Tree Removal Permits in Morgantown, WV

Verified against Morgantown city sources · last checked 2026-08-07

Do you need a permit?

It depends on the tree

For an ordinary tree on an ordinary Morgantown lot, no permit is needed and the code says so directly: Section 917.11 states that "Trees located on land other than a public place or municipal public right-of-way are the property and responsibility of the owner of such land." But Morgantown has a second rule that most cities do not, and on this terrain it matters. Section 917.10(b) requires a written permit from the City Manager for removal of "trees of any size located in environmentally sensitive areas," and Section 917.02 defines those areas to include landslide prone areas and steep slopes. In an area City Council has designated environmentally sensitive, Section 917.12(c) goes further and bans removal outright unless the tree is irreversibly hazardous.

Size threshold

Three inches DBH on public land, no size limit at all in environmentally sensitive areas. Section 917.10(a): "Any person or agency, private or public, seeking to remove trees greater than three-inch DBH from such land shall first be required to obtain written permission from the City Manager or his/her designee," where "such land" is a public place or municipal public right-of-way. Section 917.10(b): "Permits for removal of trees of any size located in environmentally sensitive areas must be issued in writing by the City Manager." Watch the measurement convention, which is written for hill country: Section 917.02 says "Diameter breast height (DBH) means the diameter of a tree at a point four and one-half feet above the ground. DBH shall be measured from the uphill side of a tree."

What's protected in Morgantown

Trees of any size in environmentally sensitive areas, which is the provision that can reach a private lot. Section 917.02: "Environmentally sensitive areas means wetlands, riparian corridors, landslide prone areas, steep slopes, and fish and wildlife areas that have been so designated by the controlling governmental department or agency." Section 917.10(b) requires a written permit from the City Manager for removal of trees of any size in such an area, issued "after consultation with the full knowledge of the City Tree Board."
Every tree in a Council-designated environmentally sensitive area - a ban, not a permit. Section 917.12(c): "City Council may designate areas of the City containing forests 75 or more years old or areas within the floodplain as established by the Federal Emergency Management Agency as environmentally sensitive areas. In such designated areas, no tree may be removed unless permitted by the City Manager, or his/her designee, upon a determination that the tree is in an irreversibly hazardous condition."
Exceptional trees on the City Tree Registry, including trees on private land. Section 917.02 defines an exceptional tree as "a tree located on public or private land designated as exceptional due to historic association, rare tree species or extraordinary value because of its age, size or type." Section 917.12(b): trees on the Registry "on private property may only be removed following notification of the City Manager or his/her designee and the City Tree Board, unless it is deemed by the City Manager to be a hazardous tree or is creating a hazardous condition." Listing is voluntary but permanent - Section 917.12(a) requires the owner to agree in writing to a deed covenant "binding all successor owners of the realty."
Trees on any public place or municipal public right-of-way over three inches DBH, per Section 917.10(a). Section 917.02 defines a public place as "any municipal public street, municipal public highway, municipal public park, or any realty owned or held by the City within the boundaries of the City."
Existing tree growth in a hillside subdivision, under the Subdivision Regulations rather than the forestry article. Section 1325.14: "In a hillside subdivision, the existing tree growth and natural ground cover shall not be disturbed except for the grading of those portions of the lots for building sites and the installation of improvements, including earth cuts and fills." Section 1325.01 defines a hillside area as "one with an average slope of more than 16 percent," with areas at 31 percent or greater "considered extremely difficult to develop" and limited to lots of one acre or more.

How to apply in Morgantown

1
First work out whether your lot is in an environmentally sensitive area. Section 917.02 limits the term to wetlands, riparian corridors, landslide prone areas, steep slopes and fish and wildlife areas "that have been so designated by the controlling governmental department or agency," so designation is what triggers it. Ask the City Arborist at 304-284-7405 and the Planning Division before you cut on a steep or slide-prone lot.
2
If it is, or if the tree is on city land or in the right-of-way and is over three inches DBH: request written permission from the City Manager or designee. Section 917.10(b) says environmentally sensitive area permits issue "after consultation with the full knowledge of the City Tree Board" and "may be granted for one tree or for groups of trees."
3
Expect a replacement condition. Section 917.10(c): anyone removing non-hazardous trees three inches or more DBH by permit "shall provide for the planting of new trees in approximately equal numbers of appropriate species in appropriate locations approved by the City Manager, or his/her designee, and identified in the permit." The same subsection adds that "Failure to obtain a permit when one would be required for removal of trees shall not relieve responsibility for the planting of replacement trees."
4
If your tree is on the City Tree Registry, Section 917.12(b) requires notification of the City Manager or designee and the City Tree Board before removal, unless the City Manager has deemed it hazardous.
5
If you are subdividing hillside land, the tree rule runs through the Planning Commission instead. Section 1325.14 lets the Commission permit additional clearing "when necessary to the successful development of the subdivision," but the subdivider must "agree to the replacement of any additional trees and ground cover prior to final approval of the subdivision."
6
Appeals under Section 917.07 go to the City Manager, or to the Tree Board if the City Manager made the decision, in writing within 30 days, then to City Council within ten days of the written determination.

