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El Paso, TX Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in El Paso, TX, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Public tree damage
Unlawful to cut, carve, poison, injure
Utility clearance
No tall species within 10 ft of wires
Topping
Banned on public trees, limited exceptions
Private trees
Only dead/diseased trees regulated as nuisance
Appeal window
10 days to City Manager, then board
Penalty
Misdemeanor, fine up to $500 per day

Summary

Chapter 9.11 of El Paso's City Code makes it a misdemeanor to damage, cut, carve, poison or otherwise injure any tree on public property, and declares dead or diseased trees on private land a public nuisance the city can order removed. A city arborist administers the whole chapter under the Arboricultural Specifications Manual.

A.Purpose. The purpose of this chapter is to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees located on public property and to prohibit nuisances or hazards caused by trees located on private and public property within the limits of the City of El Paso... F.Trees located on public property.1.Destruction or damage of trees prohibited. It is unlawful for any person to intentionally damage, cut, carve, abuse, poison or otherwise harm or injure any tree located on public property. This section does not apply to persons authorized by the city who are taking actions necessary for the preservation and safety of the public or the proper care or maintenance of any tree in accordance with the Arboricultural Specifications Manual. The City of El Paso and its authorized agents, employees, and contractors shall have the authority to trim or remove any trees within public property.

Source: El Paso Code Ch. 9.11 Tree Care – MunicodeView official code

Full Breakdown

010) that covers both public and private trees. Its purpose clause commits the city to regulating the planting, maintenance and removal of trees on public property and to prohibiting nuisances or hazards from trees anywhere in the city, public or private. A city arborist administers the chapter, working with Parks and Recreation and the Department of Transportation under an Arboricultural Specifications Manual approved by the city manager. On public property, it's unlawful to intentionally damage, cut, carve, abuse, poison or otherwise harm or injure any tree, the only exception is city-authorized care and preservation work.

No tree species that grows taller than ten feet may be planted within ten feet of an overhead utility wire on public property, and topping public trees is banned outright except crown reduction after storm damage or where utility wires make ordinary pruning impractical. Private property is a narrower target: the chapter only reaches trees that are dead or carry a transmissible disease or insect infestation, which it declares a public nuisance. The city can inspect, then order the owner to remove a dead tree or treat/remove an infected one, immediately if hazardous, or within a minimum thirty days if not urgent, delivered by certified mail, hand delivery, or posting if the owner can't be found.

An owner has ten days to appeal to the City Manager, who refers it to a three-member appeal board (the city arborist, two city-manager-designated directors, and a non-voting Texas Forest Service member) that must hear the case within thirty days; the board's ruling is final unless appealed to district court within twenty days. If the owner never complies, the city can do the work itself and bill the owner, with civil suit available to collect the cost.

Violations & Fines

Damaging, cutting, carving, poisoning or otherwise injuring a public tree, or keeping a dead/diseased tree as a public nuisance after a city order, is a misdemeanor under § 9.11.010(H), fined as set out in §§ 1.08.010-1.08.030, up to $500, with each day the violation continues counted as a separate offense.

Frequently Asked Questions

Can I trim or remove a tree in the street right-of-way myself?
No. Section 9.11.010(F)(1) makes it unlawful to cut, carve, damage or otherwise injure any tree on public property; only the city and its authorized agents, employees or contractors may trim or remove trees there, under the Arboricultural Specifications Manual.
Does the city require a permit to remove a healthy tree in my own yard?
The tree care chapter doesn't reach healthy private trees at all, § 9.11.010(G) only lets the city order removal of a tree that is dead or has a transmissible disease or insect infestation and has become a public nuisance.
What if the city says my dead tree has to come down and I disagree?
You can appeal in writing to the City Manager within ten days of the city's order. The City Manager refers it to a three-member appeal board, the city arborist and two city directors, that must hear your case within thirty days, per § 9.11.010(G)(3).
What happens if I ignore the city's removal order?
The city can enter the property, remove or treat the tree itself, and bill you for the cost under § 9.11.010(G)(5); if you can't pay within thirty days you may arrange installments, and unpaid costs can be pursued through a civil suit by the city attorney.

Sources & Official References

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