Do you need a permit?
It depends on the tree
Lexington has a genuine tree protection ordinance, but Zoning Ordinance Article 26 applies to development, not to you: section 26-3 says its standards "shall be applied to all major subdivision and development plans." No size threshold anywhere in the LFUCG code triggers a permit for a tree standing inside your own lot line. The rule that actually catches Lexington homeowners is Chapter 17B, the street tree ordinance, and it is strict - a permit is required to remove any tree over three inches in diameter in the urban county right-of-way or a designated tree planting easement, which is exactly where the tree between your sidewalk and the curb stands, and the city will only grant it if the tree is dead or dying. Three other situations pull you in: a historic H-1 overlay district, a greenway or steep slope or sinkhole, and a recorded Tree Protection Plan plat note on your subdivision lot.
Size threshold
None for a tree inside your own lot line. For the right-of-way, Code section 17B-3(a): "No person shall remove a tree larger than three (3) inches in diameter, measured at a point four and one-half (4 1/2) feet above the ground within the urban county government right-of-way without obtaining a permit from the division of environmental services." For historic districts, Zoning section 13-3 defines an Exterior Change to include "Removing trees with trunks more than ten (10) inches in diameter" - and note that Article 13 states no measurement height at all for that ten inches and does not cross-reference the Article 26 definition, so do not assume it is measured at 4.5 feet. Article 26 defines the term separately at section 26-2: "DBH (Diameter at Breast Height) means the total cross-sectional diameter in inches of a tree measured at a height of four and one-half (4.5) feet," with rules for angled trunks, sloped ground, low branching, and multi-stemmed trees where "all the trunks are measured, adding the total diameter of the largest trunk to one-half (0.5) the diameter of each additional trunk."
What's protected in Lexington
- Street trees, which is the right-of-way trap. Code section 17B-1: "Street tree shall mean any tree within the urban county government right-of-way or designated tree planting easement, excepting those trees regulated pursuant to article 18 of the Zoning Ordinance or the Downtown Street Tree Ordinance," and "Tree planting easement shall mean a planting area with a minimum width of ten (10) feet located immediately adjacent and parallel to the curb or edge of pavement or in a designated easement per an approved development plan."
- Significant Trees, in the development context. Zoning section 26-2: "Significant Tree means a healthy tree, not identified as an invasive species in the Planting Manual that qualifies under one (1) or more of the following criteria: The tree has a minimum DBH of four (4) inches and is an American Elm, Bur Oak, Blue Ash, Buckeye, Chinkapin Oak, Kentucky Coffeetree, Shellbark Hickory, Shumard Oak, or Yellowwood; The tree has a minimum DBH of twelve (12) inches; Tree which is determined by the Division of Environmental Services to be of unique and intrinsic value to the public because of its size, age, historic association or ecological value or any tree designated a State Champion, United States Champion or World Champion... or The tree is determined by the Division of Environmental Services or other appropriate state or federal governmental official to provide unique habitat for any endangered or threatened wildlife species protected by law."
- Trees on steep slopes and in sinkholes. Zoning section 26-6(b): "No trees shall be removed from any area with a slope exceeding fifteen percent (15%) or a sinkhole without the prior approval of the Urban Forester."
- Greenway trees. Zoning section 26-6(c): "No tree in an existing or planned greenway shall be removed without the prior approval of the Urban Forester. Trees shall be removed only if dead or distressed, or as necessary to achieve required sight distance for a tree or similar safety related reasons."
- Trees along designated historic turnpikes in the Rural Service Area. Zoning section 26-7: "For any such road or designated segment, no tree located within twenty (20) feet of the edge of pavement shall be removed without the following approvals: Trees shall be removed only if dead or distressed as determined by the Urban Forester, or as necessary to achieve required sight distance for driveways or similar safety-related reasons as determined by the Urban County Engineer or designee."
- Trees over ten inches in a local historic district. Zoning section 13-3 classes "Removing trees with trunks more than ten (10) inches in diameter" as an Exterior Change, and defines Ordinary Maintenance and Repair to include "Pruning trees and shrubbery and removal of trees less than ten (10) inches in diameter." Lexington has 15 H-1 overlay districts.
How to apply in Lexington
- 1
Work out whether the tree is in the right-of-way or a tree planting easement. If it is entirely inside your lot line and none of the exceptions apply, there is nothing to apply for.
- 2
Measure the trunk. Under three inches in the right-of-way, section 17B-3(a) does not require a permit.
- 3
File the Street Tree Removal and Planting Permit Application on the city Formstack portal. It asks for name, two phone numbers, email, property address, whether the tree is at that address, whether you are removing or planting or both, the number of trees, species, DBH and comments.