Fees, penalties, and the ordinance

Fee: No fee for any tree permit appears anywhere in Article 917. The article speaks only of "written permission" and "permits... issued in writing by the City Manager," and sets no dollar amount. Confirm with the City Arborist at 304-284-7405 before assuming it is free.
Penalties: Section 917.23(a): "For willfully injuring or killing a living tree in any public area or within any tree protection zone by cutting, debarking, breaking, by the use of herbicides, use of a vehicle, or in any other manner wherein such damage or destruction was intentionally inflicted, a fine of not less than $100.00 nor more than $500.00. Any fine pursuant to this section is in addition to any other penalties, fines, or costs assessed pursuant to this article." If the offender is an abutting property owner the repair or replacement cost "shall be assessed against the property," fines can repeat while the damage continues, and additional fines issue if the original is unpaid after 30 days. Section 917.24 makes anyone who removes or damages a tree in a municipal right-of-way or on city realty repair or replace it at their own cost or pay the city its value, determined by a certified arborist using an International Society of Arboriculture method or by a replacement formula the ordinance prints in full.
Ordinance: Morgantown Code of Ordinances, Part Nine - Streets, Utilities and Public Services Code, Chapter One, Article 917 (Community Forestry), Sections 917.01 through 917.26, adopted by Ord. No. 11-46 on November 15, 2011 and substantially rewritten by Ord. No. 2020-40 on October 20, 2020; Section 917.03 further amended by Ord. No. 2021-03 on March 16, 2021. Ord. No. 2020-40 renamed the Municipal Tree Board the City Tree Board and retitled Section 917.11 from "trees not on a public place" to "trees not on public property." The hillside rule is Part Thirteen (Planning and Zoning Code), Chapter Three - Subdivision Regulations, Article 1325 (Hillside Areas), Sections 1325.01 and 1325.14, carried forward from the 1967 Code Sections 30-34 and 30-47. Code current through Ordinance No. 2025-21, enacted June 17, 2025 (Supp. No. 8).

Worth knowing

The DBH convention is written for hill country and is easy to get wrong. Section 917.02: "DBH shall be measured from the uphill side of a tree." On a Morgantown slope that is not the same number you would get standing downhill.
The city says the risk is yours, in writing. Section 917.05: "it is the ultimate responsibility of the individual property owner to assure that trees on his or her realty are maintained in a safe manner that does not endanger a neighbor or the general public," and the city "does not accept responsibility or liability for damage caused by any tree located on private property, State roads, or State rights-of-way."
The city can order you to cut, and this is the provision most Morgantown homeowners actually meet. Section 917.06: the City Manager or designee "shall have the authority and it shall be his/her duty to order the pruning, preservation or removal of trees upon private property when such trees meet the definition of a hazardous tree as defined within this article, are an obstruction as set forth in Section 917.18, or have a root system that is damaging infrastructure, such as sidewalks or streets within a public place." Section 917.20 gives at least 30 days to comply, or immediate compliance "in cases of extreme danger."
You are on the hook for clearance over the sidewalk and street. Section 917.18: owners and occupants of property bordering a public street must prune so trees do not obstruct street lights, pedestrians, street signs or intersection sight lines, with "minimum clearance for any overhanging portion thereof... eight feet over sidewalks and 15 feet over all streets."
Damaging someone else's tree needs their consent, and that is a separate offense. Section 917.13 bars a list of acts including fastening wire to a tree, excavating "within a distance ratio of one foot per inch of girth at DBH... from the center of any tree," and building without tree guards - "without the consent of the owner in the case of a tree, or without a written permit from the City Manager or his/her designee, in the case of a public tree." Section 533.08 of the General Offenses Code separately makes injuring or destroying trees an offense.
Morgantown does not license tree services, it just points at other law. Section 917.22 in full: "All persons, firms, or corporations engaged in commercial tree care operations are required to comply with all applicable Federal, State, and City of Morgantown rules and regulations that govern such operations." The definitions do distinguish a "Commercial tree pruner" from a "Commercial tree service," which "has a tree expert on staff/site to oversee all work," but no license or registration attaches to either.
Topping is banned on public trees. Section 917.16: "No person, commercial firm or City department shall, as a normal practice, top any street tree, park tree, or other tree located on public property."
The city will plant a tree on your private land by agreement. Section 917.11 authorizes a "greenspace planting agreement" so the city can plant shade trees on private land adjoining the right-of-way where the right-of-way itself is too narrow.
Utility line clearing comes with a notice right. Section 917.15 requires each utility tree trimming policy to be reviewed by the City Manager first, and requires personal contact at least seven business days before scheduled clearing, or a Class I legal advertisement where the property is vacant.

