Do You Need a Permit to Remove a Tree? Complete Guide
Tree removal rules vary more dramatically from city to city than almost any other residential project. Houston has no tree ordinance at all — remove any tree freely. Portland protects any private tree 12 inches or larger in diameter at breast height (DBH). Atlanta protects trees as small as 6 inches DBH. Austin protects heritage trees 19+ inches. Los Angeles protects oaks, sycamores, and other native species regardless of size. Florida has a statewide law (F.S. 163.045) that lets homeowners bypass all local tree ordinances if a certified arborist documents the tree as hazardous. This guide covers when a permit is required, how to measure DBH, which species are protected where, replanting and mitigation rules, the Florida hazardous tree exemption, and typical costs.
Last updated: April 11, 2026
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Free Permit Lookup →When You Need a Tree Removal Permit
You'll typically need a building permit when:
- Portland, OR: Any private tree 12 inches DBH or larger requires a permit. Environmental overlay zones trigger at 6 inches DBH. Trees 20 inches DBH or larger require public notice and opportunity to appeal. Source: Portland City Code Chapter 11.40, verified at portland.gov/code/11/40.
- Atlanta, GA: Trees 6 inches DBH or larger require a permit on private property. Atlanta has one of the strictest tree ordinances in the US.
- Austin, TX: Protected trees 19 inches DBH or larger require a permit. Heritage trees (24 inches DBH or larger, specific species like oaks) are strictly protected and removal can be denied.
- Los Angeles, CA: Protected native species (oaks, California sycamore, California bay laurel, Southern California black walnut) require a permit regardless of diameter. Handled by the Bureau of Engineering Urban Forestry Division.
- Seattle, WA: Exceptional trees require SDCI approval for removal. The threshold categories include tree diameter and tree species. All tree work must be performed by a contractor on the Tree Service Provider registry.
- San Francisco, CA: Street trees (between sidewalk and curb) always require a permit from the Department of Public Works. Trees in private yards may require approval depending on species and size.
- New York City: Street trees along public ROWs always require a permit from NYC Parks Department. Private property trees generally do not require a permit.
- Any tree in the public right-of-way (between sidewalk and street): Permit required in virtually every US city. Handled by Public Works, not the building department.
When You DON'T Need a Permit
These projects are typically exempt from permit requirements:
- Houston, TX: No private property tree ordinance. Homeowners may remove any tree on private property without a permit. This is the most permissive major city in the US.
- Florida (statewide, F.S. 163.045): Private single-family residential property owners may remove any tree without a permit, fee, or mitigation IF they obtain a written assessment from an ISA-certified arborist or Florida-licensed landscape architect documenting the tree as posing an 'unacceptable risk' to persons or property. This preempts all local ordinances and replanting requirements. Does not apply to mangroves.
- Most cities that have tree ordinances: Dead, dying, or clearly hazardous trees have a streamlined approval process — often same-day or automatic approval with arborist documentation.
- Emergency removal: If a tree presents imminent danger (storm damage, leaning), most jurisdictions allow removal of the hazardous portion without a prior permit, but require retroactive documentation within 7 days (Portland explicitly) or similar windows.
- Small trees: Many cities exempt trees below their minimum DBH threshold. A 4-inch sapling is exempt in Portland (12-inch threshold) and Austin (19-inch threshold).
- Most cities in Texas (outside Austin), most of the rural Midwest and Southeast: No tree permit ordinance at all. Removal is unrestricted on private property.
Exemptions vary by city. Always check your local requirements.
Typical Permit Costs
Permit fees vary by city and project scope. Here are typical ranges:
| Project Scope | Typical Permit Fee |
|---|---|
| Tree permit fee (where required) | $25 – $500 per tree |
| ISA arborist risk assessment (for Florida 163.045) | $150 – $400 |
| Arborist report for permit application | $250 – $800 |
| Mitigation / replanting fee (in lieu of planting) | $150 – $500+ per caliper inch |
| Small tree removal (under 30 ft) | $300 – $700 |
| Medium tree removal (30-60 ft) | $700 – $1,800 |
| Large tree removal (60+ ft) | $1,500 – $5,000+ |
| Stump grinding (additional) | $150 – $500 |
| Emergency storm damage removal | $500 – $3,000+ (premium pricing) |
These are permit fees only and don't include construction costs. Most cities calculate fees based on estimated project value.
