Tree Removal Permit Rules: When You Need One

A 2026 Reality Check: Tree Removal Permit Rules

Short answer: Most cities require a tree removal permit once a trunk passes a set diameter, often 18 to 19 inches, or when the species is classified as heritage or protected. Skip a required permit and the consequences vary by city: Mobile, Alabama charges a $75 per tree fee just to comply, while Portland’s code allows civil penalties up to $1,000 per day, per tree, plus possible criminal charges ^[S4][S5].

Sources for this table: S1, S2, S3, S4, S5 in the Sources list below.

When you actually need a permit

Trunk diameter, measured at DBH (diameter at breast height, about 4.5 feet up), is the trigger most cities use. Austin requires a permit for any protected tree at 19 inches DBH or larger, and treats anything 24 inches or up as a heritage tree, where removal is prohibited outside a rare variance ^[S1]. Los Angeles sets the bar far lower for five native species: a coast live oak, valley oak, black walnut, western sycamore, or California bay at just 4 inches DBH counts as protected citywide, and removing one without a permit is a code violation the city’s Board of Public Works enforces under LAMC 46.00-46.06 ^[S2].

Not every city uses a flat diameter test. Seattle regulates private-property removal through a Tier 1 to Tier 4 classification under Seattle Municipal Code 25.11, with Tier 1 (heritage) and Tier 2 trees under the strictest limits, plus separate rules for the public right-of-way ^[S3].

Heritage and protected tree ordinances

Heritage and protected aren’t decoration, they’re legal categories with teeth. Mobile names live oaks specifically and drops its diameter trigger to 8 inches inside historic districts, versus 18 inches elsewhere ^[S5]. Austin’s heritage list runs wider: live oak, pecan, bald cypress, cedar elm, and eastern black walnut all qualify at 24 inches DBH, and removing one isn’t a normal permit, it’s a variance request the city rarely grants ^[S1].

The pattern holds nationally even where the species list changes: a heritage or protected designation exists to stop a mature, slow-to-replace tree from coming down over a weekend.

What happens if you skip the permit

Portland’s tree code spells out both a civil and a criminal track: a civil penalty of up to $1,000 per day, each tree its own violation, plus a criminal penalty of up to $1,000 and as much as six months in jail on conviction ^[S4]. Mobile charges a $75 per tree permit fee, capped at $225 residential or $675 commercial ^[S5]. Neither number tells you what your city charges; fees and penalties are set locally, so call before a crew shows up. That fee is separate from the removal cost itself; see our tree removal cost guide for what the work runs.

Beyond the fine, an unpermitted removal can trigger a mandatory replacement planting or a flagged violation on the property.

Exceptions: dead, hazardous, and emergency trees

Most ordinances carve out an exception for a tree that’s already dead, diseased, or an active hazard, since forcing a homeowner through a weeks-long variance process while a trunk is cracking helps nobody. Confirming that exception still means a phone call or a fast inspection, not a free pass. See our hazardous tree removal guide if unsure your tree qualifies. A root-threatens-foundation claim doesn’t automatically qualify either; see tree roots and foundations.

An emergency, like a tree already down on a structure, generally moves outside the permit conversation. Safety comes first, and most cities allow immediate removal with a follow-up filing afterward.

What’s safe to do yourself, and when to call a pro

Checking your tree’s trunk diameter and calling your city’s planning department is safe to do yourself, and it’s the right first move before you hire anyone. Actually cutting down a tree that needs a permit is a different question: a protected or heritage tree large enough to require one is also large enough that a bad cut can hurt someone or land on a structure. That job belongs to an ISA Certified Arborist or an insured crew, not a homeowner with a rented chainsaw.

A reputable pro will also tell you upfront whether your tree needs a permit, since pulling one is routine paperwork for a company that works in your city every week. See our guide to choosing a tree service for what to check before you sign anything.

Every pro in our directory has already been through how we track every pro, including proof of insurance.

