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Clayton County, GA Landscaping Rules: Native Plants (2026)

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

Key Facts

Governing section
Sec. 86-70, Tree Protection Ordinance
Native species
Highly recommended and preferred, not mandatory
Overstory standard
Mature height over 40 feet
Understory standard
Mature height under 30 feet
Max penalty
$1,000/day fine, up to 30 days jail
Enforcing agency
Dept. of Community Development

Summary

Clayton County's tree ordinance tells builders which species satisfy a tree-density permit, and it makes native species the preferred pick. Sec. 86-70 sets a countywide selection list of overstory and understory trees found in the Piedmont region, stating species diversity and native plantings are 'highly recommended and preferred' on any site subject to a land-disturbance or development permit.

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

The following list contains overstory and understory trees which are found in the Piedmont region and are recommended for use in meeting the tree requirements of this article. In selecting plant materials the standard for an overstory tree is that it attains a mature height in excess of 40 feet. An understory tree is one that does not reach 30 feet in height at maturity. The majority of the planting should be large canopy trees. Understory trees and ornamentals should be used as accents or in places with limited space for larger crown development. Species diversity and use of native plantings are highly recommended and preferred. Constraints of urban sites may limit the use of diverse and less-suited native trees; however, use of varied and native species should be practiced whenever possible.

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 104).

Full Breakdown

Clayton County's Tree Protection Ordinance (Code of Clayton County, GA, Chapter 86, Article II) requires any development or land-disturbance permit to satisfy a tree density unit (TDU) standard under Sec. 86-62, and Sec. 86-70 is the reference list the county arborist and Department of Community Development use to approve what gets planted to meet that standard. The list divides trees into overstory species, defined as reaching a mature height 'in excess of 40 feet,' and understory species, those that 'do not reach 30 feet in height at maturity,' and instructs that 'the majority of the planting should be large canopy trees' while understory trees and ornamentals are reserved for accents or tight spaces.

Native Piedmont species dominate the list, including red maple, southern sugar maple, flowering dogwood, sourwood and shagbark hickory, and the ordinance is explicit that 'species diversity and use of native plantings are highly recommended and preferred,' while acknowledging urban-site constraints can still justify a non-native selection. The list carries no fixed caliper requirement; the code instead points installers to the American Nursery Standards Institute and notes a root ball 'approximately 30 inch in diameter' for a 2 to 2 1/2 inch tree. Because Sec. 86-70 sits inside the same article as the county's enforcement and penalty sections, a permit holder who plants outside the approved list, or removes protected trees without replacing them consistent with the list, is subject to Sec.

86-65 enforcement (permit revocation, stop-work orders) and the Sec. 86-67 misdemeanor penalty. The ordinance took effect June 26, 2008, and the selection list was last updated by Ordinance No. 2017-42.

Violations & Fines

Sec. 86-67 makes any violation of the tree article a misdemeanor: a fine up to $1,000.00 per day, up to 30 days' incarceration per occurrence, plus mandatory tree replacement. The Department of Community Development can also revoke or suspend development and building permits, withhold a certificate of occupancy, or order a stop-work notice under Sec. 86-65 until the site's plantings comply with the approved list.

Frequently Asked Questions

Does Clayton County require me to plant native trees?
No. Sec. 86-70 of the county's Tree Protection Ordinance says species diversity and native plantings are 'highly recommended and preferred' when you're meeting a tree-density permit requirement, but it stops short of banning non-native species. The section acknowledges that 'constraints of urban sites may limit the use of diverse and less-suited native trees,' so a non-native pick from the approved list still satisfies the requirement.
What trees count as 'overstory' versus 'understory' under the list?
An overstory tree is one whose standard mature height exceeds 40 feet, such as red maple or shagbark hickory; an understory tree tops out under 30 feet, like flowering dogwood or redbud. Sec. 86-70 directs that most of a required planting be large canopy (overstory) trees, with understory species and ornamentals used only as accents or where crown space is limited.
What happens if I plant species that aren't on the county's list?
Community Development can reject the planting at inspection and require replacement with an approved species before signing off on the site. Because Sec. 86-70 sits within the same article as the penalty section, continuing to plant off-list trees on a permitted site can also trigger the Sec. 86-67 misdemeanor fine of up to $1,000 per day.

Sources & Official References

Other rules in Clayton County

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