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Garland, 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, GDC § 4.55(R)(6)
Permit needed to remove
None
Mitigation owed
None, even in Lake Ray Hubbard Take Area
Reason for exemption
Listed as invasive to North Texas

Summary

Garland's Development Code names Tree-of-heaven, or Ailanthus, as an Unprotected Tree under Section 4.55(R). That classification removes it entirely from the City's tree-preservation and permit-authorization requirements, so a Tree-of-heaven can be removed from a development site without a Tree Management Plan, Tree Removal Authorization, mitigation, or replacement planting.

(R) "Unprotected Tree" means any of the following: (1) Callery pear (all cultivars). (2) Chinaberry. (3) Chinese Tallow. (4) Ilex species (except for yaupon holly and Possumhaw holly). (5) Palm (all plants in Palmae). (6) Tree-of-heaven or Ailanthus. (7) Eastern Red Cedar* (except where otherwise specified in Section 4.54.1(D)). (8) Other species listed as invasive.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4862189; v40 updated 2026-05-19).

Full Breakdown

55(R) of the Garland Development Code lists eight categories of Unprotected Tree, species specifically excluded from Article 4's tree-preservation and mitigation scheme: Callery pear (all cultivars), Chinaberry, Chinese Tallow, Ilex species other than yaupon and possumhaw holly, all palms, Tree-of-heaven or Ailanthus, Eastern Red Cedar, and any other species listed as invasive. 56, never needs a Tree Removal Authorization, and generates no mitigation or replacement-tree obligation under Table 4-9 when it is cut down. 1(F) reinforces this for the Lake Ray Hubbard "Take Area" specifically: all unprotected-list trees except Eastern Red Cedar are exempt from mitigation there, meaning a Tree-of-heaven removed even in that special area owes nothing.

55(H) defines "Invasive Plant" as one classified as invasive to the Garland region by the Texas Parks and Wildlife Department or the Texas Department of Agriculture, the same rationale behind excluding Callery pear and Chinese Tallow from protection.

Violations & Fines

There is no permit, mitigation, or civil penalty exposure for removing a Tree-of-heaven under Article 4, since it carries no protected status. Confusion arises only if a Tree Management Plan misidentifies a different, protected species as Ailanthus to avoid the Section 4.57(A) civil penalty of $250 per diameter inch; the City can require a certified-arborist survey to verify species identification before crediting any removal as unprotected.

Frequently Asked Questions

Can I remove a Tree-of-heaven in Garland without a permit?
Yes. Section 4.55(R)(6) of the Garland Development Code classifies Tree-of-heaven (Ailanthus) as an Unprotected Tree, so it falls outside Article 4's tree-preservation rules entirely: no Tree Management Plan, Tree Removal Authorization, or mitigation is required to take it down.
Why isn't Tree-of-heaven protected like other Garland trees?
It's recognized as invasive to the Garland region. Section 4.55(H) defines an invasive plant as one so classified by Texas Parks and Wildlife or the Texas Department of Agriculture, and Ailanthus is one of eight species or groups the code lists as unprotected for that reason.
Does removing a Tree-of-heaven require replacement planting?
No. Because it is unprotected, a Tree-of-heaven generates no entry on the Table 4-9 replacement schedule, and Section 4.54.1(F) confirms unprotected-list trees are exempt from mitigation even within the City's Lake Ray Hubbard Take Area.

Sources & Official References

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