Decatur, AL Landscaping Rules: Tree Trimming (2026)
Key Facts
- Nuisance trigger
- Interferes with street, sidewalk, alley or traffic visibility
- Notice period
- 15 days to remove or trim
- Cost recovery
- Assessed against the property
- Enforcer
- Forestry program (Parks and Recreation, Community Development)
- Maximum penalty
- $500 fine, six months in jail, or both
- Appeal
- Written appeal to the tree board within 14 days
Summary
In the City of Decatur, Alabama, a tree, shrub or ground cover on private property that interferes with a public street, sidewalk or alley, or blocks traffic and sight lines, is declared a public nuisance. The city can trim it or order the owner to. An owner who ignores 15 days' notice is in violation, and the trimming cost is assessed against the property.
Any tree, shrub or ground cover, growing or standing on private property in such a manner that any portion thereof interferes with any public street, sidewalk, alley or restricts the flow of traffic or visibility of such street, traffic signs or visibility, sidewalk, alley or intersection thereof to or the use by any person or persons lawfully using such streets, sidewalks, alleys or intersections shall constitute a public nuisance. ... The city may remove or trim such tree, may permit any public utility to do so, or may require the property owner to remove or trim such tree on private property. The failure of the property owner, or his duly authorized agent, to remove such tree after fifteen (15) days' notice shall be deemed a violation of the provisions of this article, and the forestry program may then remove or trim such tree and assess the cost thereof against the property.
Full Breakdown
Decatur's urban forestry article, adopted by Ord. No. 23-4567 on September 18, 2023, handles overhanging and encroaching trees in two steps. Section 2-436 declares a public nuisance any tree, shrub or ground cover on private property that interferes with a public street, sidewalk or alley, restricts the flow of traffic, or cuts off visibility of a street, traffic sign, sidewalk, alley or intersection. Section 2-437 then gives the city three options: remove or trim the tree itself, allow a public utility to do it, or require the property owner to remove or trim it. The clock is 15 days. If the owner or the owner's authorized agent has not acted within 15 days of notice, the failure is a violation, and the forestry program can trim or remove the tree and assess the cost against the property. The forestry program is made up of Parks and Recreation and Community Development employees designated by the mayor.
The rule runs in one direction only. Section 2-424(b) bars owners whose property abuts city right-of-way from maintaining, caring for or pruning street trees inside the right-of-way, so a tree in the parkway strip is under city control even when its branches hang over your driveway. Removal and replacement of such a tree is allowed only under a permit, and only to the extent the permit authorizes. The code defines pruning to exclude topping, tipping, round-over and flush-cutting, and it counts those practices as damage. A business that prunes or trims city trees must hold a valid business license, carry $1,000,000 in liability insurance filed with the city clerk, and work under a qualified arborist (Sec. 2-433). Any action of the forestry program can be appealed to the tree board in writing within 14 days (Sec. 2-427).
Violations & Fines
Violating the article is a misdemeanor under Sec. 2-428, punishable by a fine of not more than $500, imprisonment in the city jail for up to six months, or both. A continuing violation counts as a separate offense for each day, and the violation is also a public nuisance that can be enjoined and abated. The violator pays repair and replacement costs, and unpaid costs become a lien against the property.
Frequently Asked Questions
Can I prune the city tree between my sidewalk and the street?
What happens if my yard tree hangs over a sidewalk?
Who hears a dispute over a forestry program decision?
Can any tree service trim a city tree?
Sources & Official References
Other rules in Decatur
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