Under the Tree Canopy Protection Amendment Act of 2016 (DC Law 21-145), any tree 100+ inches in circumference (roughly 32 inches DBH) is designated a Heritage Tree and effectively cannot be removed from private property except when DOEE certifies it hazardous. The Act also banned topping, poisoning, or girdling protected trees. Unauthorized removal carries penalties equal to the tree's replacement value.
The Tree Canopy Protection Amendment Act of 2016 (DC Law 21-145) strengthened DC's tree protection scheme by creating the Heritage Tree category under DC Code section 8-651.01a. A Heritage Tree is any tree on private property with a circumference of 100 inches or more measured at 4.5 feet above grade — approximately 32 inches in diameter. Unlike Special Trees, which can be removed by permit with fees or replacements, Heritage Trees may only be removed when DOEE's arborist certifies them dead, hazardous, or substantially irreparably diseased. Topping, poisoning, girdling, or repeated over-pruning that kills a Heritage Tree is treated as unauthorized removal. Penalties include a civil fine equal to $300 per inch of circumference (so a 100-inch Heritage Tree carries a $30,000 fine floor) plus replacement with equivalent caliper trees. DOEE publishes a Heritage Tree Map and conducts surveys. Notable DC heritage trees include the Lincoln Oak (a white oak dating to before the Civil War), large beeches and tulip poplars in Rock Creek Park (NPS jurisdiction), and oaks in Ward 3. Construction on parcels with Heritage Trees must provide Critical Root Zone fencing during construction and avoid soil compaction. The DC Urban Forestry Advisory Committee advises on policy.
Unauthorized Heritage Tree removal: $300 per inch of circumference (minimum $30,000 for 100-inch tree) plus full replacement. Damage during construction: $10,000-$25,000 plus remediation and potential stop-work order. Repeat offenders: license sanctions for arborists and contractors.
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