Birmingham's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Birmingham, Alabama, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Weed Ordinances

Birmingham Code section 11-8-8(c) makes it unlawful to let weeds, shrubs, grass or other vegetable growth on an uncultivated lot exceed ten inches, and Alabama Code section 11-67-60 lets any municipality declare overgrown grass or weeds a public nuisance and abate it. The city's Environmental Code Enforcement Division enforces both through Birmingham's Environmental Court.

Key details: City Code Section: Birmingham Code § 11-8-8(c). City height limit: Over 10 inches prohibited. State Code Section: Code of Ala. 1975, § 11-67-60. City Division: Environmental Code Enforcement (PEP). Report Violations: Dial 311 / Birmingham 311 App.

Under Birmingham Code section 11-8-8(e), minimum fines are $100 (first offense), $250 (second offense), and $500 (third offense within 12 months) plus court costs, with each day a separate offense; uncut lots are abated by contractor and the cost assessed as a lien against the property. Charged owners are summoned to Environmental Court, held Wednesdays at 9 a.m. in Birmingham Municipal Court.

This is not one of those rules that cities tend to ignore. Birmingham actively enforces its weed ordinances requirements.

Tree Removal & Heritage Trees

Birmingham regulates tree removal on development sites through its zoning code. Private property trees generally do not require permits for removal outside of development contexts.

Key details: Private Property: Generally no permit outside development. Development Sites: Landscape plan may be required. City Trees: Approval needed for removal. Historic Districts: Additional protections may apply.

Development sites failing to meet landscaping requirements face zoning violations. Unauthorized removal of city trees results in fines.

Grass Height Limits

Birmingham Code section 11-8-8(c) prohibits weeds, shrubs, grass and other vegetable growth higher than ten inches on uncultivated lots, a stricter standard than the twelve-inch threshold Alabama Code section 11-67-60 sets for any municipality. The City's Code Enforcement Resource Guide also requires owners and occupants to keep yards free of 'vegetation overgrowth.'

Key details: City height limit: Over 10 inches (Birmingham Code § 11-8-8(c)). State baseline: Over 12 inches (Code of Ala. 1975, § 11-67-60). Duty: Owner/occupant must keep yard free of vegetation overgrowth. ROW Duty: Maintain from street centerline to middle of alley. First-offense fine: $100 minimum.

Section 11-8-8(e) sets minimum fines of $100 (first offense), $250 (second), and $500 (third within 12 months) plus court costs, with each day a separate offense. Uncorrected overgrowth is abated by City contractor at the owner's expense and prosecuted in Environmental Court (Wednesdays, 9 a.m.).

Compared to other cities, Birmingham takes a harder line on grass height limits. The enforcement and penalty structure reflects that.

Water Restrictions

Birmingham has no permanent municipal lawn-watering ordinance. Outdoor watering limits are set by the Birmingham Water Works Board through voluntary drought-stage advisories tied to reservoir conditions.

Key details: City Ordinance: None - no permanent municipal watering ban. Utility: Birmingham Water Works Board (independent). Stage 2 Hours: No watering 8 a.m.-8 p.m.; none Wed/Sat/Sun. New Lawn Exemption: First 30 days after installation.

Stage 1-2 measures are voluntary requests with no fine. At Stage 3 (Drought Warning), Birmingham Water Works may impose surcharges on excess usage. There is no municipal citation for routine lawn watering.

Birmingham is more permissive than most cities when it comes to water restrictions. That said, there are still limits.

Tree Trimming

Birmingham requires tree limbs and trimmings to be properly hauled away and not left in yards; work on public/street trees and tree-protection plans is governed by the City's zoning ordinance (Appendix D, updated 2024).

Key details: Code Chapter: Birmingham Code Title 6, Ch. 5 (Trees and Shrubs). Tree surgery defined: § 6-5-2 (cutting, trimming, pruning, removing). Tree protection: § 6-5-1 (public/ornamental trees). Debris Rule: Cuttings must be hauled to a city dump (§ 6-5-3). Public trees: Horticulture & Urban Forestry Division (311).

Unauthorized injury, destruction or removal of protected street, park or ornamental trees violates section 6-5-1; failing to haul waste cuttings (6-5-3) or file the daily report (6-5-4) is separately enforceable; tree limbs/trimmings left in a yard are an Environmental Code Enforcement violation. General penalty under Birmingham Code section 1-1-6 applies, plus state penalties under Code of Ala. 1975, section 9-13-21.

The Bottom Line

Birmingham is tougher than many cities when it comes to landscaping rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Birmingham, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Birmingham's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.