Tree Removal Permits in Wheeling, WV

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

Do you need a permit?

No permit required for most private trees

Wheeling says it plainly. Section 180.05: "Trees located on land other than municipally owned public property are the property and responsibility of the owner of such land." The only permission requirement in the whole tree law is Section 180.06(a), which reaches "a tree on municipally owned public property" and nothing else. No permit, no fee, no form, no size threshold for a tree in your own yard. What Wheeling does impose are duties - keep your trees off the street and sidewalk under Section 907.01, and remove or treat a nuisance tree at your own expense under Section 180.07(b). Ignore an order and the city does the work, bills you at six percent interest, and records a lien.

Size threshold

None found. No DBH, caliper, circumference or height trigger appears anywhere in Article 180, Article 907 or the Planning and Zoning Code. There is no size rule and therefore no measurement convention to get wrong.

What's protected in Wheeling

Trees on municipally owned public property, and only those. Section 180.06(a): "It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on municipally owned public property without written permission from the City Manager's office." Section 180.02(a) limits the city's tree authority to "all municipal city parks, and other municipally owned public property."
Nuisance trees on private property - which the city can make you remove, not stop you from removing. Section 180.07(a): "Any tree, or limb thereof, on private property determined by the City to have contracted a lethal, communicable disease or insect; and to be dead or dying; and obstruct the view of traffic signs or the free passage of pedestrians or vehicles; and threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal." Note the conjunctive chain of "and" - every condition has to be met.
Trees interfering with travel, under the separate streets article. Section 907.01 bars an owner from letting a tree "grow to such a size or to be or remain in a condition whether by decay or otherwise, that it is, unless trimmed or removed, an interference with travel," and sets clearances: "The minimum clearance for any overhanging portion thereof shall be 8 feet over sidewalks and 15 feet over all streets."

How to apply in Wheeling

1
For a tree on your own land there is nothing to apply for, and the city publishes no form. The full Applications and Forms inventory - 24 forms including building permit, conditional use, variance, special use, demolition packet, certificate of appropriateness, zoning compliance, subdivision and sign permit - contains no tree removal application.
2
For a tree on municipally owned public property, Section 180.06(a) requires "written permission from the City Manager's office." No form or published procedure exists; call (304) 234-3617.
3
If your lot is in the floodplain, contact the Floodplain Manager before any ground-disturbing project. Wheeling directs floodplain owners to check in first.
4
If you receive a trim or remove notice, Section 907.02 gives you 10 days to comply before the city does the work and bills you.

Fees, penalties, and the ordinance

Fee: None. No tree line item appears on the Building and Planning fee schedule, which prices every other city permit - building permit at 4.00 dollars per 1,000 dollars of value, conditional use permit 50 dollars, variance 50 dollars, certificate of appropriateness 15 dollars. The Section 180.06 written permission publishes no fee either.
Penalties: Section 180.08: "Any person, firm or corporation violating any provision of this Ordinance shall be subject to a fine not less than five hundred dollars ($500.00) for each offense. Each violation of this Section shall constitute a separate violation subject to separate fines being applied per violation." Section 907.99, quoted with its own typo intact: "Whoever violates any provision of this article shall be fined no less than five hundred dollars ($500.00) or nor more than one thousand dollars ($1,000.00)." Section 907.02 handles cost recovery: work the city performs is billed to the owner "plus accrued interest at the rate of six percent (6%) per year," and if unpaid after 60 days a sworn statement recorded with the County Commission Clerk "shall constitute a lien upon the property."
Ordinance: Codified Ordinances of the City of Wheeling, Part One - Administrative Code, Article 180 (Municipal Tree Board), Sections 180.01 through 180.11, and Part Nine - Streets, Utilities and Public Services Code, Article 907 (Trees), Sections 907.01, 907.02 and 907.99. Both articles were rewritten by Ord. 15867, passed April 18, 2023. Enabling authority is W. Va. Code 8-12-5(28), the power "To provide for the protection and conservation of shade or ornamental trees, whether on public or private property, and for the removal of trees or limbs of trees in a dangerous condition." Local legislation current through December 31, 2025; state legislation current through 2025 A.L.S. (version 2026-01).

Worth knowing

Section 180.07(b) is worth quoting because it settles the question from the other direction: "Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property." Removal here is an obligation, not something the city gates.
What the city does for private owners is give them information, not permits. Section 180.05 lists the city's measures as providing "any and all public documents utilized by the City... in an effort to assist private Landowners in their private endeavors and decisions regarding trees on their private property" and providing "leadership for Arbor Day observances and other public education efforts."
This is the clearest case in the state of authority held and deliberately unused. W. Va. Code 8-12-5(28) expressly lets Wheeling regulate trees "whether on public or private property." Wheeling has that power and chose to use it only for nuisance abatement and public-tree permission.
There is no hillside or steep-slope article anywhere in Wheeling's planning and zoning code, which is genuinely surprising given the terrain. Article 1351 Overlay Districts contains only Flood Plain Districts at Sections 1351.03 through 1351.07. The full Part Thirteen article list - subdivision Articles 1301 through 1311 and zoning Articles 1323 through 1377 - has no landscaping, tree preservation, buffer, steep slope or erosion control article at all.
In the historic districts, planting is regulated and removal is not. The Centre Market Square Historic District Design Review Guidelines say "No approval is required for simple landscaping such as flowers and shrubs; however HLC approval is necessary before planting trees between the street and the front facade," and add that "HLC guidelines will pertain to facades only." A Certificate of Appropriateness does not reach tree removal.
The city's permit guide supports the answer indirectly. "Landscaping (excluding retaining walls)" appears on the list of projects that do not require a building permit, and tree removal appears on neither list.
The Municipal Tree Board has seven to ten members serving unpaid three-year terms, at least one with "specialized knowledge and expertise regarding tree management and care," and its role under Section 180.01 is to supply "expertise in creating, evaluating, and supplying guidance to the City Administration for Public Projects and Municipality planned improvements."

