San Antonio, TX Invasive Plant Rules: Tree-of-Heaven Removal (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?
Does removing a Tree of Heaven count against my required tree canopy?
What other trees does San Antonio treat the same way as Tree of Heaven?
What happens if a protected tree is removed instead of a Tree of Heaven by mistake?
Sources & Official References
Other rules in San Antonio
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