Jefferson County, AL Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Jefferson County, AL, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Existing tree credit
- 1.5 trees per preserved tree
- Minimum caliper for credit
- 4 inches
- New shade tree minimum size
- 2-inch caliper at planting
- Dead/dying plant replacement
- next planting season
- Review authority
- Dept. of Development Services
- Surety in lieu of pre-occupancy planting
- cost plus 20%, 6-month term
Summary
Jefferson County's off-street parking landscaping code lets developers count an existing healthy tree toward planting requirements at one and one-half trees, but only if it is at least four inches in caliper and its preservation is approved by the Department of Development Services. Once credited, that tree carries the same maintenance and replacement duty as any newly planted tree under Zoning Section 1303.
Existing Trees: Preservation of each existing healthy tree of an approved species, within required landscape areas, shall count as one and one-half (1-1/2) trees toward fulfillment of these requirements. a) The existing tree to be preserved must be at least four (4) inches in caliper to receive credit. b) Methods for preserving existing trees shall be subject to review and approval by the Department of Development Services. c) Existing trees that are credited towards meeting the requirements of this Section shall be subject to the same maintenance and replacement requirements as newly planted trees. ... Dead and dying plants shall be replaced during the following planting season.
Full Breakdown
Section 1303 of the Jefferson County Zoning Regulations governs landscaping tied to off-street parking developments, and its 'Existing Trees' provision is the county's operative tree-replacement rule. A developer who preserves a healthy existing tree of an approved species inside a required landscape area receives credit toward the planting quota equal to one and one-half trees, but only if the trunk measures at least four inches in caliper, and only after the Department of Development Services reviews and approves the preservation method. That credit is not a free pass: once a tree is counted toward the landscape plan, whether newly planted or preserved, it is subject to the same maintenance and replacement requirements as newly planted trees.
Elsewhere in the same section, the code spells out what that duty means in practice, dead and dying plants must be replaced during the following planting season, and newly installed deciduous shade trees must start at a two-inch caliper, with small ornamentals at least six feet tall. Compliance is checked twice: once at site-plan certification before construction, and again before an Occupancy Permit is issued, when the Department confirms the approved Landscape Plan, including any credited existing trees and any required replacements, has actually been installed.
A developer who cannot finish planting before occupancy may instead post a cash deposit or surety equal to the installation cost plus 20 percent, guaranteeing completion within six months; unused funds are returned once the work, including any tree replacement, is done. Because this rule lives inside the parking-lot landscaping article, it applies to commercial, institutional and multifamily site plans reviewed by Development Services, not to routine tree removal on an ordinary single-family residential lot.
Violations & Fines
Failing to preserve, replace, or maintain credited and newly planted trees as required by the approved Landscape Plan blocks issuance of the Occupancy Permit until the deficiency is corrected. Where a cash deposit or surety secured the work, the Department of Development Services can draw on or forfeit those funds to complete the missing planting or replacement, crediting any balance back to the owner only after the landscaping, including dead or dying tree replacement, is verified complete.
Frequently Asked Questions
Can I skip planting new trees if I keep an existing one on my lot?
Do I have to replace a credited tree if it later dies?
Does this rule apply to cutting down a tree in my backyard?
What happens if landscaping including tree replacement isn't finished before I want to open?
Sources & Official References
Other rules in Jefferson County
Compare Jefferson County to another location·View the Alabama landscaping rules overview
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