permit?
No permit required for most private trees
You do not need a City of El Paso permit to remove a healthy tree standing on your own private property. El Paso's Tree Care chapter says in its own applicability clause that it reaches trees on public property and trees on public or private property that create a hazard or nuisance — it does not require a permit to take down a sound tree on a private lot. The separate Landscape chapter that governs trees on development sites expressly exempts single-family, duplex, triplex, quadraplex and condominium residential use. What still binds you: a tree with two-thirds or more of its trunk on public property is a public tree and is off limits, and dead or diseased trees on your own lot are a nuisance the city can order you to remove.
Size threshold
El Paso does not set a permit threshold for private trees. The code's definition of "tree" is any self-supporting woody perennial plant typically having a mature trunk diameter of at least three inches measured at twelve inches above grade — note that El Paso measures at 12 inches above grade, not at the usual 4.5-foot DBH point.
What's protected in El Paso
- Public trees — El Paso defines a public tree as any tree with at least two-thirds of its trunk on public property. It is unlawful for any person to intentionally damage, cut, carve, abuse, poison or otherwise harm or injure one.
- Trees on any property, public or private, that create a hazardous condition or nuisance to the general public
Fees, penalties, and the ordinance
- Ordinance
- El Paso Municipal Code Chapter 9.11 — Tree Care (Ord. 16657 § 1, 2007 and Ord. 16812 § 9, 2007, amended through Ord. No. 18448 § 1, adopted December 8, 2015). Chapter 18.46 — Landscape (Ord. No. 18026 § 1, June 4, 2013). Chapter 9.10 — Mulberry Trees (Ord. 10519, 1991). Code current through Ordinance No. 019850, enacted March 17, 2026.
Worth knowing
- The applicability clause is the whole answer. Chapter 9.11.010(B): "This chapter applies to all trees located within public property and to trees located on public or private property that create a hazardous condition or nuisance to the general public."
- The Landscape chapter exemption is equally explicit. Section 18.46.060(B)(5) exempts "Projects which are zoned or used for residential use as defined under Title 20 (Zoning) of this Code; if such residential use single-family, duplex, triplex, quadraplex or condominium," though street trees are still required and cannot be exempted for new development.
- It is unlawful to keep trees that are dead, or that have transmissible disease infections or insect infestations, on private property. The city may order removal or treatment with at least 30 days to comply, or immediately if a dead tree poses a hazard. If you do not comply the city can do the work and bill you, and place a lien.
- You can appeal a city order in writing to the City Manager within 10 days. The appeal board is the City Arborist plus two directors designated by the City Manager, and it must hear the appeal within 30 days.
- El Paso banned mulberry trees outright rather than permitting them. Since September 1, 1992 it has been unlawful to plant a mulberry tree within the city or to sell one, and an inspector can order a mulberry planted in violation removed within 10 days.
- No tree located on public property may be topped.
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.
- — Whether any individual El Paso subdivision, planned development or deed-restricted community imposes its own private tree rules. City code does not reach those.