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Cherokee County, GA Tree Protection: Heritage & Protected Trees (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Designating authority
Board of Commissioners, on Arborist recommendation
Nomination
Any person, with owner's written consent
Homeowner exemption
Does not cover heritage trees
Minimum fine for violation
$1,000, not less than
Replacement penalty
8x tree's density value

Summary

Cherokee County's Board of Commissioners designates individual heritage trees on the Arborist's recommendation, and the homeowner exemption that otherwise lets residents remove trees on their own lot never covers a tree once it carries that designation. Unauthorized removal or permanent damage triggers an immediate stop-work order, a fine of at least $1,000, and replacement planting at eight times the tree's density value.

These county ordinances apply to unincorporated areas of Cherokee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Heritage tree: Any tree which is determined by Cherokee County to be of unique and intrinsic value to the general public because of its size, age, historic association, unique species to the region, ecological value or any tree designated a Georgia State Champion, United States Champion or World Champion by the American Forestry Association (Refer to Appendix B)... Upon recommendation by the arborist, the board of commissioners may designate a tree as a heritage tree, provided the tree's health, aerial space, and open ground area for the root system have been certified by the arborist as sufficient. The Arborist shall maintain a registry of heritage trees. ... Unauthorized removal or permanent damage to any heritage tree: Immediate stop-work order, plus a fine of not less than 1,000.00, plus replacement planting at eight times the density unit value of the removed or damaged heritage tree as shown in Appendix C - Table A.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).

Full Breakdown

Sec. 3 of the Tree Preservation and Replacement Ordinance defines a heritage tree as one Cherokee County determines has unique value to the public because of its size, age, historic association, rare species or ecological value, or any tree already recognized as a Georgia, United States or World Champion by the American Forestry Association. Any person may nominate a tree, but the county needs the property owner's written consent before designating it, and the Board of Commissioners makes the designation only after the Arborist certifies the tree's health and root growing space are adequate; the Arborist then maintains a registry of designated heritage trees and notifies the owner in writing once a designation is approved.

The homeowner exemption in Sec. 3, which otherwise lets individual single-family and duplex owners remove trees on their own lot without a land disturbance permit, expressly does not apply once a tree is noted as heritage. Sec. 10-3 give heritage trees priority for preservation on development sites, with extra tree density credit for saving them and mandatory orange tree-save fencing during construction. Sec. 3 sets the penalty for violating that protection: an immediate stop-work order, a fine of not less than $1,000, and replacement planting at eight times the density unit value of the removed or damaged tree, calculated from the Appendix C, Table A density chart, on top of the general penalties authorized for any ordinance violation under Sec. 4-1.

Violations & Fines

Unauthorized removal or permanent damage to a designated heritage tree draws an immediate stop-work order under Sec. 27.4-1.1.3, a fine of not less than $1,000, and replacement planting at eight times the tree's density unit value from the Appendix C chart. The county Arborist enforces the ordinance, and the county marshal's office serves citations or pursues legal proceedings against the responsible party.

Frequently Asked Questions

Who decides which trees get heritage designation in Cherokee County?
The Board of Commissioners designates a heritage tree on the county Arborist's recommendation after the Arborist certifies the tree's health, canopy space and root area are sufficient, per Sec. 27.3. Any person can nominate a tree, but the county needs the property owner's written consent first.
I'm a homeowner removing trees on my own lot. Does that cover heritage trees too?
No. Sec. 27.6-1.3 exempts individual single-family and duplex homeowners from the land disturbance permit requirement when removing trees on their own lot, but that exemption specifically does not apply once a tree is noted as a designated heritage tree.
What is the penalty for cutting down a heritage tree without authorization?
Sec. 27.4-1.1.3 imposes an immediate stop-work order, a fine of not less than $1,000, and replacement planting at eight times the removed tree's density unit value, calculated from the Appendix C, Table A chart, in addition to the general penalties in Sec. 27.4-1.

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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