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Beaufort County, SC Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Table listing
Table 5.11.100.C names Tree of Heaven, Ailanthus altissma
Governing rule
CDC § 5.11.100.G, invasive species removal standard
Small-tree threshold
Under 12 inches DBH removable without a permit
Permit trigger
12 inches DBH or more, buffer areas, § 7.2.50
No mitigation owed
Excluded from specimen/grand tree replanting requirements

Summary

Beaufort County's Community Development Code names Tree of Heaven (Ailanthus altissma) an invasive tree species in Table 5.11.100.C, exempting it from the county's specimen and grand tree protections; it can be cut permit-free under 12 inches DBH, with a removal permit generally needed at that size or larger.

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

Table 5.11.100.C: Invasive Tree Species... Tree of Heaven Ailanthus altissma... G.Invasive Tree Species. Native Lowcountry plant species should be protected from competition from invasive tree species. Invasive tree species are listed in Table 5.11.100.C.1.All invasive species less than 12 inches DBH may be removed without a tree removal permit.2.Removal of an invasive species 12 inches DBH or greater requires a tree removal permit, see Section 7.2.50 (Tree Removal Permit) except when located on a single-family developed lot outside of a required buffer.

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 55 Update 1 | Community Development Code: Supplement 16).

Full Breakdown

Table 5.11.100.C of the Community Development Code, part of the § 5.11.100 Tree Protection division, lists "Tree of Heaven" by its scientific name, "Ailanthus altissma," among the six species the county classifies as invasive tree species alongside Chinaberry, Chinese Tallow Tree, Mimosa, Paper Mulberry and Princess Tree. Section 5.11.100.G explains why the list exists: "Native Lowcountry plant species should be protected from competition from invasive tree species." Because Tree of Heaven appears on that table, it is expressly carved out of the definitions of both "specimen tree" under § 5.11.100.B and "grand tree" under § 5.11.100.F.1.a, so a large Ailanthus is not entitled to the DBH-based protections, mitigation replanting or Planning Commission review that apply to a live oak or longleaf pine of similar size.

Removal instead follows the size rule set for every listed invasive species: "All invasive species less than 12 inches DBH may be removed without a tree removal permit," while "removal of an invasive species 12 inches DBH or greater requires a tree removal permit, see Section 7.2.50 (Tree Removal Permit) except when located on a single-family developed lot outside of a required buffer." A homeowner with a fast-growing Tree of Heaven crowding a river buffer or resource protection zone at 12 inches DBH or larger still needs that permit even though the species carries no mitigation or replanting obligation once removal is approved.

Violations & Fines

Removing a Tree of Heaven at 12 inches DBH or larger from inside a required buffer or resource protection zone without the § 7.2.50 permit is a violation of Community Development Code § 9.2.30.H. Convictions carry the § 9.5.10 misdemeanor penalty, up to a $500.00 fine or 30 days' imprisonment, with each day of unpermitted removal or noncompliance charged as a separate offense.

Frequently Asked Questions

Is Tree of Heaven regulated the same as native trees in Beaufort County?
No. Table 5.11.100.C lists Tree of Heaven (Ailanthus altissma) as an invasive species, which excludes it from the specimen-tree and grand-tree definitions in § 5.11.100.B and § 5.11.100.F.1.a. That means it does not get the mitigation replanting or Planning Commission review a comparably sized live oak or magnolia would require.
Can I cut down a Tree of Heaven in my backyard without a permit?
If it is under 12 inches DBH, yes, under § 5.11.100.G. At 12 inches DBH or larger you need a § 7.2.50 tree removal permit unless the tree sits on a single-family developed lot outside a required buffer, in which case no permit is needed regardless of size.
Does removing a Tree of Heaven require replanting?
No. Because it is listed as an invasive species in Table 5.11.100.C, Tree of Heaven is excluded from the inch-for-inch replanting and reforestation-fee requirements that § 5.11.100.D imposes when a protected specimen or grand tree is cut down.

Sources & Official References

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