Lexington, KY Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Lexington, KY, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Permit trigger
- Tree diameter over 3 inches, measured at 4.5 ft
- Permit issuer
- Division of environmental services
- As-of-right ground
- Tree is dead or dying
- Live-tree removal
- Only special circumstances (safety, disease, replacement)
- Max civil fine
- $2,500 per day (§ 17B-12)
- Appeal body
- Infrastructure hearing board (§ 17B-5)
Summary
No one may remove a street tree over 3 inches in diameter from Lexington-Fayette's right-of-way without a permit from the division of environmental services. Permits issue routinely for dead or dying trees but only in special circumstances for a live one, and the division can also order removal itself.
No person shall remove a tree larger than three (3) inches in diameter, measured at a point four and one-half (4½) feet above the ground within the urban county government right-of-way without obtaining a permit from the division of environmental services. The permit shall be granted provided the tree to be removed is dead or dying. The division of environmental services may issue permits for the removal of live trees only in special circumstances. Instances where a permit for the removal of a live tree may be issued include, but are not limited to, the following: The tree is a threat to the public safety; The tree is a threat to the health of other trees in the community; or The tree is to be replaced by a more desirable tree.
Full Breakdown
Section 17B-3 bars removing any tree larger than 3 inches in diameter, measured 4½ feet above the ground, from within the urban county government right-of-way without a permit from the division of environmental services. A permit is granted as of right when the tree is dead or dying. For a live tree, the division may issue a removal permit only in special circumstances, and the code lists examples rather than a closed list: the tree is a threat to public safety, the tree threatens the health of other trees in the community, or it's being replaced by a more desirable tree.
The division also has independent order authority, if it determines a street tree is hazardous (dead, diseased, or insect-infested to the point of threatening public safety or neighboring trees), it can order the property owner to remove the tree and its stump at the owner's expense, and it can likewise order removal of any street tree planted without a permit or in violation of permit conditions. 070 lets the urban county engineer remove trees from any publicly dedicated road right-of-way when they become a traffic hazard; if the engineer removes a tree under that state authority, the adjacent property owner still bears the cost of removing the stump.
Except where the hazardous-tree exception in subsection (e) applies, anyone who removes a right-of-way tree under this section must replace it per the planting standards in § 17B-2(b), though the division can waive replacement where it would be inappropriate.
Violations & Fines
Removal without a permit, or outside the terms of one, is enforced under § 17B-12 by civil citation from officers authorized under § 14-10, referred to the infrastructure hearing board under Chapter 2B. A notice of violation with a minimum 24-hour cure period normally comes first unless the harm is irreparable or a serious safety threat. The maximum civil fine is $2,500 per violation, with each continuing day a separate offense, and the urban county can additionally abate the condition itself and bill the responsible party, including a $150 administrative fee, with lien rights under KRS 65.8835.
Frequently Asked Questions
Can I cut down the street tree in front of my house whenever I want?
What if the tree is already dead or dying?
Can the urban county government force me to remove a tree?
What's the penalty for removing a street tree without a permit?
Sources & Official References
Other rules in Lexington
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