- 4
Agree to the ordinance compliance statement on the form.
- 5
Understand the standard before you file. Section 17B-3(b): "The permit shall be granted provided the tree to be removed is dead or dying." Live trees are approved only in special circumstances - a threat to public safety, a threat to the health of other trees, or replacement by a more desirable tree.
- 6
Replace the tree within one year. The city states removal permits carry that condition unless the Division of Environmental Services waives it.
- 7
If you cannot afford it and the tree is a hazard, ask about the cost-share program: submit the application plus two estimates to esutherland@lexingtonky.gov or by mail to 200 E. Main St. attn. Urban Forester. It is first come, first served and income-limited to 80 percent of HUD Area Median Income.
- 8
If denied, section 17B-5(b) gives you ten days to appeal in writing to the Tree Board through the Clerk of the Urban County Council, copy to the Urban Forester.
- 9
If you are in an H-1 district and the trunk is over ten inches, call Historic Preservation at (859) 258-3265 first. Staff can issue Certificates of Appropriateness for minor changes; substantial changes go to the Board of Architectural Review.
Fees, penalties, and the ordinance
- Fee
- No fee is published for the street tree removal or planting permit. The city page states none and the online application collects no payment. That absence is reported here rather than converted into a claim that the permit is free.
- Penalties
- Code section 17B-12(d): "The maximum civil fine that may be imposed for a violation of this chapter is two thousand five hundred dollars ($2,500.00), and each day on which any such violation shall continue shall be deemed a separate offense." Subsection (b) requires a notice of violation with at least 24 hours to correct before the first citation. Subsection (f) lets the government add "the cost of the abatement, including equipment expense, disposal fee, if any, and an administrative fee of one hundred fifty dollars ($150.00)," and subsection (g) allows a lien under section 2B-9 and KRS 65.8835. On the zoning side, section 26-12 provides that "Each act or each healthy tree removed or damaged, except as described in the approved TPP, shall constitute a separate violation," with fines of 10 to 500 dollars per conviction under Zoning section 5-8(a) and civil citations capped at 500 dollars per violation under section 5-9(c).
- Ordinance
- LFUCG Code of Ordinances Chapter 17B (Street Trees), with the permit at section 17B-3, originally adopted by Ordinance No. 70-94, section 1, on May 5, 1994, and amended by Ord. No. 113-2000 (4-20-00), Ord. No. 328-2001 (12-13-01), Ord. No. 30-2005 (2-10-05), Ord. No. 44-2023 (4-27-23) and most recently Ordinance No. 068-2024, section 3, adopted July 2, 2024. Tree protection for development is LFUCG Zoning Ordinance Article 26 (Tree Protection Standards), adopted by Ordinance No. 289-2000, section 1, on September 14, 2000, substantially rewritten by Ordinance No. 095-2024 adopted September 12, 2024; the applicability clause at section 26-3 was last amended by Ordinance No. 133-2016, section 3, July 7, 2016. Historic district rules are Zoning Article 13, sections 13-3 and 13-7, from Ordinance No. 153-89, section 1, August 31, 1989. Currency is worth knowing: the Code of Ordinances is "Codified through Ordinance No. 048-2025, adopted June 26, 2025," and the Zoning Ordinance comparative table ends at Ordinance No. 050-2025, adopted July 1, 2025 - so both are roughly thirteen months behind as of August 2026.
Worth knowing
- The right-of-way is the single most important thing to get right. Lexington has more than 53,000 street trees and the city states that "In Lexington, maintaining street trees is the responsibility of the property owner." Homeowners assume the tree between the sidewalk and the curb is theirs. It is not, and taking one out costs up to 2,500 dollars a day.
- The city can order you to remove a street tree at your own expense. Section 17B-3(d) lets the division order removal of a hazardous tree "including the associated stump, in a timely manner... at the property owner's expense," and section 17B-1 defines a hazardous tree as "any street tree that is dead, diseased, or insect infested such that it poses a health threat to neighboring trees or creates a threat to the public safety or to property."
- Topping in the right-of-way is unlawful outright. Section 17B-7(a): "It shall be unlawful as a normal practice for any person to top any tree within the urban county right-of-way or designated tree planting easement," where topping means "the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown."
- Removal is defined broadly enough to cover things that do not look like removal. Zoning section 26-2: "Remove or Removal means the actual removal of a tree by digging up, cutting down, knocking down, or causing mortality by chemical or other artificial means, or through damaging by girdling, knicking, topping, root cutting, trenching, girdling within the critical root zone, filling, soil compaction, or any other means which lead to a weakened or mortal state."
