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Jefferson County, AL 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 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.

City-specific rules exist: Hoover, Birmingham, and Vestavia Hills have their own tree removal & heritage trees rules that differ from Jefferson County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

Source: Mountain Brook Tree OrdinanceView official code

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?
Yes, but only inside a required landscape area of an off-street parking development. A healthy existing tree at least four inches in caliper counts as one and one-half trees toward your planting quota once the Department of Development Services approves your preservation method: it isn't automatic credit.
Do I have to replace a credited tree if it later dies?
Yes. Section 1303 makes credited existing trees subject to the same maintenance and replacement requirements as newly planted trees, and the code separately requires dead or dying plants to be replaced during the following planting season.
Does this rule apply to cutting down a tree in my backyard?
No. This provision sits inside the off-street parking landscaping article and governs commercial, institutional and multifamily site plans reviewed by Development Services: it does not create a general residential tree-removal permit requirement.
What happens if landscaping including tree replacement isn't finished before I want to open?
You can post a cash deposit or surety equal to the installation cost plus 20 percent, guaranteeing the work, including any required tree replacement, within six months before Development Services will issue the Occupancy Permit.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

Compare Jefferson County to another location·View the Alabama landscaping rules overview

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