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 stump grinding, grading or land disturbance incidental to a tree removal triggers a floodplain development permit under Article 1351 or stormwater review under Article 939. Article 1351 was confirmed to be floodplain-only, but the definition of "development" and the land-disturbance thresholds at Sections 939.13 and 939.15 were not read in full. If your lot is in the floodplain, call the Floodplain Manager first.
— Whether the North Wheeling and Chapline Street Row historic district design guidelines contain tree provisions. The Chapline Street Row PDF is a scanned image with no text layer and the North Wheeling guidelines link did not resolve. Only the Centre Market Square guidelines were read in full.
— Whether a tree service needs a City of Wheeling business license or contractor registration. The Development Services page references contractor license registration, but whether it reaches tree or arborist work was not confirmed.
— A codification inconsistency, reported rather than resolved: Section 180.07 is credited to "Ord. 15847. Passed 4-18-23" while Sections 180.01, 180.02, 180.05, 180.06, 180.08, 907.01, 907.02 and 907.99 all cite Ord. 15867 of the same date. Likely a typographical error in the codification.
— A stale cross-reference, also reported rather than resolved: Article 907 cites "Power to regulate - see W. Va. Code 8-12-5(29)," but the current subsection (29) governs house trailers and mobile homes. The tree power is subsection (28).
— Two overlapping nuisance regimes with different triggers and different penalty ranges - Section 907.01 and Section 180.07 - were adopted the same day and both remain in force.
— Whether any ordinance adopted after December 31, 2025 changed this. The online code's currency stops there.

Sources

Who to contact in Wheeling

City of Wheeling Building and Planning Department - the right first call for a homeowner, because it is the department the city's own permit guide directs permit questions to. Public Works enforces the street clearance and nuisance rules and issues trim or remove notices. The City Manager's office is the one that grants written permission under Section 180.06 for a tree on municipal land. The Municipal Tree Board is advisory only and has no permit authority.

Building and Planning, best first call and the number the city itself publishes for permit questions: (304) 234-3601. Public Works, for a street tree or a city tree over your property, and the office that issues trim and remove notices: (304) 234-3731. City Manager's Office, the only office that can authorize work on a tree on municipal land: (304) 234-3617. City Clerk, for code questions: (304) 234-6401. TreeBoard@wheelingwv.gov for the advisory Municipal Tree Board. Floodplain Manager Chet Oldfield: coldfield@wheelingwv.gov. City Clerk Jessica Holloway: jessica.holloway@wheelingwv.gov Official page

1500 Chapline Street, Wheeling, WV 26003. Monday through Friday 8:30 a.m. to 5:00 p.m.

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What's protected in Wheeling

Trees on municipally owned public property, and only those. Section 180.06(a): "It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on municipally owned public property without written permission from the City Manager's office." Section 180.02(a) limits the city's tree authority to "all municipal city parks, and other municipally owned public property."

Nuisance trees on private property - which the city can make you remove, not stop you from removing. Section 180.07(a): "Any tree, or limb thereof, on private property determined by the City to have contracted a lethal, communicable disease or insect; and to be dead or dying; and obstruct the view of traffic signs or the free passage of pedestrians or vehicles; and threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal." Note the conjunctive chain of "and" - every condition has to be met.

Trees interfering with travel, under the separate streets article. Section 907.01 bars an owner from letting a tree "grow to such a size or to be or remain in a condition whether by decay or otherwise, that it is, unless trimmed or removed, an interference with travel," and sets clearances: "The minimum clearance for any overhanging portion thereof shall be 8 feet over sidewalks and 15 feet over all streets."

How to apply in Wheeling

1
For a tree on your own land there is nothing to apply for, and the city publishes no form. The full Applications and Forms inventory - 24 forms including building permit, conditional use, variance, special use, demolition packet, certificate of appropriateness, zoning compliance, subdivision and sign permit - contains no tree removal application.
2
For a tree on municipally owned public property, Section 180.06(a) requires "written permission from the City Manager's office." No form or published procedure exists; call (304) 234-3617.
3
If your lot is in the floodplain, contact the Floodplain Manager before any ground-disturbing project. Wheeling directs floodplain owners to check in first.
4
If you receive a trim or remove notice, Section 907.02 gives you 10 days to comply before the city does the work and bills you.

