Cary, NC Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Large champion tree
- 40"+ caliper (upperstory)
- Removal
- prohibited without approval
- Approval path
- Planning Director or ZBA
- Applies to
- development plan review
- Currency
- through Ord. 2025-CODE-02, 5-22-25
Summary
Cary's Land Development Ordinance bars removal of any designated 'champion tree' during development unless narrow, staff- or ZBA-approved criteria are met, protecting the town's largest and most significant trees.
No champion tree may be disturbed or removed except as specifically allowed by this Ordinance. Preserved champion trees and their associated tree protection areas must be shown on development plans and reuse/redevelopment plans as located in a buffer, streetscape, private open space, or other designated permanent tree protection area. In addition, champion trees permitted to be included on a residential lot must be shown on plans for the purpose of designating tree protection fencing during the development and prior to the certificate of occupancy for buildings/structures.
(3) Tree Survey Requirements A tree survey aids in the protection of trees by locating trees on a site before development plans are fully designed so modifications can be made to the plans to protect trees. A tree survey prepared by a licensed surveyor, engineer, or landscape architect is required with the submission of all development plans. Surveys shall have been reviewed and signed by a certified arborist to confirm tree species, especially understory champion trees. A tree survey is required for development plansand reuse/redevelopment plans that propose to disturb areas that contain or are within the critical root zone of champion trees or specimen and significant trees within required buffers, streetscapes, and floodplains. The survey shall, at a minimum, provide the following information:
(a) The number, caliper size, and location of either:
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).
Full Breakdown
Under LDO § 7.2.5, a 'champion tree', Cary's term for its largest and most significant trees, ranked as Large (40+ caliper inches upperstory or 15+ understory) or Small, cannot be disturbed or removed except as the Ordinance specifically allows, and preserved champion trees must be shown on development plans within a buffer, streetscape, or designated tree protection area. Removal requires either administrative approval from the Planning Director under narrow criteria (unavoidable infrastructure conflicts, grade issues, or arborist-documented decline) or Zoning Board of Adjustment review as a minor modification. Applies to development within the Town of Cary, Wake and Chatham Counties, North Carolina.
Violations & Fines
Unauthorized disturbance within a required tree protection area draws fines under LDO § 11.5.2(B)(2)(b) plus replanting requirements, on top of any Chapter 11 enforcement action.
Frequently Asked Questions
Can a developer in Cary, NC just remove a large old tree?
Does this protect trees on an existing single-family lot?
Sources & Official References
Other rules in Cary
Compare Cary to another location·View the North Carolina tree protection overview
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Heritage & Protected Trees in Nearby Cities
How other cities in Wake County handle heritage & protected trees.