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Elko County, NV Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

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

Key Facts

Clearing ban
Top soil, trees, shrubs and native cover before tentative map approval (§ 5-4-7(D))
Who imposes it
Board of County Commissioners
Added conditions
Planning Commission clearing restrictions at tentative plat approval (§ 5-4-7(B))
Live stream easement
No tree or bush removal (§ 5-4-5(C))
Street trees
Planted to Planning Commission requirements when required
Fine per offense
$25.00 to $500.00, or up to six months jail

Summary

In unincorporated Elko County, Nevada, § 5-4-7(D) prohibits clearing of top soil, trees and shrubs and other native cover before tentative map approval, a ban imposed by the Board of County Commissioners. Section 5-4-7(B) lets the Planning Commission add clearing restrictions to a tentative plat approval. Both rules sit in the subdivision regulations.

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(B) Restrictions on Land Clearing: At the time of the tentative plat approval, the Planning Commission may impose as a condition of such approval, restrictions on the making of improvements consisting of the clearing of brush and trees or of the moving of earth by mechanical equipment. Such restrictions may include a provision that no such improvements may be made for a given period of time. ... (D) Top Soil and Native Elements: Health, trees, rock outcrops and other native features shall be preserved whenever possible and must be protected during periods of construction. Clearing of top soil, trees and shrubs and other native cover prior to tentative map approval is prohibited by the Board of County Commissioners.

Full Breakdown

Elko County Code § 5-4-7 is the miscellaneous provisions section of the subdivision regulations, and two of its subsections control tree clearing. Subsection (D), Top Soil and Native Elements, says trees, rock outcrops and other native features must be preserved whenever possible and must be protected during periods of construction. It then states that clearing of top soil, trees and shrubs and other native cover prior to tentative map approval is prohibited by the Board of County Commissioners. The ban runs up to the tentative map approval, so a developer cannot strip a site first and ask later.

Subsection (B), Restrictions on Land Clearing, works at the approval stage. At the time of tentative plat approval, the Planning Commission can impose as a condition of approval restrictions on improvements consisting of the clearing of brush and trees or of the moving of earth by mechanical equipment. Those restrictions can include a provision that no such improvements are made for a given period of time. The condition rests on a determination by the Planning Commission that clearing would present a real danger of pollution, contamination or silting of lakes, rivers, streams or domestic water supplies, of erosion damage, or of alteration of natural drainage patterns in a manner likely to cause damage to property or persons.

Two related rules cover trees in specific places. Under § 5-4-7(F)(2), existing vegetation is preserved within any public way when such growths are suitably located and healthy, and when street trees are required they are planted in accordance with the requirements of the Planning Commission. Under § 5-4-5(C), the conservation easement along all live streams allows no tree or bush removal, gravel excavating, filling or sidecasting of materials within the area.

Because these provisions are in Title 5, they govern land developments under review, and the code text read here does not set up a separate protected tree permit for an individual lot. Elko, Carlin, Wells and West Wendover are incorporated cities with their own codes.

Violations & Fines

Section 5-1-4 applies to the subdivision title. Under subsection (B), a person is guilty of a separate offense for every day during any portion of which a violation of any provision of the Title, including any physical condition created in violation of it, is permitted, continued or committed. Section 5-1-4(A) sets punishment as a misdemeanor fine of not less than $25.00 nor more than $500.00, or up to six months in the county jail, or both.

Frequently Asked Questions

Can I clear trees before my subdivision map is approved?
No. Section 5-4-7(D) states that clearing of top soil, trees and shrubs and other native cover prior to tentative map approval is prohibited by the Board of County Commissioners in unincorporated Elko County, Nevada. Trees and other native features must also be protected during periods of construction.
Can the Planning Commission stop clearing after approval?
Section 5-4-7(B) lets the Planning Commission attach conditions at tentative plat approval, including a period during which no clearing of brush and trees or mechanical earth moving occurs. It acts on a determination of real danger of silting, erosion damage or harmful changes to natural drainage patterns.
Can trees be removed along a live stream?
Not inside the conservation easement. Section 5-4-5(C) requires a conservation easement along all live streams, with its width set by stream flow requirements, and allows no tree or bush removal, gravel excavating, filling or sidecasting of materials within the area.
Does Elko County have a permit for removing a single tree on my lot?
The tree provisions in the code text read are in the subdivision regulations, §§ 5-4-5 and 5-4-7, and apply to developments under review. They do not create a stand-alone protected tree permit. Elko, Carlin, Wells and West Wendover have their own separate codes.
Do street trees have to be planted?
When street trees are required, § 5-4-7(F)(2) says they are planted in accordance with the requirements of the Planning Commission. The same paragraph preserves existing vegetation within any public way when the growth is suitably located and healthy.

Sources & Official References

Other rules in Elko County

All Elko County rules

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