North Carolina Preemption of Local Tree Removal Ordinances

G.S. 160D-921 limits the authority of local governments to regulate the removal, replacement, or preservation of trees on private property. Cities and counties may only enact tree protection ordinances if the General Assembly has passed a local act granting that specific authority, or for trees within public rights-of-way and on public property. This preemption was reinforced by Session Law 2021-138. Local ordinances enacted without specific legislative authority are unenforceable against private property owners.

Because state law preempts most local tree removal regulation on private property, enforcement of unauthorized local ordinances may be challenged in court. Where authority exists via local act, fines vary by jurisdiction and ordinance terms.