Tree Removal Permits in Weirton, WV

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

Do you need a permit?

It depends on the tree

Weirton's tree article is about public land - Section 909.03 permits planting in a public place, Section 909.05 gives the City Engineer power to trim or remove, and Section 909.06 makes it an offense to injure a shade tree along a sidewalk or in a public place. But Weirton rewrote its zoning as a Unified Development Ordinance in 2024, and the UDO makes TIMBERING a conditional use in every single zoning district in the city. Section 10.37 is plainly written for logging crews, yet the definition reaches "the removal by select-cut or clear-cut of trees and brush, for commercial or personal purposes." Where the line falls between taking down a few trees and timbering is not stated anywhere, so before clearing more than an isolated tree, call Planning at 304-797-8500 ext. 1020.

Size threshold

No size threshold triggers any permit. The UDO does define a tree by maturity rather than by current diameter: "TREE - A plant having at least one (1) well defined stem or trunk and normally attaining a mature height of at least fifteen (15) feet, with an average mature spread of fifteen (15) feet and having a trunk that shall be kept clear of leaves and branches at least six (6) feet above grade at maturity." For nursery stock the UDO uses a split caliper convention: "For trees less than four inches in diameter, the measurement should be taken at six inches above the ground level. For trees greater than four (4) inches in diameter up to and including twelve (12) inches, the Caliper measurement must be taken twelve (12) inches above the ground level. For trees greater than twelve (12) inches in diameter, the trunk is measured at breast height."

What's protected in Weirton

Any tree removal that amounts to timbering, in every district. The UDO use table lists Timbering as a conditional use (C) in all nine zoning districts, keyed to Section 10.37. The definition is the part that matters: "TIMBERING - The removal by select-cut or clear-cut of trees and brush, for commercial or personal purposes, which would allow the possibility of additional stormwater runoff and / or erosion." The UDO separately defines "CLEAR-CUTTING - Removal of an entire stand of trees and shrubs."
Trees, shrubs and vines being planted in a public street or public place - planting, not removal. Section 909.03(A): "No person shall plant or set out any tree, shrub or vine or cause, authorize or procure any person to plant or set out any tree, shrub or vine in or upon any part of any public street or public place, without first obtaining from the City Engineer a written permit to do so." The permit is free, and Section 909.04 adds that no tree may be planted "at the intersection of two or more streets or within 20 feet of such intersection," nor where the clear space between curb and sidewalk is under three feet, nor nearer than one foot from the curb line.
Trees and shrubs in streets, alleys and public grounds, which the City Engineer may cut without asking. Section 909.05 gives the Engineer the right to trim or remove them "as may be necessary to insure safety to pedestrians and vehicular traffic," and Section 909.06 is titled "Injuring shade trees."
Trees and bushes overhanging a street or sidewalk, and anything blocking an intersection sight line - a duty rather than a restriction. Section 909.01(A): "No owner or tenant of any property abutting upon any street or sidewalk within the city shall permit overhanging branches of trees or bushes, vines or other growing matter to obstruct or interfere with the use by the public of the streets or sidewalks." Section 909.01(B) declares any hedge, tree, shrub or other growth at an intersection a nuisance "to the extent that such hedge, tree, shrub or other growth obstructs the view of the operator of any motor vehicle."
Dead, diseased or dangerous trees overhanging public ways, under the UDO. Section 12.10(E)(3): "It is the responsibility of each private property owner to remove any dead, diseased, or dangerous trees or shrubs, or parts thereof, which overhang or interfere with line of sight, traffic control devices, public sidewalks, rights-of-way, or property owned by the City. The City shall have the authority to order the removal of any such trees or shrubs."

