Forsyth County, GA Invasive Plant Rules: Tree-of-Heaven Removal (2026)
Key Facts
- Species named
- Ailanthus altissima (tree-of-heaven)
- Governing section
- UDC § 21-12.5(B)(7)
- Where it applies
- Coal Mountain Overlay District only
- Plan certification required
- landscape architect, arborist, or forester
- Civil penalty
- up to $1,000 per day (§22-1.2)
- Criminal penalty
- up to $1,000 fine, 60 days jail
Summary
Ailanthus altissima, tree-of-heaven, is the first species named on Forsyth County's banned-plant list for the Coal Mountain Overlay District. UDC Sec. 21-12.5(B)(7) prohibits planting it anywhere within the overlay, alongside mimosa and 36 other invasive or nuisance species, as part of the district's mandatory landscape review.
(7) The following shall not be planted within the Coal Mountain Overlay District: Ailanthus altissima (tree-of-heaven) Albizia julibrissin (mimosa) Alternanthera philoxeroides (alligator weed) Cupressocyparis leyandii (leyland cypress) Eichhornia crassipes (water hyacinth)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43).
Full Breakdown
Forsyth County singles out Ailanthus altissima by its scientific name at the top of the 38-species prohibited planting list in Sec. 5(B)(7) of the Unified Development Code, the landscaping standards for the Coal Mountain Overlay District. The overlay covers properties shown on the county's Official Overlay District Map in the Coal Mountain community of northern Forsyth County, and the ban attaches to new development and substantial improvements reviewed there, layered on top of whatever base zoning district otherwise applies. Any landscape plan submitted for the overlay goes to the Planning and Community Development Department for design review under Sec.
4, and Sec. 5(B)(8) requires a registered landscape architect, certified arborist, or registered forester to certify at submittal that the plan meets the code's plant standards, plus a separate contractor certification that whatever gets installed matches the approved plan; both must be filed before the county signs off on the as-built plan or final plat. Tree-of-heaven is a fast-spreading, weak-wooded tree that resprouts aggressively from cut stumps and root fragments, which is why the county groups it with kudzu, princess tree, and mimosa rather than treating it as an ordinary landscape tree; nothing in this section authorizes removing existing tree-of-heaven outside the overlay's planting rules, so the prohibition is forward-looking, on new plantings, not a mandate to remove trees already growing on a lot.
Violations & Fines
Planting Ailanthus altissima in the Coal Mountain Overlay, or filing a landscape plan or certification that includes it, is a Unified Development Code violation enforceable under Chapter 22. The Board of Commissioners, director, or County Attorney can pursue a civil penalty of up to $1,000 per day per violation under Sec. 22-1.2, recovering attorney fees and litigation costs. The Sheriff's Office or Planning and Community Development Department can also summon a violator to Magistrate Court under Sec. 22-2.1 for a criminal fine up to $1,000, up to 60 days in jail, or both, and the county may seek an injunction under Sec. 22-1.1 to halt the planting or its continued presence under an approved plan.
Frequently Asked Questions
Is tree-of-heaven banned everywhere in Forsyth County?
Do I have to remove existing tree-of-heaven on my lot?
Who checks that a landscape plan avoids tree-of-heaven?
Sources & Official References
Other rules in Forsyth County
Compare Forsyth County to another location·View the Georgia invasive plant rules overview
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