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Dallas, TX Invasive Plant Rules: Tree-of-Heaven Removal (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Classification
Unprotected tree species
Permit needed to remove
None
Replacement required
None
Listed alongside
Chinese tallow, Callery pear, chinaberry
Governing law
Dallas Development Code Sec. 51A-10.101(64)(G)

Summary

Dallas Development Code Sec. 51A-10.101(64)(G) lists tree-of-heaven, or Ailanthus, as an unprotected tree species, meaning it falls entirely outside the permit and mitigation rules that cover the city's protected trees. A property owner can cut down a tree-of-heaven of any size without a tree removal application, a building permit, or any replacement planting.

(64) UNPROTECTED TREE means the following:

(A) Arizona ash.

(B) Callery pear (all cultivars).

(C) Chinaberry.

(D) Chinese tallow.

(E) Ilex species (except for yaupon holly and Possumhaw holly).

(F) Palm (all plants in Palmae).

(G) Tree-of-heaven or Ailanthus.

(H) Other trees listed as invasive plants.

(I) Trees with a diameter of less than 10 inches at the point on the trunk 4.5 feet above the ground, located on a lot with an existing single family or duplex use that is occupied at the time of removal.

Source: Texas Invasives.orgView official code

Full Breakdown

Sec. 51A-10.101(64) defines 'unprotected tree' as a list of species the city has decided not to regulate under the tree preservation rules in Division 51A-10.130, and item (G) on that list is 'Tree-of-heaven or Ailanthus.' Because a tree-of-heaven never meets the Sec. 51A-10.101(48) definition of a protected tree regardless of its trunk diameter, none of the permitting steps in Sec. 51A-10.132, the removal-decision factors the building official weighs for protected trees, or the mitigation ratios in Sec. 51A-10.134 apply to it. The same list excludes seven other species groups for similar reasons, including Arizona ash, Callery pear, chinaberry, Chinese tallow, most Ilex species, all palms, and any other tree separately listed as an invasive plant under Sec. 51A-10.103.

Tree-of-heaven's presence on the unprotected list tracks its reputation as an aggressive, fast-spreading invasive species that outcompetes native trees and is difficult to eradicate once established, the same practical concern behind the ash and Chinese tallow listings. Removing a tree-of-heaven does not trigger the stop-work order authority in Sec. 51A-10.137 or the criminal fines in Sec. 51A-10.139, both of which apply only to protected trees removed without authorization. An owner does not need to file a tree survey or forest stand delineation under Sec. 51A-10.132(b) to account for a tree-of-heaven on the property, since it is excluded from the protected-tree inventory that survey exists to document.

Violations & Fines

There's no violation for removing a tree-of-heaven itself; it's unprotected under Sec. 51A-10.101(64)(G). But if removal work damages an adjacent protected tree, such as by compacting soil over its roots or cutting into its trunk with equipment, that collateral damage is treated as removing or seriously injuring a protected tree under Sec. 51A-10.101(49), and Sec. 51A-10.139's $2,000 minimum fine and mitigation duty attach to that protected tree instead.

Frequently Asked Questions

Do I need a permit to remove a tree-of-heaven in Dallas?
No. Sec. 51A-10.101(64)(G) lists tree-of-heaven, also called Ailanthus, as an unprotected tree, so it never triggers the tree removal application or building permit requirements in Sec. 51A-10.132 that apply to protected trees. You can remove one at any size without city review.
Why does Dallas treat tree-of-heaven differently from other trees?
Tree-of-heaven is a fast-spreading, aggressive species that the city groups with other unwanted trees, such as Chinese tallow and Callery pear, on the unprotected list in Sec. 51A-10.101(64). Excluding it from protection lets property owners clear it without going through the permit process built for desirable native and shade trees.
Does removing a tree-of-heaven ever require replacement planting?
No. The replacement ratios in Sec. 51A-10.134(c)(1)(B), which run from 0.4-to-1 up to 3-to-1 depending on tree class, only apply to protected trees. Because a tree-of-heaven is defined as unprotected, removing it creates no mitigation obligation under the tree ordinance.
Can removing a tree-of-heaven get me fined if it damages a neighbor's tree?
Yes, indirectly. If clearing a tree-of-heaven injures a nearby protected tree, for example by compacting its root zone with equipment, that harm counts as seriously injuring a protected tree under Sec. 51A-10.101(49), exposing the responsible party to the $2,000 minimum fine in Sec. 51A-10.139.

Sources & Official References

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