Austin's 2010 Heritage Tree Ordinance (City Code Ch. 6-3) is one of the strictest in the United States. Trees of designated species 19+ inches in diameter are Heritage Trees and cannot be removed except for imminent hazard or where a tree prevents reasonable use of the property. Protected trees (8–18 inch DBH) require a removal permit.
Austin City Code Chapter 6-3, adopted in 2010, designates as Heritage Trees any of seven species – pecan, American elm, cedar elm, Texas ash, bald cypress, walnut, and oak (all native species) – measuring 19 inches in diameter or larger at 4.5 feet above grade. Heritage Trees cannot be removed except where: (1) the tree is dead, diseased, or an imminent hazard; (2) the tree prevents reasonable use of the property and there is no alternative site for the proposed development; or (3) the tree is part of an approved variance. Variance requests go to the Land Use Commission or Board of Adjustment after a public hearing. All other trees with 8–18 inch DBH are "Protected" and need a removal permit from the City Arborist. Mitigation under §25-8 requires replacement up to 100% of removed inches.
Unauthorized removal of a Heritage Tree carries administrative fines up to $20,000 per tree under Local Government Code §54.012 and Austin City Code §6-3-44, plus mandatory replacement up to 100% of trunk diameter. Cases may be referred for misdemeanor prosecution. Stop-work orders are routinely issued on adjacent construction. Repeat violators may be barred from city permits.
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See how Austin's heritage & protected trees rules stack up against other locations.
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