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.

— Which specific areas of Morgantown have actually been designated environmentally sensitive, and by whom. Section 917.02 requires designation "by the controlling governmental department or agency" and Section 917.12(c) lets City Council designate 75-year-old forests and FEMA floodplain areas, but no map or list of designated areas was found on morgantownwv.gov. This is the single most important open question for a Morgantown homeowner on a slope and it has to be answered by phone at 304-284-7405.
— Whether any fee attaches to a Section 917.10 permit. Article 917 sets none and no city fee schedule entry was located.
— The application form for a tree removal permit. The article refers only to "written permission" and does not name a form.
— The current contents of the City Tree Registry of exceptional trees. Section 917.12(a) says recognized trees may be listed "on the municipal website"; no such list was found.
— Whether Morgantown's zoning code, as opposed to the subdivision regulations, imposes any tree preservation duty on an existing single-family lot. The landscaping sections found (Sections 1341.08, 1343.08, 1345.08, 1347.08, 1349.10, 1353.08, 1355.07 and Article 1367) attach to non-residential districts and to development review, and were not read in full for single-family applicability.
— Whether the historic district review run by the Urban Landscape Commission under Article 163 reaches tree removal. The Commission is named in Section 917.03(c) as a collaborator on tree matters, but no Certificate of Appropriateness requirement touching trees was located.
— Whether Section 1325.14 reaches an already-platted hillside lot or only a subdivision in the approval process. The text is written to the subdivider and the Planning Commission, which suggests the latter, but the ordinance does not say so expressly.

Sources

Who to contact in Morgantown

Urban Landscape Division and City Arborist, City of Morgantown. Section 917.02 defines the City Arborist as "the person responsible for the implementation and enforcement of all requirements contained within this article... the person holding such position established in the City pay plan, or if such position is vacant, the City Manager." Section 917.04 puts the City Manager or designee in charge of the article. The City Tree Board advises; the Planning Commission handles the hillside subdivision rule at Section 1325.14.

Urban Landscape and City Arborist, the office to call about a tree permit or a city tree: 304-284-7405, Monday through Thursday 7 a.m. to 5:30 p.m. Note the four-day city work week - Friday there is no one at that desk. The Planning Division, for hillside subdivision questions under Section 1325.14, uses the same 304-284-7405 line. Code Enforcement, for a neighbor's hazardous or overhanging tree: 304-284-7401. City Arborist: elegg@morgantownwv.gov. Urban Landscape Director: tfulton@morgantownwv.gov Official page

389 Spruce Street, Morgantown, WV 26505

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Size threshold

What's protected in Morgantown

Trees of any size in environmentally sensitive areas, which is the provision that can reach a private lot. Section 917.02: "Environmentally sensitive areas means wetlands, riparian corridors, landslide prone areas, steep slopes, and fish and wildlife areas that have been so designated by the controlling governmental department or agency." Section 917.10(b) requires a written permit from the City Manager for removal of trees of any size in such an area, issued "after consultation with the full knowledge of the City Tree Board."

Every tree in a Council-designated environmentally sensitive area - a ban, not a permit. Section 917.12(c): "City Council may designate areas of the City containing forests 75 or more years old or areas within the floodplain as established by the Federal Emergency Management Agency as environmentally sensitive areas. In such designated areas, no tree may be removed unless permitted by the City Manager, or his/her designee, upon a determination that the tree is in an irreversibly hazardous condition."

