Fulton County, GA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Scope
- Unincorporated Fulton County land-disturbance permits
- Adopted
- Ord. No. 14-0662, Sept. 3, 2014
- Who designates
- Director of planning/community services or agent
- Protected zone
- Critical root zone plus 3 feet
- Violation
- Immediate stop-work order, § 26-401(3)
- Enforcement
- County arborist and department, § 26-402
Summary
Fulton County's tree preservation ordinance singles out heritage trees for extra protection: Code § 26-398(32)(b) lets the director of the department, or an authorized agent, designate a tree 'heritage' for its age, size or historical association, and § 26-401 makes illegally removing a designated heritage tree a citable violation in unincorporated Fulton County.
(32)Tree:a.Tree: Any self-supporting woody perennial plant which has a trunk diameter of two inches or more measured at a point six inches above the ground level and which normally obtains a height of at least ten feet at maturity, usually with one main stem or trunk and many branches.b.Heritage tree: A tree which is designated upon approval by the director of the department or authorized agent(s) to be of notable historical value or interest because of its age, size or historical association.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
The designation lives inside Fulton County's tree preservation ordinance (Code §§ 26-396--26-405), which the Board of Commissioners rewrote in full by Ord. No. 14-0662 on September 3, 2014. Section 26-397(b) limits the ordinance's reach to activity that requires a land disturbance permit within unincorporated Fulton County, plus new single-family and duplex construction, additions, renovations and timber harvesting under subsections (c) and (d); it does not touch properties where no such permit is triggered, and Atlanta, Sandy Springs, Johns Creek, