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Durham, NC Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Minimum sidewalk clearance
7 feet vertical
Notice period
Up to 30 days to correct
Deciding official
City manager
Governing sections
City Code §§ 26-219–26-236
Cost recovery
Civil penalty equal to correction cost

Summary

Owners of property bordering a Durham street must keep trees trimmed so limbs don't overhang a sidewalk or city right-of-way at less than seven feet of vertical clearance, block sight lines, or obscure traffic signs. The city manager can order corrections and recover costs as a civil penalty if an owner won't comply.

The owner or agent of the owner of any real property bordering on any street and upon whose property there are trees shall maintain those trees so that they do not interfere with or endanger the use of the public streets; interfere with or obstruct illumination of street lights; obscure sight distance or create a traffic hazard; interfere with the visibility of any traffic-control device or sign; obstruct or impair the free passage of pedestrians on sidewalks; project into or overhang city sidewalks or other city rights-of-way at a vertical clearance of less than seven feet; or endanger the life, health, safety or property of the public.

Source: Durham UDO Sec. 8.3 - Tree Protection and Tree CoverageView 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 36).

Full Breakdown

City Code § 26-221(a) places an affirmative duty on the owner or agent of any real property bordering a street where trees grow: the trees must be maintained so they do not interfere with or endanger use of the public streets, obstruct or interfere with illumination of street lights, obscure sight distance or create a traffic hazard, interfere with visibility of a traffic-control device or sign, obstruct or impair free passage of pedestrians on sidewalks, project into or overhang city sidewalks or rights-of-way at a vertical clearance of less than seven feet, or otherwise endanger the life, health, safety, or property of the public.

Under § 26-221(b), the city manager may declare any such obstruction a public nuisance, notify the owner or agent by certified mail, and allow up to 30 days to correct or remove it. If the owner does not act within that window, the city manager may enter the property to correct the condition according to the city's tree planting and maintenance specifications and standards. This clearance duty sits within the broader trees article, §§ 26-219 through 26-236, which the city council adopted to protect city trees and shrubs and to define when trees on private property become a public nuisance; it is separate from the general weeds-and-undergrowth nuisance provisions in §§ 26-180 through 26-192, which govern grass and brush height rather than tree limb clearance over public ways.

Violations & Fines

An owner who does not correct a declared nuisance within the city manager's notice period faces entry by city crews to prune or remove the obstruction, and § 26-221(c) makes the owner liable for a civil penalty based on the cost of correction, recoverable in a civil debt action if unpaid within 30 days of the city's demand.

Frequently Asked Questions

How much clearance do my trees need over a Durham sidewalk?
At least seven feet. Section 26-221(a) requires trees on property bordering a street to be trimmed so no limb overhangs a city sidewalk or right-of-way at a vertical clearance of less than seven feet.
Who decides if my tree is a nuisance?
The city manager, under § 26-221(b). If a tree obstructs streets, sidewalks, sight distance, traffic signs, or street light illumination, the manager can declare it a public nuisance, mail certified notice, and give up to 30 days to fix it before city crews step in.
What happens if I ignore the notice to trim my tree?
The city manager may enter the property and correct the condition, and § 26-221(c) makes you liable for a civil penalty equal to the cost of that correction, collectible as a civil debt if unpaid within 30 days of the city's demand.

Sources & Official References

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