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Charleston, WV Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

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.

Key Facts

Governing section
Sec. 50-178
Who pays
Property owner covers replacement
Permit needed
Yes, before removal (Sec. 50-176)
Max fine
$500 plus restitution

Summary

Remove a public tree in Charleston without a permit exemption and you must replace it at your own cost, meeting the city's size, species, and placement standards.

Except as provided in a permit, no person or property owner shall remove a public tree for the purpose of construction, or for any other reason, without replacing the removed tree or trees. Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the city. The person or property owner shall bear the cost of removal and replacement of all public trees so removed and replaced.(c)Whenever any tree shall be planted or transplanted on public property in conflict with the provisions of this ordinance, it shall be lawful for the city to remove or cause removal of the same, and the exact cost thereof may be assessed to and paid by the person responsible for the improper planting of such tree. (Bill No. 6974, § 28-52, 6-2-2003)

Source: Charleston Tree Code Ch. 40View 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 56).

Full Breakdown

Under Sec. 50-178 of the Charleston Code, anyone who removes a public tree for construction or any other reason must replace it unless a permit says otherwise, matching the replacement's size, species, and placement to the city's standards. The property owner pays for both the removal and the replacement. When the city itself removes public trees for sidewalk paving or street widening, it may replant or replace them if feasible, but it isn't required to. A public tree work permit from the director of public grounds is required first for any removal, per Sec. 50-176.

Violations & Fines

Misdemeanor: fine up to $500, up to 30 days imprisonment, or both, plus city-sought restitution for the destroyed tree (Sec. 50-183). The city can also seek an injunction against anyone destroying or damaging a public tree.

Frequently Asked Questions

Do I have to replace a public tree I remove in Charleston?
Yes. Sec. 50-178 requires replacing any removed public tree at your own expense, matching city size/species/placement standards, unless a permit provides otherwise.
What counts as a 'public tree' under this rule?
Any shade or ornamental tree growing on a street, public right-of-way, or other public property, per the article's definitions in Sec. 50-173.

Sources & Official References

Other rules in Charleston

All Charleston rules

Compare Charleston to another location·View the West Virginia landscaping rules overview

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