How to apply in Weirton

1
Work out first whether what you are doing counts as timbering. If it is one tree in a yard, the UDO gives no procedure and no form. If it is select-cutting or clear-cutting an area, Section 10.37 applies and it is a conditional use requiring Board of Zoning Appeals approval. Call Planning at 304-797-8500 ext. 1020 and ask.
2
Section 10.37(A): submit to the Planning Director "A plan showing all haul roads, harvesting areas, property lines, skid trails, streams, and all impacted streets," plus proposed stormwater runoff and sediment and erosion control measures, with drainage calculations showing the impact on any watershed areas. The City Engineer reviews and makes a recommendation.
3
Section 10.37(B): supply a list of the names and addresses of all adjacent property owners, which "may be prepared using current information available from the Offices of the Tax Assessors in Hancock and Brooke Counties." The Planning Director then mails notice of a public hearing.
4
Section 10.37(G): the contractor posts a performance bond in an amount set by the Director of Public Works before any work starts.
5
Section 10.37(E): no logging activity between 6:00 p.m. and 6:00 a.m., with additional limits the Planning Director may impose.
6
For planting in a public place, Section 909.03 requires a permit. For anything in the right-of-way, Section 909.05 puts the City Engineer in charge.

Fees, penalties, and the ordinance

Fee: No fee is published for the Section 909.03 planting permit or for any tree removal. A conditional use application for timbering under Section 10.37 would carry the standard Board of Zoning Appeals fee, which the UDO leaves to Council to set. Section 10.37(G) does require a timbering contractor to post "a performance bond (representative to be registered in West Virginia) in an amount to be determined by the Director of Public Works prior to the commencement of any work."
Penalties: The tree article carries no penalty of its own. Section 909.01 ends with a cross-reference: "Penalty, see Section 101.99," the general code penalty. On the UDO side, Section 10.37(C) provides that "Any violations of the speed limits shall be cause for revocation of any and all permits and the immediate suspension of all work," and Section 10.37(I) lets the city bill a contractor for street cleaning or emergency repairs "at a rate to be determined by the Director of Public Works." The specific dollar exposure under Section 101.99 was not read and is listed as unverified below.
Ordinance: Weirton Code of Ordinances, Part IX - Streets, Utilities and Public Services Code, Chapter 1, Article 909 (Trees and Shrubs), Sections 909.01 through 909.06. Section 909.01 is from the 1971 Code Section 909.01 as amended by Ord. 1530, passed June 28, 2007. Code currency: 2025 S-18. The zoning rules are not in that code at all - Part XIII, Chapter 1, Section 1301.01 adopts the Unified Development Code by reference. The operative document is the City of Weirton Unified Development Ordinance, enacted October 9, 2024 and amended December 12, 2025, published as a PDF by the Planning and Development Department. Timbering is Section 10.37; landscaping is Section 12.10; the permit trigger is Section 4.01.

Worth knowing

Weirton is one of only two cities in this file where the tree rule you actually need is not in the chapter called Trees. Article 909 is short, old and public-facing. The UDO is new, long, and where the real restriction lives.
The UDO landscaping article says in terms that it does not reach an ordinary house. Section 12.10(B): "These landscape regulations shall apply to multi-family developments consisting of more than two units, commercial, office, industrial, and institutional development. Previously approved development need not comply unless new site development approval is being sought."
Section 12.10(C) states a preservation preference rather than a prohibition: "Existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to landscaping requirements."
The broad permit trigger is worth reading before any project. Section 4.01: "No permit pertaining to the clearing, grading or preparation of land; the construction, enlargement, moving, remodeling, reconstruction of a structure; the subdivision of a parcel of property; or the change of use of a structure or parcel shall be issued unless approval of the application has been granted by the Planning Director or the Board of Zoning Appeals."
Section 1.05 of the UDO reaches clearing directly: no land "shall hereafter be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development... except in compliance with all of the applicable provisions of this Ordinance." Note the qualifier - lands contemplated for development.
The UDO distinguishes a public tree by ownership rather than location on the ground: "TREE, PUBLIC - Any Tree located on City-owned or controlled property including parks, Street Rights-of-Ways, parkways, etc."
The City Engineer can come onto your land and cut. Section 909.05: he "shall have the power to enter upon any private grounds for the purpose of trimming or removing trees and shrubbery in order to prevent danger therefrom to person or property, in the event the owner or occupant of such premises does not comply with the City Engineer's orders." Section 909.02 puts the bill on you: if you fail to clear an obstruction after notice, "the city, through the City Engineer, shall have the obstruction removed, and shall charge and collect the cost of such removal from such property owner or tenant."
The planting permit is free. Section 909.03(B): "There shall be no charge for such permits, but before any permit is issued for planting more than 10 trees, shrubs or vines, the City Engineer may request from the applicant a detailed declaration of intentions."
Weirton straddles two counties, Hancock and Brooke, which is why Section 10.37(B) names both assessors.
Weirton has no tree board, tree commission or urban forestry board. The city's published board and commission list runs from the Disruptive Activity Board to the Water Board with no tree body on it.

