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Cincinnati, OH Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in Cincinnati, OH, 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
CMC § 743-7, Permits Required
Protection buffer
15 feet around any public tree
Permit review deadline
15 days, or deemed approved
Fee threshold
No fee up to $500 estimated cost
Fee rate above threshold
$1 per $100 over $500
Violation penalty
Fourth-degree misdemeanor
Scope
Public street trees only, not private trees

Summary

Cincinnati requires a permit from the director before anyone removes, damages, or works within 15 feet of a public tree: one growing on a public street. Removing a public tree without a permit also triggers a compensatory payment to the city equal to the tree's dollar value if no equivalent replacement is planted nearby.

Sec. 743-7. Permits Required: No person shall commence or proceed with any operation involving a public tree without first obtaining a permit from the director. Sec. 743-19. Protection of Public Trees: No person shall make any excavation, place any fill, compact the soil, or construct any building, structure, street, sidewalk, driveway, pavement, or public utility within 15 feet of any public tree without first obtaining a permit for such work from the director... Sec. 743-17. Compensatory Payments: No person shall remove any public tree without replacing such tree with a tree of equivalent dollar value in the vicinity of the removed tree... the person causing the tree to be removed shall make a compensatory payment to the city of Cincinnati equal to the difference in value between the tree removed and any replacement tree.

Source: Cincinnati Municipal CodeView 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 48 Update 4).

Full Breakdown

Cincinnati's urban forestry chapter, CMC Chapter 743, protects trees located on public streets, defined by § 743-1-P2 as any tree on a public street within the city, including parkways. 5 feet above ground, or at least 2 inches for a dogwood, redbud, or other flowering species the director designates. Under § 743-7, no person may commence or proceed with any operation involving a public tree without first obtaining a permit from the director. Section 743-19 extends that protection to construction near public trees: no excavation, fill, soil compaction, or construction of a building, structure, street, sidewalk, driveway, pavement, or public utility may occur within 15 feet of a public tree without a permit, and the director can require the work follow urban forestry regulations to protect the tree's vitality.

Applications, per § 743-9, must be filed by the property owner, agent, contractor, or utility, accompanied by the permit fee, and removal or planting applications must include plans showing the location, size, and species of existing and proposed trees. Section 743-13 requires the director to approve or deny an application within 15 days of filing, or it is deemed approved once fees are paid. Fees under § 743-11 are waived for work costing $500 or less, and cost $1 for every $100 above $500. If a removed public tree is not replaced with one of equivalent value nearby, § 743-17 requires the responsible party to pay the city the dollar difference in value, deposited into a fund restricted to urban forestry programs.

No permit is required under § 743-15 to remove a tree that is an emergency hazard from fire, windstorm, or other calamity, or that the director determines is extremely hazardous.

Violations & Fines

Section 743-21 separately bars damaging, cutting, carving, pruning, or removing a public tree, attaching anything to it, or applying pesticide or fertilizer to it without a director-issued permit. Any violation of Chapter 743, or failure to comply with a director's order, is a fourth-degree misdemeanor under § 743-99, and criminal penalties do not replace the compensatory payment or permit fee owed under § 743-17. Unresolved nuisance conditions can also lead the director to order pruning, treatment, or removal at the owner's expense after 14 days' notice under § 743-27, with a right to appeal to the urban forestry advisory board within 14 days under § 743-29.

Frequently Asked Questions

Do I need a permit to remove a tree in front of my Cincinnati home?
If the tree is a public tree, one growing on the public street area, including the tree lawn, yes, § 743-7 requires a permit from the director before any removal or other operation involving it. A tree on strictly private property is not covered by this chapter.
What size tree counts as a protected public tree?
Under § 743-1-T, a protected tree is any self-supporting woody plant with a stem at least 4 inches in diameter measured 4.5 feet above the ground, or at least 2 inches for a dogwood, redbud, or other flowering species the director designates, plus any seedling planted to become such a tree.
What happens if I remove a public tree without permission?
Under § 743-17, you must replace it with a tree of equivalent dollar value nearby or pay the city the difference in value as a compensatory payment, and under § 743-99 you also face a fourth-degree misdemeanor charge for violating the chapter.
Can I build near a public tree without a permit?
No. Section 743-19 bars excavating, filling, compacting soil, or building any structure, sidewalk, driveway, or utility within 15 feet of a public tree without first getting a permit from the director and following the required urban forestry protections.

Sources & Official References

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