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Montgomery, AL 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 Montgomery, 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

Permit required
To cut/remove/damage a city or required tree
Historic-district trees
>12 in. needs architectural review board OK
Removal grounds
Hazard, sight-distance, invasive species, disease/safety risk
Replacement rate
0.5 in. caliper per 1 in. DBH removed
Mitigation fee
$62.50 per DBH inch if no replacement
Max penalty
$500 fine and/or 6 months

Summary

Cutting, removing or damaging a city tree, or a private tree required by another city ordinance, is illegal in Montgomery without a permit from the urban forester. The city will only remove its own trees for specific reasons: hazard, sight-distance problems, invasive species, or a documented safety threat.

Break, injure, mutilate, burn, kill, remove, destroy, cut, top, girdle, or otherwise damage (including the root system) any city tree or private tree required by city ordinance, without first obtaining a permit from the city's urban forester. ... The tree is recognized by the state forestry commission as an exotic/invasive species. ... Mitigation fees shall be calculated at a rate of $62.50 for each DBH inch removed.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Section 12-165(a)(1) makes it unlawful to break, injure, mutilate, burn, kill, remove, destroy, cut, top, girdle or otherwise damage, including the root system of, any city tree or any private tree required by city ordinance, without first getting a permit from the urban forester. Trees larger than 12 inches at ground level in a designated historic district need separate sign-off from the architectural review board under Ordinance No. 28-2004. Hiring out pruning, cutting or removal work for profit anywhere in the city also requires its own permit from the forester under subsection (a)(9).

The city itself will not touch a tree on private property except by request, but it will remove a tree from public property under four conditions listed in Section 12-165(b): the tree is hazardous, meaning dead or with an imminent failure condition that would damage the public, public property or a utility; it creates a sight-distance problem at an intersection with no cost-effective fix short of removal; the state forestry commission recognizes it as an exotic or invasive species; or the urban forester finds its size, placement, species or disease risk adverse to public health, safety or welfare. 50 per DBH inch into the city's tree bank fund if replacement isn't practical.

Violations & Fines

Cutting, removing or damaging a protected tree without a permit is punishable under Section 12-166 by a fine of up to $500.00, imprisonment or hard labor for up to six months, or both, with the urban forester authorized to issue a stop-work order under Section 12-167 for an ongoing violation and the city attorney able to seek an injunction and recover attorney's fees.

Frequently Asked Questions

Can I remove a tree in my Montgomery right-of-way myself?
No. Section 12-165(a)(1) bans cutting, removing or damaging a city tree, one growing on public property or right-of-way, without first getting a permit from the urban forester, regardless of who owns the abutting private lot.
When will Montgomery remove a tree from public property?
Only for one of four reasons in Section 12-165(b): the tree is dead or hazardous, it blocks sight distance at an intersection with no cheaper fix, the state forestry commission calls it invasive, or the urban forester finds it a safety or disease risk.
What do I owe if a permitted tree removal isn't replaced?
A mitigation fee of $62.50 for every inch of DBH removed, paid into the city's tree bank fund under Section 12-165(f), which the urban forester can spend only on tree planting and maintenance.

Sources & Official References

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