Key takeaways

• Permit triggers are set locally: often 18 to 19 inches DBH for a standard tree, far lower (sometimes 4 to 8 inches) for a protected or heritage species ^[S1][S2][S5].
• Heritage and protected trees usually can’t be removed at all without a special variance, not just a standard permit ^[S1].
• Skipping a required permit can mean a per-tree fine, a per-day civil penalty, or in some cities, a criminal charge ^[S4].
• Most ordinances exempt dead, diseased, or hazardous trees, but confirming that exception is still usually a call to the city, not a free pass.
• A pro working regularly in your city already knows the local permit rule; ask before you assume you need, or don’t need, one.

Frequently asked questions

Do I need a permit to remove a tree on my own property?

It depends on your city and the tree’s size or species. Many cities exempt small, ordinary trees below a set trunk diameter, often around 18 to 19 inches DBH, but require a permit above that line or for any protected species ^[S1][S2]. Check with your city planning or public works department; the rule is set locally.

What is a heritage tree?

A heritage tree is a legal category, usually a large or old specimen of a specific species, that a city protects from routine removal. Austin sets its heritage threshold at 24 inches DBH for species like live oak and pecan, and removal generally requires a rare variance rather than a standard permit ^[S1]. Other cities use different species lists and diameter thresholds entirely.

What happens if you remove a tree without a permit?

Consequences vary widely by city. Portland’s code allows a civil penalty up to $1,000 per day per tree plus a criminal penalty up to $1,000 and six months in jail ^[S4]; Los Angeles treats it as a code violation enforced under LAMC 46.00-46.06 ^[S2]. Some cities also require a replacement tree or flag the violation against the property.

Are dead or hazardous trees exempt from permit requirements?

Usually, yes, though that word is doing real work in this sentence. Most ordinances allow faster removal of a dead, diseased, or genuinely hazardous tree, but confirming the exception often still means a call or inspection first. See our hazardous tree removal guide for what qualifies.

How much does a tree removal permit cost?

It depends entirely on the city. Mobile charges $75 per tree, capped at $225 residential ^[S5]. Portland’s permits have carried no standard fee under recent code updates, though violations still carry the penalties above ^[S4]. There’s no national number, so confirm the fee with your local planning department before budgeting for one.

Can an HOA or property manager get a tree removal permit approved faster?

Not usually faster, but the process can look different. Commercial and multi-unit properties are frequently held to their own rules, sometimes a lower diameter trigger, sometimes a requirement tied to an approved landscaping plan ^[S5]. See our commercial tree removal guide for the bid and documentation side of that process.

A permit rule that looks strict in one city can look almost nonexistent a few hundred miles away. Los Angeles protects a native oak at 4 inches DBH; Mobile’s historic district drops to 8 inches for a heritage live oak; Austin waits until 19 inches. Enforcement varies the same way: a flat fee, a per-day civil penalty, or an escalating code violation. Whether the office is a planning department, a public works department, or an urban forestry division depends on where you live, which is why checking your own city’s code beats assuming a neighbor’s rule applies.

How we built this guide

We pulled permit rules directly from city government sources rather than secondhand summaries, cross-checking each figure against the city’s own page. This guide cites 5 sources across five states, , reviewed by the CompareTreeServices editorial team. Ordinances change; confirm the current rule with your city before relying on any number here.

Whatever your city calls it, a tree removal permit exists to slow down decisions about trees significant enough to matter beyond one owner. Check your local code before you schedule anything, and keep the confirmation on file. That’s cheaper than finding out the hard way.

Sources

1. ^[S1] City Arborist, Tree Reviews and Permitting, City of Austin
2. ^[S2] Protected Trees and Shrubs Ordinance (LAMC 46.00-46.06), Los Angeles Fire Department
3. ^[S3] Tree Removal Permits (SMC 25.11, Tree Protection), Seattle Department of Construction and Inspections (https://www.seattle.gov/sdci/permits/permits-we-issue-(a-z)/tree-removal)
4. ^[S4] Chapter 11.70 Enforcement, Title 11 Trees, City of Portland
5. ^[S5] Tree Trimming / Removal Permits, City of Mobile