Clayton County, GA Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Clayton County, GA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Permit trigger
- 6-inch DBH tree, or 3+ trees under 6 in.
- Residential exemption
- Up to 3 trees under 30in DBH/year
- Permit posting
- Within 24 hours of issuance
- Lost tree penalty
- 3x unit value replacement
- Specimen tree penalty
- 8x unit value replacement
- Fine
- Up to $1,000/day, 30 days jail
Summary
Removing a tree six inches or larger in diameter anywhere in unincorporated Clayton County requires a tree removal permit under the county's Tree Protection Ordinance. Homeowners get a narrow exemption for up to three smaller trees a year, but development sites, redevelopment, and any removal above that threshold trigger permitting, tree surveys, and replacement obligations under Code of Ordinances Sec. 86-60(a) and Sec. 86-61.
(a)Single-family residential. The removal of three or fewer under 30 inches diameter breast height on any single-family residential property, within a single calendar year, unless such action is subject to a building permit that would allow land disturbance. However, no homeowner can remove trees within two years from the issuance of the certificate of occupancy for a residence when such trees have been preserved or planted by the developer or builder in order to meet the tree density requirements of this article.
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 (Ch. 86, Art. II) applies to the removal of any tree with a diameter breast height of six inches or greater, or three or more trees under six inches, under Sec. 86-59(b)(6). Sec. ' Once issued, the permit must be posted within 24 hours. Sec. 86-60(a) carves out the ordinance's main residential exemption: 'The removal of three or fewer under 30 inches diameter breast height on any single-family residential property, within a single calendar year' is exempt, unless the removal is tied to a building permit allowing land disturbance, and a homeowner cannot remove trees within two years of a certificate of occupancy if those trees were planted or preserved by the builder to meet density requirements.
Other exemptions cover septic/drainage fields with board of health documentation, street rights-of-way within an approved subdivision, county-authorized road projects, Greenspace program trails, utility easements, active nurseries and orchards, and diseased or infested trees removed on the advice of a certified arborist or the state forestry commission, provided the removed trees are replaced with disease-resistant species. Land disturbance activity beyond the exemptions needs a development plan, a certified tree survey extending 25 feet past the right-of-way, and county arborist approval before work begins.
Violations & Fines
Sec. 86-67 makes any violation punishable by a fine of up to $1,000.00 per day or up to 30 days of incarceration per occurrence, and requires replacement on top of any fine. A tree removed in violation is designated a 'lost tree,' requiring replacement at three times its unit value or an equivalent tree bank fund payment; a specimen tree removed in violation carries an eight-times replacement penalty, and the administrator can issue a stop-work order and revoke permits.
Frequently Asked Questions
Do I need a permit to cut down a tree on my property in Clayton County?
What happens if I remove a tree without a permit?
Can I remove a diseased or dangerous tree without going through the whole permit process?
How big does a tree have to be before Clayton County regulates its removal?
Sources & Official References
Other rules in Clayton County
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