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Wilmington, NC Landscaping Rules: Tree Removal & Heritage Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Tree removal permit rules in Wilmington, NC, 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 before removing any tree, public or private
Application
Fee plus three sets of removal/retention plans
Scope
Covers entire site once issued for new construction
Emergency waiver
City manager may waive during declared disasters
Penalty
$400-$1,000 per tree removed without permit

Summary

No one may remove a tree from public or private property in Wilmington without a tree removal permit from the city manager first, under Sec. 18-471. The permit is a prerequisite for clearing, grading, sedimentation-control permits and building permits alike, and it must be posted at the job site alongside every other permit for as long as work continues.

No person, directly or indirectly, shall remove any tree from public or private property without first obtaining a tree removal permit from the city manager. A tree removal permit is required before any clearing; grading or other authorizations may be issued including soil and sedimentation control permits and building permits. An approved tree removal permit for new construction shall apply to the entire site. The tree removal permit and approved tree preservation plan shall be posted at the job site with other permits for the duration of work on the site. ... The city may withhold or withdraw any city-issued permits, certificates and other authorizations, including, but not limited to, building permits and certificates of occupancy, until a tree removal permit is obtained.

Source: Wilmington LDC Article 8 — Landscape and Tree ProtectionView official code

Full Breakdown

Sec. 18-471 makes the tree removal permit a gatekeeper for nearly every other approval on a site: a tree removal permit is required before any clearing, grading or other authorizations may be issued, including soil and sedimentation control permits and building permits. Once issued for new construction, the permit covers the entire site rather than tree-by-tree, and the approved tree preservation plan has to stay posted at the job site with the rest of the permits for the duration of the work. The city can withhold or withdraw any other city-issued permit, including certificates of occupancy, until the tree removal permit is in hand.

To apply, Sec. 18-472 requires the applicant to submit a fee set by the city's adopted fee schedule along with three sets of plans showing which trees will come down and which will be saved, and the applicant has to certify that whoever does the cutting knows the ANSI and OSHA standards for tree pruning and removal and carries insurance, or is getting help from an insured landscaping or arboriculture professional who does. The city manager grants a permit under Sec. 18-474 only where essential site improvements cannot be built without removing the tree, the tree is dead, diseased, or in danger of falling on a structure, it disrupts utilities or drainage in the right-of-way, it threatens pedestrian or vehicular safety, it violates a safety standard, or removing it benefits the health of adjacent trees or property. Sec. 18-473 lets the city manager waive the requirement during a declared emergency like a hurricane, or authorize immediate removal of a hazardous tree without a written permit.

Violations & Fines

Removing any tree, public or private, without the Sec. 18-471 permit draws the Article 8 civil penalty in Sec. 18-52(c): $400 per tree or $50 per inch DBH, whichever is greater, rising to $1,000 per tree or $100 per inch DBH if the removal happens after the city has already given notice of the requirement. Each tree removed counts as a separate offense, and the city can also withhold unrelated permits under Sec. 18-53 until the violation is corrected.

Frequently Asked Questions

Do I need a permit to take down a tree on my own property in Wilmington?
Yes. Sec. 18-471 requires a tree removal permit from the city manager before removing any tree from public or private property, and the permit must be secured before soil and sedimentation control permits or building permits can be issued. It applies citywide and covers the whole site once granted for new construction, not just individual trees.
What has to be submitted with a Wilmington tree removal permit application?
Sec. 18-472 requires the application fee set in the city's adopted fee schedule plus three sets of plans marking which trees will be removed and which will be saved. The applicant also has to confirm the person doing the work knows the ANSI and OSHA pruning and removal standards and carries insurance, or is using an insured arborist who does.
Can the city ever waive the tree removal permit requirement?
Yes, in two situations under Sec. 18-473. The city manager can waive it entirely during a declared emergency such as a hurricane, tornado or flood, and can authorize immediate removal without a written permit if a protected tree is hazardous enough to endanger public health, safety or welfare, or to disrupt public services.

Sources & Official References

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