Fees, penalties, and the ordinance

Fee

None. No tree line item appears on the Building and Planning fee schedule, which prices every other city permit - building permit at 4.00 dollars per 1,000 dollars of value, conditional use permit 50 dollars, variance 50 dollars, certificate of appropriateness 15 dollars. The Section 180.06 written permission publishes no fee either.

Penalties

Section 180.08: "Any person, firm or corporation violating any provision of this Ordinance shall be subject to a fine not less than five hundred dollars ($500.00) for each offense. Each violation of this Section shall constitute a separate violation subject to separate fines being applied per violation." Section 907.99, quoted with its own typo intact: "Whoever violates any provision of this article shall be fined no less than five hundred dollars ($500.00) or nor more than one thousand dollars ($1,000.00)." Section 907.02 handles cost recovery: work the city performs is billed to the owner "plus accrued interest at the rate of six percent (6%) per year," and if unpaid after 60 days a sworn statement recorded with the County Commission Clerk "shall constitute a lien upon the property."

Ordinance

Codified Ordinances of the City of Wheeling, Part One - Administrative Code, Article 180 (Municipal Tree Board), Sections 180.01 through 180.11, and Part Nine - Streets, Utilities and Public Services Code, Article 907 (Trees), Sections 907.01, 907.02 and 907.99. Both articles were rewritten by Ord. 15867, passed April 18, 2023. Enabling authority is W. Va. Code 8-12-5(28), the power "To provide for the protection and conservation of shade or ornamental trees, whether on public or private property, and for the removal of trees or limbs of trees in a dangerous condition." Local legislation current through December 31, 2025; state legislation current through 2025 A.L.S. (version 2026-01).

Worth knowing

Section 180.07(b) is worth quoting because it settles the question from the other direction: "Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property." Removal here is an obligation, not something the city gates.
What the city does for private owners is give them information, not permits. Section 180.05 lists the city's measures as providing "any and all public documents utilized by the City... in an effort to assist private Landowners in their private endeavors and decisions regarding trees on their private property" and providing "leadership for Arbor Day observances and other public education efforts."
This is the clearest case in the state of authority held and deliberately unused. W. Va. Code 8-12-5(28) expressly lets Wheeling regulate trees "whether on public or private property." Wheeling has that power and chose to use it only for nuisance abatement and public-tree permission.
There is no hillside or steep-slope article anywhere in Wheeling's planning and zoning code, which is genuinely surprising given the terrain. Article 1351 Overlay Districts contains only Flood Plain Districts at Sections 1351.03 through 1351.07. The full Part Thirteen article list - subdivision Articles 1301 through 1311 and zoning Articles 1323 through 1377 - has no landscaping, tree preservation, buffer, steep slope or erosion control article at all.
In the historic districts, planting is regulated and removal is not. The Centre Market Square Historic District Design Review Guidelines say "No approval is required for simple landscaping such as flowers and shrubs; however HLC approval is necessary before planting trees between the street and the front facade," and add that "HLC guidelines will pertain to facades only." A Certificate of Appropriateness does not reach tree removal.
The city's permit guide supports the answer indirectly. "Landscaping (excluding retaining walls)" appears on the list of projects that do not require a building permit, and tree removal appears on neither list.
The Municipal Tree Board has seven to ten members serving unpaid three-year terms, at least one with "specialized knowledge and expertise regarding tree management and care," and its role under Section 180.01 is to supply "expertise in creating, evaluating, and supplying guidance to the City Administration for Public Projects and Municipality planned improvements."

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 stump grinding, grading or land disturbance incidental to a tree removal triggers a floodplain development permit under Article 1351 or stormwater review under Article 939. Article 1351 was confirmed to be floodplain-only, but the definition of "development" and the land-disturbance thresholds at Sections 939.13 and 939.15 were not read in full. If your lot is in the floodplain, call the Floodplain Manager first.
— Whether the North Wheeling and Chapline Street Row historic district design guidelines contain tree provisions. The Chapline Street Row PDF is a scanned image with no text layer and the North Wheeling guidelines link did not resolve. Only the Centre Market Square guidelines were read in full.
— Whether a tree service needs a City of Wheeling business license or contractor registration. The Development Services page references contractor license registration, but whether it reaches tree or arborist work was not confirmed.
— A codification inconsistency, reported rather than resolved: Section 180.07 is credited to "Ord. 15847. Passed 4-18-23" while Sections 180.01, 180.02, 180.05, 180.06, 180.08, 907.01, 907.02 and 907.99 all cite Ord. 15867 of the same date. Likely a typographical error in the codification.
— A stale cross-reference, also reported rather than resolved: Article 907 cites "Power to regulate - see W. Va. Code 8-12-5(29)," but the current subsection (29) governs house trailers and mobile homes. The tree power is subsection (28).
— Two overlapping nuisance regimes with different triggers and different penalty ranges - Section 907.01 and Section 180.07 - were adopted the same day and both remain in force.
— Whether any ordinance adopted after December 31, 2025 changed this. The online code's currency stops there.