The Permit Process: Step by Step
- 1 Identify the tree species and measure DBH
DBH (Diameter at Breast Height) is measured 4.5 feet above ground on the uphill side of the tree. Use a flexible tape measure around the circumference, then divide by pi (3.14) to get diameter. For multi-trunk trees, most cities require the sum of all trunk diameters. Knowing species matters too — oaks, heritage trees, and native species have special protections in many cities. If unsure, a certified arborist can identify species and measure accurately. - 2 Check your local tree ordinance
This is the most variable part of any permit project. Contact your city's Urban Forestry department, Parks department, or Planning department — NOT the building department. In Portland it's portland.gov/trees. In Atlanta it's the City Planning Department. In Los Angeles it's the Bureau of Engineering. If you can't find a tree ordinance, you're likely in a city that doesn't regulate private tree removal (Houston being the most notable example). - 3 Hire a certified arborist for assessment (if required)
ISA Certified Arborists are the professional standard for tree risk assessment. For Florida's 163.045 hazardous tree exemption, you MUST have a written assessment from an ISA-certified arborist or Florida-licensed landscape architect — no substitutes. In other jurisdictions, an arborist report strengthens your permit application for dead/dying/hazardous trees. Find a local ISA-certified arborist at treesaregood.org. - 4 Submit permit application
Applications typically include: property address, tree location on site plan, species, DBH, reason for removal, photos, and arborist assessment if applicable. Some jurisdictions require notification of adjacent property owners or posting a public notice. Portland requires public notice for trees 20 inches DBH or larger (Type B permit). - 5 Review and approval
Simple cases (dead, dying, hazardous): often approved in 1-5 business days. Contested cases (healthy trees, heritage species): may require hearings, appeals, or site visits by city arborist. Portland's Type B permits can take several weeks due to public notice periods. Atlanta's review process involves canopy replacement calculations that can take 2-4 weeks. - 6 Post permit and schedule removal
Permit card (if issued) must be posted visibly. Schedule with a licensed tree service — most cities require or recommend a licensed arborist or registered tree service for the actual removal, especially for large trees. Seattle requires removal contractors to be on the SDCI Tree Service Provider registry. - 7 Replanting / mitigation
Most cities require tree-for-tree replacement (one new tree planted per tree removed) or caliper-inch replacement (inches of replacement trees equal the inches of removed tree). Portland uses tree-for-tree for smaller removals and inch-for-inch for trees 20 inches+ DBH. Atlanta calculates canopy area replacement. Mitigation fees ($150-$500+ per caliper inch) are sometimes allowed in lieu of planting, paid into a city tree fund. - 8 Final inspection (if required)
Some jurisdictions require inspection after replanting to confirm replacement trees are correctly placed and the species matches the approved plan. Atlanta and Portland both require this for certain permit categories.
Documents You'll Need
- Site plan with tree location — A simple drawing showing your property, the tree's location, distance to house and property lines, and the intended replanting location (if required). Hand-drawn is usually acceptable for residential applications.
- ISA arborist assessment (Florida required; optional elsewhere) — Written report from an ISA-certified arborist or Florida-licensed landscape architect documenting the tree's condition, risk rating, and recommendation. For Florida's 163.045 exemption, the report must use ISA Best Management Practices for Tree Risk Assessment, 2nd Edition (2017).
- Photos of the tree — Clear photos showing the tree's condition, especially any damage, disease, or structural issues. Include multiple angles and close-ups of problem areas.
- Proof of ownership — Property deed or tax record showing the tree is on your property and that you have authority to request removal.
- Contractor's insurance (for approval in many cities) — The tree service contractor must typically provide proof of general liability insurance, workers comp, and (in some cities) tree service registration. Seattle requires registration on the SDCI Tree Service Provider list.
Common Mistakes to Avoid
Assuming it's your tree so you can remove it
This is the biggest misconception. In many cities with tree ordinances, you cannot freely remove trees on your own property if they exceed the DBH threshold or are a protected species. Atlanta, Portland, Seattle, San Francisco, and LA all have significant restrictions on private property tree removal. Penalties can reach $10,000+ per tree for unauthorized removal, plus mitigation requirements.
Not checking species protection
In Los Angeles and many California cities, native oaks, sycamores, and other specified species are protected regardless of diameter — you can't cut down even a small oak without a permit. Check your city's protected species list before planning removal.
Missing the Florida 163.045 documentation
The Florida statewide exemption only applies if you have proper documentation BEFORE removal. You must have a written assessment from an ISA-certified arborist (not just a tree service technician, not just a homeowner photo). The assessment must conclude the tree poses 'unacceptable risk.' Without this documentation, you're subject to all local tree ordinances.
