Albany, OR Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Designating body
- Parks, Recreation, and Tree Advisory Commission
- Owner consent
- Required for designation, from owner(s) of record
- Removal
- Needs the Commission's express consent
- Topping
- Unlawful for street, public, and heritage trees
- Permit appeal deadline
- 15 calendar days, in writing to the City Forester
- Tree protection fence
- Orange fence at least four feet tall around protected trees
Summary
In the City of Albany, Oregon, Albany Municipal Code § 7.98.120 lets the Parks, Recreation, and Tree Advisory Commission designate heritage trees with the owner's consent. A heritage tree stays designated unless it becomes dangerous and is removed as such, and it cannot be removed without the Commission's express consent.
The Parks, Recreation, and Tree Advisory Commission may designate certain trees as “heritage trees” within the City with the consent of the owner(s) of record. The purpose of the heritage tree designation is to recognize, foster appreciation of, and protect trees having significance to the community. The Parks, Recreation, and Tree Advisory Commission shall have the authority to determine, select, and identify such trees that qualify as heritage trees. Once a tree is designated as a heritage tree, it will remain so unless it becomes necessary to classify it as a dangerous tree and removed as such. Heritage trees may not be removed without the express consent of the Parks, Recreation, and Tree Advisory Commission.
Full Breakdown
In the City of Albany, Oregon, heritage tree protection sits in § 7.98.120 of Chapter 7.98, Tree Regulations. The Parks, Recreation, and Tree Advisory Commission can designate certain trees as heritage trees within the City, but only with the consent of the owner or owners of record. The stated purpose is to recognize, foster appreciation of, and protect trees having significance to the community. The Commission has the authority to determine, select, and identify which trees qualify. Once designated, a tree remains a heritage tree unless it becomes necessary to classify it as a dangerous tree and remove it as such, and heritage trees cannot be removed without the express consent of the Commission.
Other sections add protection. Section 7.98.090 makes it unlawful to top any heritage tree, defining topping as cutting back limbs to stubs larger than three inches in diameter within the crown to such a degree as to remove the normal top; storm-damaged trees or trees under utility wires can be exempted by the City Forester. Section 7.98.020 defines a significant tree to include any heritage, rare, threatened, or endangered tree of any size as designated under state or federal law, and any tree the Commission designates as significant by heritage parameters or size. The definition of removal reaches cutting down a tree, removing 40 percent or more of the crown, trunk, or root system, or damaging a tree so it declines or dies.
Permits back this up. Section 7.98.030 makes it unlawful to remove a tree of 6.5 feet in circumference or more, public or private, without applying for a permit, and § 7.98.040 requires a City Forester permit for removing individual trees of five and one-quarter feet in circumference or more, under the criteria in § 7.98.180. A person denied a permit or given conditions has 15 calendar days to file a written appeal with the City Forester, and the Commission reviews it (§ 7.98.210). Appeals of Commission decisions go to the City Council. During a protected tree's removal or a construction project, § 7.98.215 calls for an orange fence at least four feet tall, no closer than six feet from the trunk or within the drip line, whichever is greater.
Violations & Fines
Section 7.98.220 makes anyone who violates the code's rules on planting, pruning, trimming, or removal of trees strictly liable and punishable under Chapter 1.04, with no proof of specific criminal intent required. A violation that affects an individual tree is a separate offense. Chapter 1.04 sets a civil penalty of not more than $1,000 for a violation and, for a misdemeanor, a fine of not more than $2,500 or imprisonment not to exceed one year, or both.
Frequently Asked Questions
Who designates heritage trees in Albany, Oregon?
Can I remove a heritage tree on my Albany property?
Can I top a heritage tree in Albany?
How do I appeal a tree permit decision in Albany?
Sources & Official References
Other rules in Albany
Compare Albany to another location·View the Oregon tree protection overview
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