- Check your plat. Zoning section 26-8 requires a note on all final plats reciting the number of trees or canopy required "per the approved tree protection plan specifications." That obligation runs with the lot, so a homeowner in a post-2000 subdivision can be bound by a Tree Protection Plan even though Article 26 targets developers.
- Cutting a tree and leaving the stump generally avoids the land disturbance permit. Code section 16-100(b)(1) exempts "tree cuttings at or above existing ground level, and logging operations leaving the stump, ground cover, and root mat intact." Grub the stump and disturb enough ground and section 16-101 can attach.
- Lexington does not license tree services. Chapter 13 has no tree, arborist or tree-surgeon license; only the general occupational license applies. The city's advice is voluntary: hire an ISA certified arborist. Article 26 does give ISA certification legal force in development work, where a Tree Protection Plan must be certified by an ISA Certified Arborist or a Kentucky-licensed landscape architect.
- There is no affirmative duty to remove a dead tree in your back yard. Code section 12-2 reaches vegetation only where it "interferes with normal sidewalk traffic or vehicular traffic within the public right-of-way," and the weed-height nuisance rule expressly does not apply to trees.
- Clearance heights are set by section 17B-8: seven feet over sidewalks, twelve feet over streets, fourteen feet over truck routes.
- The Tree Board is a fifteen-member body under section 17B-6, including eight residents "two (2) of whom shall be professionals in arboriculture," and must hold at least ten meetings a year. It hears appeals.
- Lexington's official tree is the bur oak, chosen by community vote in 2017, and it is one of the nine species that qualify as a Significant Tree at only four inches DBH.
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 fee is charged for the street tree permit. Nothing on the city page or the application says, and there is no payment step, but no LFUCG document affirmatively states it is free.
- — The Certificate of Appropriateness fee. The COA application the city links to is a broken link that returns an error page instead of a PDF.
- — The text of the "Downtown Street Tree Ordinance," which section 17B-1 carves out of the street tree definition. It is not a codified chapter in either the Code of Ordinances or the Zoning Ordinance, so downtown street trees may be governed by rules not seen here.
- — A live conflict inside the permit process itself. The ordinance measures at "four and one-half (4 1/2) feet above the ground"; the city's own online application form tells applicants "(DBH = How wide is the trunk at 4 feet, 4 inches off the ground?)". The form also quotes a superseded version of section 17B-3 that routes permits to "the urban forester or their designated arborist" rather than the division of environmental services, and cites KRS 179.090 where the code cites KRS 179.070. Both are reported rather than resolved; the ordinance governs.
- — Whether Article 26's flat prohibitions actually bind a homeowner. Sections 26-6(b), 26-6(c) and 26-7 read as bans on anyone removing a tree on a 15 percent slope, in a sinkhole, in a greenway, or within 20 feet of a historic turnpike. But section 26-3 limits the whole Article to "all major subdivision and development plans," and section 26-6 says its provisions exist to support the section 26-5 development canopy standard. Both readings are defensible. Call the Urban Forester at (859) 258-3404 rather than rely on the applicability clause.
- — Whether a historic district Certificate of Appropriateness truly reaches trees. Section 13-3 plainly classifies removing a tree over ten inches as an Exterior Change, and section 13-7 requires a COA "before a person may undertake any exterior changes on a property or structure" in an H-1 zone. But section 13-7(a), headed "Where Required," lists only "any building, structure or sign," and the city's own Local Historic District Permits page never mentions trees. Section 13-2 directs that where the Zoning Ordinance conflicts, "the more restrictive shall apply."
- — Whether the permit decision carries a deadline. Section 17B-2(c) gives planting applications a fourteen-day deemed-approval rule; section 17B-3, the removal section, has no comparable clause.
- — Whether Lexington publishes the record of designated specimen and champion trees that section 26-2 requires be kept.
- — Anything the Urban County Council has done since June 2025. Both codes are about thirteen months behind.
- — Any oak wilt rule. There is no oak wilt provision and no seasonal pruning prohibition anywhere in the LFUCG code. The only appearances of "oak" are Bur Oak, Chinkapin Oak and Shumard Oak in the Significant Tree species list. That is silence in the code, not a statement that summer oak pruning is horticulturally safe.
Sources
- LFUCG Code of Ordinances ch. 17B - Street Trees (Municode)
- LFUCG Zoning Ordinance Article 26 - Tree Protection Standards (Municode)
- LFUCG Urban Forestry
- LFUCG Street Trees - removal and replacement instructions, cost-share program
- LFUCG Street Tree Removal and Planting Permit Application
- LFUCG Historic Preservation - Local Historic District Permits (Certificate of Appropriateness)
- LFUCG H-1 Overlay District and Landmark Maps
- LFUCG Environmental Services Division