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Portsmouth, VA 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 Portsmouth, VA, 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 issuer
Director of Parks, Recreation and Leisure Services
Covers
Trees/shrubs on city-owned property only
Prohibited without permit
Prune, cut, remove, girdle, deface, root-injure
Penalty
Class 3 misdemeanor, Sec. 36-1
Root protection
4 sq ft open ground required at trunk
Related section
Sec. 25-99 covers park tree damage

Summary

Removing, pruning, cutting, or damaging any tree or shrub on city-owned property in Portsmouth requires a written permit from the director of parks, recreation and leisure services. City Code Sec. 36-28 bans cutting, girdling, defacing, or root-injuring a city tree without that permit, and violators face the class 3 misdemeanor penalty set in Sec. 36-1.

No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree or shrub located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree or shrub, and no person shall, without such a permit, injure, misuse or remove any device placed to protect such tree or shrub.

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 65).

Full Breakdown

Article II of Chapter 36 governs any city-owned street tree or park tree, not trees on private lots. Sec. 36-28 makes it unlawful to prune, spray, remove, destroy, cut, girdle, or deface any tree or shrub located on city property, or to injure it by root cutting, root exposure, or by applying any chemical or substance to the surrounding ground, without first securing a permit from the city's director of parks, recreation and leisure services (defined as "the director" in Sec. 36-26). The same permit requirement extends to protective devices: no one may injure, misuse, or remove any guard, stake, or other device placed around a tree without a permit.

A companion rule at Sec. 36-27 requires a separate permit before planting any tree or shrub on city property, and gives the director authority to trim, prune, or remove any tree or shrub planted without a permit, without having to notify the abutting property owner first. The article also bars impeding air and water to a tree's roots by requiring at least four square feet of open ground around the trunk (Sec. 36-31), requires builders to fence off nearby trees during construction (Sec. 36-33), and bars tying animals to a city tree in a way that could damage it (Sec.

36-34). None of these sections regulate trees on privately owned residential or commercial lots; the general code sets no citywide permit for removing a tree from private property. Applicants apply through the parks, recreation and leisure services department, which the ordinance leaves to set permit procedures administratively since Sec. 36-28 itself states no fee schedule.

Violations & Fines

Sec. 36-1 makes any Chapter 36 violation, including unpermitted removal, pruning, cutting, or damage to a city tree under Sec. 36-28, a class 3 misdemeanor, the penalty set out in Sec. 1-11. Damaging or removing trees inside a city park carries a separate cross-referenced penalty under Sec. 25-99, and the city manager may offer a reward for information in cases involving damage to city property under Sec. 2-167.

Frequently Asked Questions

Do I need a permit to remove a tree on my own property in Portsmouth?
No. Chapter 36, Article II only regulates trees and shrubs on city-owned property, such as street trees and park trees. Removing a tree from your own private lot is not covered by Sec. 36-28's permit requirement.
Who issues the permit to remove a city tree?
The director of the city's parks, recreation and leisure services department, defined as "the director" in Sec. 36-26, issues permits to plant, prune, spray, remove, or otherwise alter any tree or shrub located on city property under Sec. 36-27 and Sec. 36-28.
What happens if I cut down a city street tree without a permit?
You commit a class 3 misdemeanor under Sec. 36-1, the general penalty provision covering every violation of Chapter 36, Vegetation.
Does the permit requirement cover trimming as well as full removal?
Yes. Sec. 36-28 bars pruning, spraying, cutting, girdling, defacing, or otherwise injuring a city tree without a permit, in addition to full removal, so routine trimming of a city-owned tree needs the same sign-off from the director.

Sources & Official References

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