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 single most important question here: whether taking down one tree, or a handful, in a residential yard counts as "timbering" and therefore needs a conditional use permit. The definition says "for commercial or personal purposes" with no acreage, tree-count or volume floor, while Section 10.37 is written entirely for logging crews with haul roads and skid trails. The ordinance does not reconcile the two and no city interpretation was found. Reported, not resolved - ask Planning at 304-797-8500 ext. 1020 before clearing anything.
— The body text of Section 909.06, Injuring shade trees. Only its title was retrieved; Sections 909.01 through 909.05 were read in full and every one of them is limited to streets, sidewalks, alleys and public places.
— The dollar amount of the general code penalty at Section 101.99.
— Whether Weirton has any steep slope, hillside or landslide overlay. No such article appeared in the UDO table of contents or in a keyword scan of the ordinance text, but the UDO runs 168 pages and was not read in full. Weirton is built on the Ohio River hills, so ask before clearing a slope.
— Whether any conditional use fee applies to a timbering application. The UDO leaves the fee schedule to Council and no published schedule was located.
— Whether a tree service needs a Weirton business license or contractor registration. The Business and Taxation Code was not read.
— Whether Weirton has a historic district review that reaches trees. None was located.

Sources

Who to contact in Weirton

Weirton Planning and Development Department - the office to call first, because the operative rule sits in the Unified Development Ordinance rather than the tree article. Section 10.37 routes timbering plans to the Planning Director with a review by the City Engineer. Building Inspections and Code Enforcement handles property maintenance. Public Works trims city rights-of-way.

Planning and Development, the office that reviews a timbering plan and the right first call: 304-797-8500, extension 1020. Building Inspections and Code Enforcement, for a dangerous tree or a property complaint: 304-797-8500, with Code Official Nick Stewart at extension 1213 and permit clerks at extensions 1005 and 1049. Public Works, for a city right-of-way tree: 304-797-8500. All city numbers run through the same 304-797-8500 switchboard. Planning and Development: mmiller@cityofweirton.com. Building Inspections: inspections@cityofweirton.com, or Code Official nstewart@cityofweirton.com Official page

City Hall and Planning: 200 Municipal Plaza, Weirton, WV 26062. Public Works: 100 Tell Street, Weirton, WV 26062.

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Size threshold

What's protected in Weirton

Any tree removal that amounts to timbering, in every district. The UDO use table lists Timbering as a conditional use (C) in all nine zoning districts, keyed to Section 10.37. The definition is the part that matters: "TIMBERING - The removal by select-cut or clear-cut of trees and brush, for commercial or personal purposes, which would allow the possibility of additional stormwater runoff and / or erosion." The UDO separately defines "CLEAR-CUTTING - Removal of an entire stand of trees and shrubs."

