Tree removal permit rules in Charleston, WV — sometimes called heritage tree, protected tree, or street tree ordinances — list which trees require a permit before you can cut them down.
West Virginia Code §61-3-48 establishes statewide treble damages liability for unauthorized cutting, damaging, or removal of trees, timber, and growing plants from another person's land without written permission.
West Virginia uniformly applies a timber trespass statute under §61-3-48 (civil) and §61-3-48a (criminal) that holds anyone liable to a landowner for three times the stumpage value of trees, timber, or plants cut, damaged, or carried away without written permission. The statute applies statewide regardless of municipality. Boundary trees are co-owned as tenants in common under common law, so neighbors may not cut a shared tree without consent. A landowner may trim overhanging branches up to the property line so long as trimming does not kill the tree. Criminal penalties include misdemeanor or felony charges depending on value.
Civil treble damages plus costs and attorney fees; criminal misdemeanor or felony depending on timber value; restitution to landowner.
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