Albany, OR Landscaping Rules: Tree Removal & Heritage Trees (2026)

Albany Municipal Code Chapter 7.98 governs tree removal in the City of Albany, Linn County, Oregon, on public and private property alike. Section 7.98.040(2) requires a permit from the City Forester, applying the criteria in § 7.98.180, to remove individual trees equal to or greater than five and one-quarter feet in circumference on all property within the city limits. Section 7.98.030(6) separately makes it unlawful to remove any tree larger than or equal to 6.5 feet in circumference (approximately 25 inches in diameter) without an application and permit, unless a land use action or approval issued by the City authorizes the removal.

Section 7.98.180 is the test. Removal is approved when the City Forester, or a certified arborist without objection from the City Forester, determines the tree is hazardous, dangerous, or significantly impacted by aggressive pests or pathogens and no other viable option reasonably minimizes the risk; when an Oregon Department of Forestry logging permit has been submitted to the City Forester; when trees are overcrowded and the City Forester finds removal helps the site without compromising residual trees; or when removal is necessary under a building permit for an improvement that does not need site plan approval. A variance route exists when unique circumstances are stated in writing with the application and the Parks, Recreation, and Tree Advisory Commission approves. Listed examples are a tree causing significant negative impacts to improvements or personal property, personal health reasons such as severe allergic conditions, and an invasive tree with significant negative impact on surrounding vegetation.

The Parks and Recreation Director or designee approves or conditionally approves permits under § 7.98.170. Application fees are set by Council resolution under § 7.98.205, and a permit stays valid for 180 days. The City Forester can attach conditions under § 7.98.200, such as critical root zone protection, protective fencing, certified arborist oversight, and post-removal site cleanup. A denial or a conditional approval can be appealed by written notice to the City Forester received within 15 calendar days. Trees authorized for removal in a site plan review under the Albany Development Code need no additional permit.