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Durham, NC Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in Durham, NC, 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 rule
UDO §§ 8.3.1–8.3.5, joint city-county ordinance
Major specimen tree
18in dbh evergreen, 12in hardwood, or 8in understory
Suburban residential minimum
20% preserved tree coverage per phase
Tree survey trigger
Grading within 30 feet of protected trees
Clear-cut penalty
3-5 year site plan denial
Exempt
Sites under 2 acres without mass grading

Summary

Durham-Durham County's joint Unified Development Ordinance requires new development in the Urban, Suburban, and most Compact Neighborhood tiers to preserve a set percentage of tree coverage, with credit incentives for saving "major specimen trees": evergreens 18 inches dbh or larger, hardwoods 12 inches or larger, and understory trees eight inches or larger. Once an area is designated preserved tree coverage on an approved site plan, it can't be disturbed except for narrow trail and utility exceptions.

Preserved tree coverage areas shall not be disturbed, except the following: Unpaved walking paths and foot trails constructed with minimal disturbance of tree roots and existing vegetation. No tree six inches dbh or greater shall be removed for the construction of the trail. ... All buildings, utilities, and stormwater facilities shall be set back at least 10 feet from the edge of any preserved tree coverage area. ... Specimen Tree, Major: Any evergreen canopy tree 18 inches dbh or greater, any deciduous canopy tree 12 inches dbh or greater and any understory tree (deciduous or evergreen) eight inches dbh or greater, except any tree listed as a nonnative invasive plant by the U.S. Forest Service or prohibited pursuant to the Landscape Manual for Durham, North Carolina, also referred to as the Landscape Manual.

Source: Durham Urban ForestryView official code

Full Breakdown

B); developments under two acres or that skip mass grading are exempt, as are additions to existing single-family homes. C depending on how much of that coverage is existing preservation versus replacement planting. 3 wherever grading comes within 30 feet of a preserved tree area, floodplain, steep slope, riparian buffer, or wetland, and it must plot the location, species, and size of every tree six inches dbh or larger nearby. 5's protection standards. D bars disturbing it outright, with only narrow carve-outs: unpaved trails that remove no tree six inches dbh or larger, small unpaved amenity areas under 200 square feet, and buildings, utilities, and stormwater facilities kept at least ten feet back from the coverage area's edge.

2, which requires a fenced tree protection zone (a six-foot radius, or one foot per inch of trunk diameter, whichever is bigger) posted with bilingual no-trespassing signs at 100-foot intervals. This is enforced through the site plan and land disturbance permit review, not through a separate tree-removal application.

Violations & Fines

Clear-cutting the mandatory perimeter buffers (32 feet along adjoining properties, 50 feet along public rights-of-way) triggers Section 8.3.4's penalty: the city must deny any site plan for the property for three years from the date of removal, or five years if the removal was a willful violation; Durham County applies the same three-year bar without the enhanced willful-violation term.

Frequently Asked Questions

Does Durham require a permit to remove a protected tree before building?
There's no separate 'tree removal permit' application: protection runs through the site plan and land disturbance review under UDO Section 8.3. Once a tract's tree survey identifies major specimen trees and preserved tree coverage areas on the approved plan, Section 8.3.1.D bars disturbing those areas except for narrow trail, amenity, and utility-setback exceptions, so removal outside those exceptions blocks plan approval.
What counts as a major specimen tree in Durham?
Section 17.3 defines it as any evergreen canopy tree at least 18 inches in diameter at breast height, any deciduous canopy tree at least 12 inches, or any understory tree at least eight inches, unless the species is a nonnative invasive listed by the U.S. Forest Service or barred by Durham's Landscape Manual. Saving one earns 1.5 times normal tree-coverage credit under Section 8.3.5.
Does this tree coverage rule apply outside Durham's city limits?
Yes. The Unified Development Ordinance is a joint instrument that Durham City-County Planning administers for both the city and unincorporated Durham County, and Section 8.3.1's applicability clause is written in terms of the UDO's Urban, Suburban, and Compact Neighborhood Tiers rather than city limits, so development anywhere those tiers apply is covered. The clear-cutting penalty in Section 8.3.4 even lists separate city and county versions.

Sources & Official References

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