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Fayette County, GA 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 Fayette County, GA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Plan trigger
Preliminary plat, erosion plan, or site plan
Protection zone
Dripline or critical root zone, whichever larger
Fencing required
Marked before construction, inspected by county
Utility crossings
Must tunnel 24 inches under root zone
Plan review time
14 calendar days by environmental management
Max criminal penalty
$1,000 fine or 60 days jail

Summary

Any project in unincorporated Fayette County that needs a preliminary plat, an erosion and sedimentation plan, or a site plan also has to submit a tree protection plan before land clearing starts. Fayette County Code §§ 104-152(b) and 104-153(4) require fenced protection zones around every tree marked for retention throughout construction, enforced by the environmental management department.

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

(b)Applicability. ... This article shall apply to any activity that requires a preliminary plat, erosion, sedimentation, and pollution control plan or site plan as defined in article II of this chapter (except as otherwise exempted in the Zoning Ordinance). Residential subdivisions without common infrastructure are still required to submit a tree protection plan but are not required to submit tree density units. ... (4)Tree protection requirements.a.A tree protection area shall be maintained around all trees and stands of trees to be retained throughout the duration of construction by tree protection fencing.b.The tree protection area of stand-alone trees and stands of trees shall be marked with standard tree protection fencing (orange), chainlink fencing, stakes, and/or continuous engineering tape and "Tree Protection Area" signs. At least two "Tree Protection Area" signs shall be posted at each individual tree protection area.

Full Breakdown

Article VI of chapter 104 applies to any activity requiring a preliminary plat, an erosion, sedimentation and pollution control plan, or a site plan, with a short list of carve-outs: dead, diseased, or infested trees certified by the state forestry commission or an arborist, active orchards and tree nurseries, agricultural operations, commercial forestry and timber harvesting, and certain exempted public roads and utilities under section 104-266. Even a residential subdivision without common infrastructure that skips the site-density-unit math still has to file a tree protection plan under section 104-152(b).

Section 104-153(4) spells out what that protection looks like on the ground: a tree protection area, sized to either the tree's dripline or its critical root zone, whichever is larger, has to be fenced off with orange tree-protection fencing, chainlink, stakes, or engineering tape and marked with at least two Tree Protection Area signs before construction equipment moves in. The environmental management department inspects that fencing during the initial erosion-and-sediment-control inspection, and land disturbance during street construction is limited to the areas actually needed for right-of-way, drainage easements, erosion control, and utilities so everything else stays undisturbed.

Where a utility line has to cross a critical root zone, it must be tunneled at a depth of 24 inches rather than trenched. The tree protection plan itself has to be prepared by a licensed landscape architect, forester, certified arborist, or similarly licensed professional and reviewed by the environmental management department within 14 calendar days of submittal.

Violations & Fines

Damage inside a designated tree protection area, whether from equipment, grading, or an unmarked crossing, obligates the developer or builder to remove and replace the damaged tree and guarantee its survival under section 104-153(3)(g). Article VI's enforcement provision, section 104-155, lets the environmental management department issue a stop-work order, withhold a certificate of occupancy, suspend or revoke the permit, or cite the responsible party criminally for a fine up to $1,000 or up to 60 days in jail, per day of violation.

Frequently Asked Questions

Do I need a permit to remove trees for a project in Fayette County?
You need a tree protection plan, not a standalone removal permit, submitted alongside your preliminary plat, erosion and sedimentation plan, or site plan under section 104-152(b). Trees identified for retention have to stay fenced and protected under section 104-153(4) throughout construction.
What has to be done to protect trees during construction in Fayette County?
Section 104-153(4) requires a fenced tree protection area, sized to the tree's dripline or critical root zone, whichever is larger, marked with orange fencing or engineering tape and at least two Tree Protection Area signs, inspected by the environmental management department before grading starts.
What happens if a protected tree is damaged during construction?
The developer or builder has to remove and replace the damaged tree and guarantee its survival, and the environmental management department can issue a stop-work order or withhold the certificate of occupancy until that replacement obligation under section 104-153 is met.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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