Charlotte, NC Tree Protection: Heritage & Protected Trees (2026)

Section 20.14.A sets the applicability trigger: the heritage tree rules apply to development activity, including grading done in anticipation of development, within Charlotte's corporate limits and its extraterritorial jurisdiction (ETJ), whenever the activity involves new construction of a principal structure, a cumulative increase in built-upon area or building coverage equal to or greater than 5% or 1,000 square feet (whichever is less), or approval of a standard subdivision under Section 30.3.A or a minor subdivision under Section 30.3.D. Once one of those triggers is present, Section 20.14.B opens with a direct mandate: heritage trees shall be protected to the greatest extent possible.

That protection duty runs past the construction phase. Section 20.14.B.5 makes it the ongoing duty of the property owner to maintain, plant, and/or replace mitigation and heritage trees on private property as the section requires. Trees are to be allowed to grow to their natural height and form, pruning is allowed only where a tree work permit has been issued, and topping is flatly prohibited. Property owners are not held liable for pruning that a utility provider carries out on its own lines.

Where removal is unavoidable, Section 20.14.B.3 requires mitigation: one replacement tree planted on the property in addition to other trees the article already requires, plus a heritage tree mitigation payment set by City Council for every heritage tree removed (reduced or eliminated if extra trees are replanted), or preservation of a specimen large hardwood or softwood tree, which can satisfy the mitigation obligation for one heritage tree in place of a payment. Fees collected go into the tree-mitigation account established under Section 20.18.D.1.c.