Ignoring HOA rules
Even where city law permits removal, HOAs commonly have separate rules requiring architectural review approval. A permit from the city doesn't override HOA approval requirements. Get HOA approval BEFORE applying for a city permit to avoid wasted effort.
Hiring an unlicensed tree service
Tree work is dangerous and many cities require licensed, insured, registered tree service contractors. Unlicensed 'tree guys' dropping off flyers often lack insurance, which means if something goes wrong (property damage, injury, death), you're liable. Always verify license and insurance before hiring.
Starting work during a public notice period
In Portland, permits for trees 20 inches DBH or larger require public notice and opportunity to appeal. Starting work during or before the notice period will void the permit. Wait for the appeal period to expire before scheduling removal.
Not planning for stump removal
Tree removal quotes often don't include stump grinding. Stump removal adds $150-$500 to the project and is required in most jurisdictions if you plan to rebuild or replant in that location. Ask about stump grinding when getting quotes.
Forgetting the replanting requirement
In cities that require tree-for-tree replacement, you must plant the replacement tree(s) within the specified timeframe (often 6 months to 1 year) or pay mitigation fees. Failure to replant can result in fines and may be held against future permit applications.
HOA & Zoning Considerations
Building permits, zoning approval, and HOA approval are three separate processes. Depending on your situation, you may need all three before starting your tree removal project.
HOA (Homeowners Association)
If you live in an HOA community, check your CC&Rs before starting work:
- HOAs commonly require ARC approval before tree removal, especially front-yard and specimen trees
- Some HOAs have their own arborist or landscape committee that must review removals
- HOA approval is often required even in cities where city permits are not
- Emergency removal for hazardous trees may proceed without HOA approval, but retroactive notification is expected
- HOAs often require replanting with specific species
Zoning Requirements
Zoning rules are separate from building codes and apply even when no permit is required:
- Tree ordinances are separate from zoning but enforced similarly — by city code
- Protected species lists override size thresholds in many cities (oaks in LA, heritage trees in Atlanta)
- Historic districts may have additional tree protections
- Trees within the public right-of-way are managed by Public Works, not the building department
- Environmental overlay zones often have lower DBH thresholds for permit requirements
Key takeaway: A building permit means your construction meets safety codes. Zoning approval means it meets land-use rules. HOA approval means it meets your community's aesthetic standards. You may need all three — get them in this order: HOA first, then zoning, then building permit.
Required Inspections
Most jurisdictions require inspections at each stage of construction. Here's what to expect:
Site inspection (for contested permits)
When: Before permit issuance, for healthy trees or contested removals
Tree condition (alive/dying/dead), species identification, DBH measurement verification, condition assessment, property line location, and evaluation of whether removal is necessary versus alternatives like pruning or cabling.
Common failures: Inspector disagrees with homeowner's assessment that tree is dying or hazardous; identifies tree as protected species the homeowner didn't know about; notes that the tree is on the neighbor's property.
Post-removal replanting inspection
When: After the tree is removed and replacement tree is planted
Correct species planted per permit conditions, proper planting location, tree size meets minimum caliper requirements, proper staking and mulching, and confirmation of survival (some cities do a follow-up inspection 6-12 months later).
Common failures: Wrong species, undersized replacement tree, planted in wrong location, replacement tree dead or dying.
Pro Tips
Practical advice from people who've been through the process:
- For Florida homeowners: The 163.045 hazardous tree exemption is your most powerful tool. Any time a tree is dead, dying, or posing risk (leaning, root damage, disease), invest $200-$400 in an ISA-certified arborist assessment BEFORE calling the city. The assessment gives you statewide preemption over all local rules.
- DBH is measured at 4.5 feet above ground, not at the base. The base of a tree is usually much larger than the DBH. Measure correctly — a 14-inch trunk at the base may be only 10 inches at DBH.
- Multi-trunk trees: Most cities sum the diameters of all trunks above 6 inches (or similar threshold) when measuring DBH for permit purposes. A 3-trunk tree with 6-inch trunks counts as 18 inches total in many jurisdictions.
- Get multiple quotes from ISA-certified arborists (find them at treesaregood.org). Pricing varies widely — a $500 small tree for one company might be $1,200 from another.
- Schedule tree work outside of peak season if possible. Late fall and winter are often cheaper than spring/summer for most tree species (pruning time).