Trees, shrubs and vines being planted in a public street or public place - planting, not removal. Section 909.03(A): "No person shall plant or set out any tree, shrub or vine or cause, authorize or procure any person to plant or set out any tree, shrub or vine in or upon any part of any public street or public place, without first obtaining from the City Engineer a written permit to do so." The permit is free, and Section 909.04 adds that no tree may be planted "at the intersection of two or more streets or within 20 feet of such intersection," nor where the clear space between curb and sidewalk is under three feet, nor nearer than one foot from the curb line.

Trees and shrubs in streets, alleys and public grounds, which the City Engineer may cut without asking. Section 909.05 gives the Engineer the right to trim or remove them "as may be necessary to insure safety to pedestrians and vehicular traffic," and Section 909.06 is titled "Injuring shade trees."

Trees and bushes overhanging a street or sidewalk, and anything blocking an intersection sight line - a duty rather than a restriction. Section 909.01(A): "No owner or tenant of any property abutting upon any street or sidewalk within the city shall permit overhanging branches of trees or bushes, vines or other growing matter to obstruct or interfere with the use by the public of the streets or sidewalks." Section 909.01(B) declares any hedge, tree, shrub or other growth at an intersection a nuisance "to the extent that such hedge, tree, shrub or other growth obstructs the view of the operator of any motor vehicle."

Dead, diseased or dangerous trees overhanging public ways, under the UDO. Section 12.10(E)(3): "It is the responsibility of each private property owner to remove any dead, diseased, or dangerous trees or shrubs, or parts thereof, which overhang or interfere with line of sight, traffic control devices, public sidewalks, rights-of-way, or property owned by the City. The City shall have the authority to order the removal of any such trees or shrubs."

How to apply in Weirton

1
Work out first whether what you are doing counts as timbering. If it is one tree in a yard, the UDO gives no procedure and no form. If it is select-cutting or clear-cutting an area, Section 10.37 applies and it is a conditional use requiring Board of Zoning Appeals approval. Call Planning at 304-797-8500 ext. 1020 and ask.
2
Section 10.37(A): submit to the Planning Director "A plan showing all haul roads, harvesting areas, property lines, skid trails, streams, and all impacted streets," plus proposed stormwater runoff and sediment and erosion control measures, with drainage calculations showing the impact on any watershed areas. The City Engineer reviews and makes a recommendation.
3
Section 10.37(B): supply a list of the names and addresses of all adjacent property owners, which "may be prepared using current information available from the Offices of the Tax Assessors in Hancock and Brooke Counties." The Planning Director then mails notice of a public hearing.
4
Section 10.37(G): the contractor posts a performance bond in an amount set by the Director of Public Works before any work starts.
5
Section 10.37(E): no logging activity between 6:00 p.m. and 6:00 a.m., with additional limits the Planning Director may impose.
6
For planting in a public place, Section 909.03 requires a permit. For anything in the right-of-way, Section 909.05 puts the City Engineer in charge.

Fees, penalties, and the ordinance

Fee

No fee is published for the Section 909.03 planting permit or for any tree removal. A conditional use application for timbering under Section 10.37 would carry the standard Board of Zoning Appeals fee, which the UDO leaves to Council to set. Section 10.37(G) does require a timbering contractor to post "a performance bond (representative to be registered in West Virginia) in an amount to be determined by the Director of Public Works prior to the commencement of any work."

Penalties

The tree article carries no penalty of its own. Section 909.01 ends with a cross-reference: "Penalty, see Section 101.99," the general code penalty. On the UDO side, Section 10.37(C) provides that "Any violations of the speed limits shall be cause for revocation of any and all permits and the immediate suspension of all work," and Section 10.37(I) lets the city bill a contractor for street cleaning or emergency repairs "at a rate to be determined by the Director of Public Works." The specific dollar exposure under Section 101.99 was not read and is listed as unverified below.

