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Yellowstone County, MT Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

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

Key Facts

General removal permit
None required for private landowners
Who this covers
Only bonus-point tree preservation projects
Fence height
Minimum 4 feet, at tree drip line
Utility trenching depth
2 feet below roots, or tunnel
Replant deadline
9 months after clearing, if uncompleted
Extension available
6 months, zoning coordinator's discretion

Summary

Yellowstone County has no permit requirement for cutting down a tree on ordinary private land. Its only tree protection duty applies narrowly to developers who choose to claim landscape bonus points for preserved trees, and even then the real teeth is a nine-month deadline to start building or replant the cleared ground.

City-specific rules exist: Billings has its own tree removal & heritage trees rules that differ from Yellowstone County's county-level regulations. If you live in Billings, check the city-specific page instead.

A. GENERAL REQUIREMENTS If the developer and designer intend to acquire landscape or bonus points for retained trees and landscaping, then tree protection during construction shall conform to the requirements of this section and the requirements relevant to construction in the American National Standards Institute (ANSI) publication A300 standards. ... The fencing shall be rigidly supported and maintained during all construction periods at a minimum height of four feet above grade. ... G. TIME LIMIT FOR COMMENCING CONSTRUCTION AFTER CLEARING LAND Where land is cleared and construction does not begin within 9 months from the date of the zoning compliance permit issuance, the owner shall be required to replant or re-seed the cleared property to its original vegetative cover based on tree counts and other information originally submitted to the county. A six-month extension of this limit may be issued at the discretion of the zoning coordinator.

Full Breakdown

Section 27-1207.A limits the entire tree protection article to projects where "the developer and designer intend to acquire landscape or bonus points for retained trees and landscaping"; outside that opt-in bonus scheme, the zoning code sets no tree removal permit and no protected-tree list for private landowners. For a project that does seek the bonus credit, any tree banked for preservation must be ringed with a temporary fluorescent fence at the drip line before any grading begins, built and maintained at a minimum four feet above grade for the entire construction period, and marked so inspectors can identify it. Storage of equipment, materials, or soil is barred inside the fenced area, underground utility work must tunnel from both directions at least two feet below the root zone rather than trench through it, and grading cuts for foundations must stay outside the fence. The owner or developer, not the county, is responsible for building and maintaining that fencing, and it can only come down with the zoning coordinator's written permission or approval of the final landscaping inspection.

The one duty that reaches beyond the bonus-point paperwork is Section 27-1207.G: if land is cleared and construction does not begin within nine months of the zoning compliance permit's issuance, the owner must replant or re-seed the property back to its original vegetative cover, based on the tree counts and site information originally submitted to the county, unless the zoning coordinator grants a six-month extension.

Violations & Fines

Removing or damaging a fenced, bonus-credit tree during construction, storing materials inside the protection zone, or missing the nine-month replant deadline after clearing land can cost a project its landscape bonus points and trigger a stop-work order from the zoning coordinator until the site is brought back into compliance or the vegetative cover is restored.

Frequently Asked Questions

Do I need a county permit to cut down a tree on my property?
No. Unincorporated Yellowstone County has no general tree removal permit or protected-tree list. Section 27-1207's fencing and protection duties apply only to developers who opt into the zoning code's landscape bonus point program for preserved trees.
What if I clear my lot for a project and then don't build?
If you cleared land while pursuing landscape bonus points and construction hasn't started within nine months of your zoning compliance permit, Section 27-1207.G requires you to replant or re-seed back to the original vegetative cover, unless the zoning coordinator grants a six-month extension.
How close can utility trenching come to a protected tree?
Underground utility installation should avoid the fenced protection area altogether; where it's necessary, the code requires tunneling from both directions at least two feet below the tree's main root level rather than open trenching through the root zone.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

Compare Yellowstone County to another location·View the Montana landscaping rules overview

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