- Check for utility coordination. Trees near overhead power lines must have the utility company notified before removal. Many power companies offer FREE removal of trees threatening their lines.
- Storm damage creates a unique situation. Most cities allow emergency removal of hazardous portions without a prior permit, but require retroactive filing within a short window (Portland: 7 days). Document everything with photos.
- Replanting the same species usually satisfies mitigation requirements. If you're replacing an oak, plant an oak. Some cities require replacement species from an approved native species list.
- Tree service contractor insurance: always verify general liability ($1M minimum), workers comp, and auto insurance before work begins. Ask for a certificate of insurance naming you as additional insured.
- Keep records for 7+ years. If you sell your home, the buyer's inspector or appraiser may ask about past tree removals. A permit record and arborist reports demonstrate compliance.
Frequently Asked Questions
It depends entirely on your city. Houston has no tree ordinance — remove any tree freely. Portland requires a permit for any private tree 12 inches DBH or larger. Atlanta requires a permit for trees 6 inches DBH or larger. Los Angeles protects oaks and other native species regardless of size. Austin protects trees 19 inches DBH or larger. Florida (statewide) allows permit-free removal if you have an ISA arborist's hazardous tree assessment. Check with your city's Urban Forestry or Parks department.
Diameter at Breast Height — measured 4.5 feet above ground on the uphill side of the tree. This is the standard measurement used in tree ordinances. To measure: wrap a flexible tape around the trunk at 4.5 feet, get the circumference, and divide by 3.14 to get diameter. A 31-inch circumference equals approximately 10 inches DBH.
Most cities have a streamlined approval process for dead, dying, or hazardous trees. Typical requirement: written documentation from a certified arborist confirming the tree's condition. Florida has the strongest protection for homeowners: F.S. 163.045 allows permit-free removal statewide if an ISA-certified arborist documents the tree as posing 'unacceptable risk.' Other states require a permit but usually approve quickly.
Usually yes, with proper documentation. If the tree is leaning toward your house, has structural issues, has roots damaging your foundation, or is dead/dying, you almost always have grounds for removal. Get an ISA-certified arborist assessment — even in jurisdictions that don't require one, the assessment protects you legally and supports your permit application.
Permit fees range from $25-$500 per tree depending on the city. Portland and Seattle are typically under $200. Austin and LA can reach $300-$500. Atlanta's strict ordinance has higher fees plus mitigation costs. Remember: this is just the permit fee — the actual tree removal costs $300-$5,000+ separately. For Florida's statewide hazardous tree exemption, there's no permit fee (but you pay $150-$400 for the arborist assessment).
Most cities with tree ordinances require replanting. Common rules: tree-for-tree (one replacement per removal), caliper-inch replacement (inches of replacement trees equal removed tree's DBH), or mitigation fees ($150-$500+ per caliper inch) paid into a city tree fund. Portland uses tree-for-tree for smaller removals and inch-for-inch for trees 20 inches+ DBH. Atlanta calculates canopy area replacement. Florida's 163.045 exemption bypasses all mitigation requirements.
Yes, in many cases. HOAs commonly require architectural review approval for tree removal, especially for front-yard or specimen trees. Even where city law permits removal, HOA approval may still be required. Check your CC&Rs first. Note that HOA rules can't override city safety requirements — if a tree is imminently hazardous, emergency removal trumps HOA restrictions.
Some cities require licensed arborists or registered tree service contractors. Seattle requires registration on the SDCI Tree Service Provider list. Most cities allow any licensed, insured tree service. For DIY removal: legal in many jurisdictions for small trees on private property, but dangerous — more tree care injuries involve DIY homeowners than professionals. For anything over 20 feet tall or near structures, always hire a professional.
Street trees in the public right-of-way almost always require a permit, regardless of your city's private property rules. They're managed by Public Works, Parks, or Urban Forestry — not the building department. Even if the tree is 'in front of your house,' you don't own it if it's in the ROW. Removal requires specific approval and often has stricter mitigation requirements.
Penalties vary widely. In Atlanta, illegal removal can trigger fines of $10,000+ per tree plus mandatory mitigation. Portland fines are similar. San Francisco penalties can exceed $50,000 for heritage tree removal. Beyond fines, unauthorized removal can affect future permit applications and can create legal issues if the tree was on a shared property line. Always permit first.
Cities We Cover for Tree Removal Permits
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Sources
This guide references requirements from the International Residential Code (IRC), published by the International Code Council, as well as local municipal building codes. Individual city requirements may vary.