Exceptional trees on the City Tree Registry, including trees on private land. Section 917.02 defines an exceptional tree as "a tree located on public or private land designated as exceptional due to historic association, rare tree species or extraordinary value because of its age, size or type." Section 917.12(b): trees on the Registry "on private property may only be removed following notification of the City Manager or his/her designee and the City Tree Board, unless it is deemed by the City Manager to be a hazardous tree or is creating a hazardous condition." Listing is voluntary but permanent - Section 917.12(a) requires the owner to agree in writing to a deed covenant "binding all successor owners of the realty."

Trees on any public place or municipal public right-of-way over three inches DBH, per Section 917.10(a). Section 917.02 defines a public place as "any municipal public street, municipal public highway, municipal public park, or any realty owned or held by the City within the boundaries of the City."

Existing tree growth in a hillside subdivision, under the Subdivision Regulations rather than the forestry article. Section 1325.14: "In a hillside subdivision, the existing tree growth and natural ground cover shall not be disturbed except for the grading of those portions of the lots for building sites and the installation of improvements, including earth cuts and fills." Section 1325.01 defines a hillside area as "one with an average slope of more than 16 percent," with areas at 31 percent or greater "considered extremely difficult to develop" and limited to lots of one acre or more.

How to apply in Morgantown

1
First work out whether your lot is in an environmentally sensitive area. Section 917.02 limits the term to wetlands, riparian corridors, landslide prone areas, steep slopes and fish and wildlife areas "that have been so designated by the controlling governmental department or agency," so designation is what triggers it. Ask the City Arborist at 304-284-7405 and the Planning Division before you cut on a steep or slide-prone lot.
2
If it is, or if the tree is on city land or in the right-of-way and is over three inches DBH: request written permission from the City Manager or designee. Section 917.10(b) says environmentally sensitive area permits issue "after consultation with the full knowledge of the City Tree Board" and "may be granted for one tree or for groups of trees."
3
Expect a replacement condition. Section 917.10(c): anyone removing non-hazardous trees three inches or more DBH by permit "shall provide for the planting of new trees in approximately equal numbers of appropriate species in appropriate locations approved by the City Manager, or his/her designee, and identified in the permit." The same subsection adds that "Failure to obtain a permit when one would be required for removal of trees shall not relieve responsibility for the planting of replacement trees."
4
If your tree is on the City Tree Registry, Section 917.12(b) requires notification of the City Manager or designee and the City Tree Board before removal, unless the City Manager has deemed it hazardous.
5
If you are subdividing hillside land, the tree rule runs through the Planning Commission instead. Section 1325.14 lets the Commission permit additional clearing "when necessary to the successful development of the subdivision," but the subdivider must "agree to the replacement of any additional trees and ground cover prior to final approval of the subdivision."
6
Appeals under Section 917.07 go to the City Manager, or to the Tree Board if the City Manager made the decision, in writing within 30 days, then to City Council within ten days of the written determination.

Fees, penalties, and the ordinance

Fee

No fee for any tree permit appears anywhere in Article 917. The article speaks only of "written permission" and "permits... issued in writing by the City Manager," and sets no dollar amount. Confirm with the City Arborist at 304-284-7405 before assuming it is free.

Penalties

Section 917.23(a): "For willfully injuring or killing a living tree in any public area or within any tree protection zone by cutting, debarking, breaking, by the use of herbicides, use of a vehicle, or in any other manner wherein such damage or destruction was intentionally inflicted, a fine of not less than $100.00 nor more than $500.00. Any fine pursuant to this section is in addition to any other penalties, fines, or costs assessed pursuant to this article." If the offender is an abutting property owner the repair or replacement cost "shall be assessed against the property," fines can repeat while the damage continues, and additional fines issue if the original is unpaid after 30 days. Section 917.24 makes anyone who removes or damages a tree in a municipal right-of-way or on city realty repair or replace it at their own cost or pay the city its value, determined by a certified arborist using an International Society of Arboriculture method or by a replacement formula the ordinance prints in full.

Ordinance

Morgantown Code of Ordinances, Part Nine - Streets, Utilities and Public Services Code, Chapter One, Article 917 (Community Forestry), Sections 917.01 through 917.26, adopted by Ord. No. 11-46 on November 15, 2011 and substantially rewritten by Ord. No. 2020-40 on October 20, 2020; Section 917.03 further amended by Ord. No. 2021-03 on March 16, 2021. Ord. No. 2020-40 renamed the Municipal Tree Board the City Tree Board and retitled Section 917.11 from "trees not on a public place" to "trees not on public property." The hillside rule is Part Thirteen (Planning and Zoning Code), Chapter Three - Subdivision Regulations, Article 1325 (Hillside Areas), Sections 1325.01 and 1325.14, carried forward from the 1967 Code Sections 30-34 and 30-47. Code current through Ordinance No. 2025-21, enacted June 17, 2025 (Supp. No. 8).

