Wilmington, DE Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Wilmington, DE, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Replacement caliper
- 2 inches minimum
- Deadline
- Within 6 months of removal
- Stump handling
- Ground and removed
- City-removed trees
- At least 2 replacements planted
- Administering agency
- Dept. of Public Works
Summary
Remove a Wilmington street tree under a city permit and you must grind the stump, haul the wood, and plant a 2-inch-caliper replacement within six months.
(c)Replacement following lawful removal of a street tree by an adjoining or abutting owner with an appropriate city street tree permit. Whenever a street tree is lawfully removed by the owner as evidenced by an approved street tree permit, the stump must be ground and removed, the dead wood removed and a replacement tree having a minimum caliper of two inches planted within six months of removal.(d)Replacement following lawful removal by a utility with the appropriate city street tree permit. For each tree removed, one new tree having a minimum caliper of two inches shall be replaced in a location mutually agreeable to the city and the utility.(e)Replacement following unlawful removal, damage or destruction of a tree. For any public tree that is removed without a permit, replacement is required. Replacement trees shall be sufficient to replace the total diameter of the tree removed to the extent and so that the total cross-section of the tree so removed is replaced and maintained by the planting of such number of new trees as to total at the time of planting the diameter of the tree removed. (Ord. No. 10-073, § 2, 1-6-11)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Wilmington's tree ordinance (City Code ch. 46, art. II) makes replacement mandatory, not optional, whenever a street tree comes out. An owner who lawfully removes a street tree under an approved permit must grind and remove the stump, remove the dead wood, and plant a replacement tree with a minimum 2-inch caliper within six months of removal. When the city itself removes a public tree, it must plant at least two replacement trees of that same minimum caliper. Unpermitted removal triggers a diameter-for-diameter replacement formula instead, enforced by the department of public works with the urban forest administrator's sign-off on species and location.
Violations & Fines
Skipping the required stump grinding, wood removal, or replacement planting is enforced as a violation of City Code ch. 46, art. II by the department of public works and department of licenses and inspections, with penalties under § 46-36 (misdemeanor, fines of $100 to $1,000).
Frequently Asked Questions
Do I have to replace a street tree I remove myself?
What if the city removes the tree instead?
Sources & Official References
Other rules in Wilmington
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