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Middletown, OH Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

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

Key Facts

Governing section
Middletown Code § 1216.05
Protected size
Deciduous trees 6+ inches DBH
Applies in
BC (Business Center) District
First civil citation
$150
Repeat civil citation
$250
Enforcing office
Development Code Administrator

Summary

In the City of Middletown, Ohio, developers in the Business Center (BC) District must preserve deciduous trees six inches DBH or larger under Code § 1216.05. Removal is allowed only for specific exemptions, and preserved trees can be credited toward density and buffering requirements.

§ 1216.05 TREE PRESERVATION. ... (a) Site planning efforts must preserve natural vegetative areas, to the maximum extent possible through the placement of buildings, streets, and parking areas. (b) Tree preservation is required in the BC District as follows: (1) All deciduous trees measuring at least a six inches DBH shall be preserved unless such trees are exempted as follows: ... ... B. Trees within the building footprint of proposed structures or within 12 feet from the perimeter of such structures. ... (4) Trees designated to be preserved must be indicated on the plans submitted with the application by establishing tree preservation zones. The boundaries of the zone must be located at the drip line of the trees and marked clearly with fencing and signage. No construction activity, including grading, stacking materials, parking construction equipment or construction traffic is permitted within a tree preservation zone.

Full Breakdown

05 requires that, in the BC District, all deciduous trees measuring at least six inches in diameter at breast height (DBH) be preserved during site development unless they fall under one of five listed exemptions: trees within public rights-of-way, utility easements, or a temporary construction easement; trees within the building footprint of a proposed structure or within 12 feet of its perimeter; trees that are damaged, diseased, over mature, interfere with utility lines, or are an inappropriate or undesirable species for the location; trees removed for necessary drainage purposes; and trees within required vehicular use areas that cannot be preserved for use as required landscaping.

05(b)(2): a tree under six inches DBH counts as zero credited trees, six to eight inches counts as one, eight to twelve inches counts as two, twelve to eighteen inches counts as three, nineteen to twenty-four inches counts as four, and anything over twenty-five inches DBH counts as five trees, though credit toward buffering specifically requires the tree to sit within the required buffer area. Trees designated for preservation must be shown on the site plans submitted with the development application, and the Development Code Administrator requires that a tree preservation zone be marked at the tree's drip line with fencing and signage; no grading, material stacking, equipment parking, or construction traffic is permitted inside that zone once marked.

05(a) to preserve natural vegetative areas to the maximum extent possible through the placement of buildings, streets, and parking areas. Violations of the Development Code, including unauthorized removal inside a marked preservation zone, are processed under Chapter 1228, which allows civil citations of $150 for a first offense and $250 for each subsequent citation within three years, or criminal prosecution as a third-degree misdemeanor on a first offense and a second-degree misdemeanor on repeat offenses, with each day of a continuing violation treated as a separate offense.

Violations & Fines

The Development Code Administrator enforces tree preservation violations under Chapter 1228. A first civil citation carries a $150 penalty, rising to $250 for each subsequent citation within a three-year period; the Administrator may instead pursue criminal enforcement, which is a third-degree misdemeanor on the first offense and a second-degree misdemeanor on the second and later offenses. Each day a violation continues counts as a separate offense, and the City may also seek injunctive or abatement remedies to stop unauthorized removal inside a marked preservation zone.

Frequently Asked Questions

Can I remove any tree I want on BC District land in Middletown, Ohio?
No. Deciduous trees six inches DBH or larger must be preserved unless the tree qualifies for one of five listed exemptions in § 1216.05, such as being within 12 feet of a proposed structure's footprint, diseased or over mature, or removed for necessary drainage.
What is a tree preservation zone?
It is an area marked at a protected tree's drip line with fencing and signage on the approved site plan. Once marked, no grading, material stacking, equipment parking, or construction traffic is allowed inside it under § 1216.05(b)(4).
Do preserved trees help meet other landscaping requirements?
Yes. Section 1216.05(b)(2) credits preserved trees toward overall tree density on a sliding scale by DBH, and trees inside the required buffer area also count toward buffering requirements.
What happens if a developer removes a protected tree without an exemption?
The Development Code Administrator can issue a $150 civil citation for a first offense, rising to $250 for later citations within three years, or pursue criminal charges as a third-degree misdemeanor under Chapter 1228.

Sources & Official References

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