Worth knowing

The DBH convention is written for hill country and is easy to get wrong. Section 917.02: "DBH shall be measured from the uphill side of a tree." On a Morgantown slope that is not the same number you would get standing downhill.
The city says the risk is yours, in writing. Section 917.05: "it is the ultimate responsibility of the individual property owner to assure that trees on his or her realty are maintained in a safe manner that does not endanger a neighbor or the general public," and the city "does not accept responsibility or liability for damage caused by any tree located on private property, State roads, or State rights-of-way."
The city can order you to cut, and this is the provision most Morgantown homeowners actually meet. Section 917.06: the City Manager or designee "shall have the authority and it shall be his/her duty to order the pruning, preservation or removal of trees upon private property when such trees meet the definition of a hazardous tree as defined within this article, are an obstruction as set forth in Section 917.18, or have a root system that is damaging infrastructure, such as sidewalks or streets within a public place." Section 917.20 gives at least 30 days to comply, or immediate compliance "in cases of extreme danger."
You are on the hook for clearance over the sidewalk and street. Section 917.18: owners and occupants of property bordering a public street must prune so trees do not obstruct street lights, pedestrians, street signs or intersection sight lines, with "minimum clearance for any overhanging portion thereof... eight feet over sidewalks and 15 feet over all streets."
Damaging someone else's tree needs their consent, and that is a separate offense. Section 917.13 bars a list of acts including fastening wire to a tree, excavating "within a distance ratio of one foot per inch of girth at DBH... from the center of any tree," and building without tree guards - "without the consent of the owner in the case of a tree, or without a written permit from the City Manager or his/her designee, in the case of a public tree." Section 533.08 of the General Offenses Code separately makes injuring or destroying trees an offense.
Morgantown does not license tree services, it just points at other law. Section 917.22 in full: "All persons, firms, or corporations engaged in commercial tree care operations are required to comply with all applicable Federal, State, and City of Morgantown rules and regulations that govern such operations." The definitions do distinguish a "Commercial tree pruner" from a "Commercial tree service," which "has a tree expert on staff/site to oversee all work," but no license or registration attaches to either.
Topping is banned on public trees. Section 917.16: "No person, commercial firm or City department shall, as a normal practice, top any street tree, park tree, or other tree located on public property."
The city will plant a tree on your private land by agreement. Section 917.11 authorizes a "greenspace planting agreement" so the city can plant shade trees on private land adjoining the right-of-way where the right-of-way itself is too narrow.
Utility line clearing comes with a notice right. Section 917.15 requires each utility tree trimming policy to be reviewed by the City Manager first, and requires personal contact at least seven business days before scheduled clearing, or a Class I legal advertisement where the property is vacant.

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.

— Which specific areas of Morgantown have actually been designated environmentally sensitive, and by whom. Section 917.02 requires designation "by the controlling governmental department or agency" and Section 917.12(c) lets City Council designate 75-year-old forests and FEMA floodplain areas, but no map or list of designated areas was found on morgantownwv.gov. This is the single most important open question for a Morgantown homeowner on a slope and it has to be answered by phone at 304-284-7405.
— Whether any fee attaches to a Section 917.10 permit. Article 917 sets none and no city fee schedule entry was located.
— The application form for a tree removal permit. The article refers only to "written permission" and does not name a form.
— The current contents of the City Tree Registry of exceptional trees. Section 917.12(a) says recognized trees may be listed "on the municipal website"; no such list was found.
— Whether Morgantown's zoning code, as opposed to the subdivision regulations, imposes any tree preservation duty on an existing single-family lot. The landscaping sections found (Sections 1341.08, 1343.08, 1345.08, 1347.08, 1349.10, 1353.08, 1355.07 and Article 1367) attach to non-residential districts and to development review, and were not read in full for single-family applicability.
— Whether the historic district review run by the Urban Landscape Commission under Article 163 reaches tree removal. The Commission is named in Section 917.03(c) as a collaborator on tree matters, but no Certificate of Appropriateness requirement touching trees was located.
— Whether Section 1325.14 reaches an already-platted hillside lot or only a subdivision in the approval process. The text is written to the subdivider and the Planning Commission, which suggests the latter, but the ordinance does not say so expressly.