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Forsyth County, GA Invasive Plant Rules: Tree-of-Heaven Removal (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Forsyth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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)

View official code

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?
No, only within the Coal Mountain Overlay District, the mapped area in northern unincorporated Forsyth County where UDC Sec. 21-12.5(B) applies its landscaping and site design standards. Properties outside the overlay boundary aren't bound by this specific prohibited planting list.
Do I have to remove existing tree-of-heaven on my lot?
The code doesn't say so. Sec. 21-12.5(B)(7) bars planting the species as part of new development or substantial improvement landscaping in the overlay; it doesn't create a removal mandate for trees already established outside a landscape plan submitted for county review.
Who checks that a landscape plan avoids tree-of-heaven?
Forsyth County's Planning and Community Development Department reviews the plan under Sec. 21-12.4, and Sec. 21-12.5(B)(8) requires a landscape architect, certified arborist, or registered forester to certify compliance before the county approves the as-built plan or final plat.

Sources & Official References

Other rules in Forsyth County

All Forsyth County rules

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