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Conroe, TX Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Heritage tree DBH threshold
28 inches or more
Alternate qualifying standard
Texas Big Tree Registry species
Canopy credit value
2,000 sq ft (highest tier)
Removal burden of proof
Applicant shows unnecessary hardship
Unlawful-clearing mitigation rate
2x normal rate

Summary

Conroe defines a heritage tree as a healthy tree of 28-inch diameter or more, or a Texas Big Tree Registry-qualifying native species, and gives it the strongest protection in the tree code: removing one from a previously cleared site requires proving preservation would cause unnecessary hardship.

Heritage tree means a healthy tree with a DBH of 28 inches or more; or of a species listed on the Texas Forest Service list of native and naturalized trees of Texas that has a circumference not less than two-thirds of the threshold circumference required for classification as a "big tree" as published in the Texas Big Tree Registry sponsored by Texas A&M Forest Service. ... Any heritage trees remaining on properties previously cleared must be assessed and, in order to receive approval for clearing permit proposing removal of the heritage tree, the applicant bears the burden of demonstrating that preservation or transplanting of the heritage tree will result in unnecessary hardship.

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 85).

Full Breakdown

Sec. 102-2 of the tree preservation chapter defines a heritage tree as 'a healthy tree with a DBH of 28 inches or more; or of a species listed on the Texas Forest Service list of native and naturalized trees of Texas that has a circumference not less than two-thirds of the threshold circumference required for classification as a big tree' under the Texas Big Tree Registry sponsored by Texas A&M Forest Service. Heritage trees receive the largest individual tree credit under the canopy-credit table in Sec.

102-16, worth 2,000 square feet versus a maximum of 1,200 square feet for any other protected tree. Under Sec. 102-11(c)(2), any heritage tree remaining on property that was previously cleared must be assessed before a clearing permit proposing its removal can be approved, and the applicant carries the burden of demonstrating that preserving or transplanting the heritage tree would cause unnecessary hardship, a higher bar than applies to ordinary protected trees. Heritage trees are also exempted from the location restrictions that otherwise apply to individual tree credits in commercial and residential developments under Sec.

102-16(b)(1)-(2), meaning a heritage tree can be counted toward canopy credit even inside a FEMA-regulated floodway or outside the normal distance bands other trees must meet. A protected tree generally, including a heritage tree, is one that is six inches or greater in DBH or was planted or preserved to satisfy this chapter, per Sec. 102-2.

Violations & Fines

Removing a heritage tree from previously cleared property without an approved clearing permit and the required hardship showing is treated as unlawful clearing under the tree preservation article. Any resulting canopy deficit caused by unlawful clearing must be mitigated at twice the normal replacement rate under Sec. 102-11(c)(3), in addition to any separate fines assessed for the violation.

Frequently Asked Questions

What makes a tree a 'heritage tree' in Conroe?
Under Sec. 102-2, a heritage tree is a healthy tree with a diameter at breast height of 28 inches or more, or a native/naturalized species meeting two-thirds of the circumference threshold for the Texas Big Tree Registry's 'big tree' classification.
Is it harder to remove a heritage tree than a regular protected tree in Conroe?
Yes. Sec. 102-11(c)(2) requires that any heritage tree left on previously cleared property be assessed before removal, and the applicant must prove that preserving or transplanting it would cause unnecessary hardship before a clearing permit can be approved.
Do heritage trees count more toward Conroe's canopy requirements?
Yes. Table I under Sec. 102-16 credits a heritage tree with 2,000 square feet of canopy, more than double the 1,200-square-foot maximum credit for any other individual protected tree, and heritage trees are not subject to the same floodway and distance restrictions other trees face for credit.

Sources & Official References

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