San Antonio's Invasive Plant Rules: The Rules That Matter

If you live in San Antonio or are thinking about moving there, invasive plant rules are one of those things you probably won't think about until they affect you directly. San Antonio has 2 specific rules on the books covering different aspects of invasive plant rules, and some of them might surprise you.

Tree-of-Heaven Removal

San Antonio's Unified Development Code excludes Tree of Heaven (Ailanthus altissima) from tree preservation protection. Owners and developers may remove it without a tree permit, mitigation payment, or arborist variance, and it never counts toward the city's minimum final tree canopy requirements, unlike native significant and heritage species that trigger permitting and civil penalties up to $2,000.

Key details: Protection status: Not protected; omitted from tree survey. Permit to remove: None required. Governing section: UDC Sec. 35-523(f)(1)C. Other exempt invasive trees: Chinaberry, Chinese Tallow, Salt Cedar, Ligustrum, Nandina, Paper Mulberry. Protected-tree permit-skip fee: At least $2,000 (Sec. 35-493(c)).

Removing a Tree of Heaven carries no fine or permit requirement because Sec. 35-523(f)(1)C excludes it from the tree survey and preservation credit. Enforcement only attaches to protected trees: intentionally removing a significant or heritage tree without authorization is a violation under Sec. 35-493(a), and commencing any work that requires a tree permit before the permit issues draws a fee of at least $2,000 under Sec. 35-493(c).

If you are coming from a city with tighter rules, you will find San Antonio gives residents more flexibility on tree-of-heaven removal.

Prohibited Species

San Antonio names eight non-native invasive tree species, including Chinese tallow, tree of heaven and salt cedar, as unprotected under its tree preservation ordinance. Sec. 35-523(f)(1)(C) excludes them from the tree survey entirely, so owners can remove them without a tree permit, mitigation, or counting them toward preservation percentages required for other species.

Key details: Species listed: 8 (Chinese tallow, tree of heaven, salt cedar, etc.). Protection status: Not protected, omitted from tree survey. Permit required to remove: None. Counts toward preservation credit: No.

There is no permit, fee, or mitigation requirement tied to removing a listed invasive species, so no violation attaches to that removal alone. A property owner who miscounts an invasive tree toward a required preservation percentage, however, can have the tree survey rejected by the city arborist and the permit application returned for correction before any building or grading permit issues.

San Antonio is more permissive than most cities when it comes to prohibited species. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, San Antonio gives residents more room on invasive plant rules. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that San Antonio can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.