Ordinance

Weirton Code of Ordinances, Part IX - Streets, Utilities and Public Services Code, Chapter 1, Article 909 (Trees and Shrubs), Sections 909.01 through 909.06. Section 909.01 is from the 1971 Code Section 909.01 as amended by Ord. 1530, passed June 28, 2007. Code currency: 2025 S-18. The zoning rules are not in that code at all - Part XIII, Chapter 1, Section 1301.01 adopts the Unified Development Code by reference. The operative document is the City of Weirton Unified Development Ordinance, enacted October 9, 2024 and amended December 12, 2025, published as a PDF by the Planning and Development Department. Timbering is Section 10.37; landscaping is Section 12.10; the permit trigger is Section 4.01.

Worth knowing

Weirton is one of only two cities in this file where the tree rule you actually need is not in the chapter called Trees. Article 909 is short, old and public-facing. The UDO is new, long, and where the real restriction lives.
The UDO landscaping article says in terms that it does not reach an ordinary house. Section 12.10(B): "These landscape regulations shall apply to multi-family developments consisting of more than two units, commercial, office, industrial, and institutional development. Previously approved development need not comply unless new site development approval is being sought."
Section 12.10(C) states a preservation preference rather than a prohibition: "Existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to landscaping requirements."
The broad permit trigger is worth reading before any project. Section 4.01: "No permit pertaining to the clearing, grading or preparation of land; the construction, enlargement, moving, remodeling, reconstruction of a structure; the subdivision of a parcel of property; or the change of use of a structure or parcel shall be issued unless approval of the application has been granted by the Planning Director or the Board of Zoning Appeals."
Section 1.05 of the UDO reaches clearing directly: no land "shall hereafter be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development... except in compliance with all of the applicable provisions of this Ordinance." Note the qualifier - lands contemplated for development.
The UDO distinguishes a public tree by ownership rather than location on the ground: "TREE, PUBLIC - Any Tree located on City-owned or controlled property including parks, Street Rights-of-Ways, parkways, etc."
The City Engineer can come onto your land and cut. Section 909.05: he "shall have the power to enter upon any private grounds for the purpose of trimming or removing trees and shrubbery in order to prevent danger therefrom to person or property, in the event the owner or occupant of such premises does not comply with the City Engineer's orders." Section 909.02 puts the bill on you: if you fail to clear an obstruction after notice, "the city, through the City Engineer, shall have the obstruction removed, and shall charge and collect the cost of such removal from such property owner or tenant."
The planting permit is free. Section 909.03(B): "There shall be no charge for such permits, but before any permit is issued for planting more than 10 trees, shrubs or vines, the City Engineer may request from the applicant a detailed declaration of intentions."
Weirton straddles two counties, Hancock and Brooke, which is why Section 10.37(B) names both assessors.
Weirton has no tree board, tree commission or urban forestry board. The city's published board and commission list runs from the Disruptive Activity Board to the Water Board with no tree body on it.

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 single most important question here: whether taking down one tree, or a handful, in a residential yard counts as "timbering" and therefore needs a conditional use permit. The definition says "for commercial or personal purposes" with no acreage, tree-count or volume floor, while Section 10.37 is written entirely for logging crews with haul roads and skid trails. The ordinance does not reconcile the two and no city interpretation was found. Reported, not resolved - ask Planning at 304-797-8500 ext. 1020 before clearing anything.
— The body text of Section 909.06, Injuring shade trees. Only its title was retrieved; Sections 909.01 through 909.05 were read in full and every one of them is limited to streets, sidewalks, alleys and public places.
— The dollar amount of the general code penalty at Section 101.99.
— Whether Weirton has any steep slope, hillside or landslide overlay. No such article appeared in the UDO table of contents or in a keyword scan of the ordinance text, but the UDO runs 168 pages and was not read in full. Weirton is built on the Ohio River hills, so ask before clearing a slope.
— Whether any conditional use fee applies to a timbering application. The UDO leaves the fee schedule to Council and no published schedule was located.
— Whether a tree service needs a Weirton business license or contractor registration. The Business and Taxation Code was not read.
— Whether Weirton has a historic district review that reaches trees. None was located.