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

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

Key Facts

Protection status
Not protected; omitted from tree survey
Permit to remove
None required
Governing section
UDC Sec. 35-523(f)(1)C
Other exempt invasive trees
Chinaberry, Chinese Tallow, Salt Cedar, Ligustrum, Nandina, Paper Mulberry
Protected-tree permit-skip fee
At least $2,000 (Sec. 35-493(c))
Canopy targets (protected trees only)
38% residential, 25% nonresidential, 15% CRAG

Summary

San Antonio's Unified Development Code excludes Tree of Heaven (Ailanthus altissima) from tree preservation protection. Owners and developers may remove it without a tree permit, mitigation payment, or arborist variance, and it never counts toward the city's minimum final tree canopy requirements, unlike native significant and heritage species that trigger permitting and civil penalties up to $2,000.

C.Non-native Trees. Non-native invasive tree species are not protected and will be omitted from the tree survey. Non-native invasive tree species means the following tree species:i.Chinese Pistache (Pistacia chinesis);ii.Chinaberry (Melia azedarach);iii.Chinese Tallow (Sapium sebiferum);iv.Tree of Heaven (Ailanthus altissima);v.Salt Cedar (Tamerix species)...vii.Nandina (Nandina domestica);viii.Paper Mulberry (Broussonetia papyrifera).

Full Breakdown

Sec. 35-523(f)(1)C of the Unified Development Code designates eight "Non-native invasive tree species": Chinese Pistache, Chinaberry, Chinese Tallow, Tree of Heaven (Ailanthus altissima), Salt Cedar, Japanese Ligustrum, Nandina, and Paper Mulberry. These species "are not protected and will be omitted from the tree survey" that applicants must perform under the city's tree preservation program. That program otherwise requires identifying "significant" trees (six inches or greater DBH for most species) and "heritage" trees (24 inches or greater DBH) and preserving a minimum share of their diameter inches or canopy area, tied to minimum final tree canopy targets under Sec.

35-523(e) of 38 percent for single-family residential, 25 percent for multi-family and nonresidential, and 15 percent in CRAG areas. Because Tree of Heaven carries no protected designation, it can be cut down as part of routine site clearing, grading, platting, or building-permit review without a tree permit, without triggering the mitigation ratios in Table 523-2, and without a variance from the city arborist. " The tree preservation program is coordinated by the Department of Development Services and enforced by the city arborist under Sec. 35-493; civil penalties collected there fund the city's Tree Mitigation Fund, which pays for replacement plantings elsewhere.

None of that enforcement machinery reaches Tree of Heaven, since the species is affirmatively excluded from the survey and canopy calculations that generate those obligations in the first place.

Violations & Fines

Removing a Tree of Heaven carries no fine or permit requirement because Sec. 35-523(f)(1)C excludes it from the tree survey and preservation credit. Enforcement only attaches to protected trees: intentionally removing a significant or heritage tree without authorization is a violation under Sec. 35-493(a), and commencing any work that requires a tree permit before the permit issues draws a fee of at least $2,000 under Sec. 35-493(c).

Frequently Asked Questions

Do I need a permit to remove a Tree of Heaven in San Antonio?
No. UDC Sec. 35-523(f)(1)C classifies Tree of Heaven (Ailanthus altissima) as a non-native invasive tree species that "is not protected and will be omitted from the tree survey," so no tree permit, mitigation fee, or arborist variance is required to remove it, unlike native significant or heritage trees.
Does removing a Tree of Heaven count against my required tree canopy?
No. Because Tree of Heaven is excluded from the tree survey under Sec. 35-523(f)(1)C, it does not count toward the minimum final tree canopy percentages the UDC requires: 38 percent for single-family lots, 25 percent for multi-family and nonresidential sites, and 15 percent in CRAG areas.
What other trees does San Antonio treat the same way as Tree of Heaven?
Sec. 35-523(f)(1)C lists seven other non-native invasive species with no preservation protection: Chinese Pistache, Chinaberry, Chinese Tallow, Salt Cedar, Japanese Ligustrum, Nandina, and Paper Mulberry. All are omitted from the required tree survey and can be removed without a tree permit or mitigation obligation, the same as Tree of Heaven.
What happens if a protected tree is removed instead of a Tree of Heaven by mistake?
Sec. 35-493(a) makes it a violation to intentionally remove a protected significant or heritage tree without authorization, and Sec. 35-493(c) sets a fee of at least $2,000 for starting any tree-permit-required work before the permit issues, so correct species identification matters before cutting.

Sources & Official References

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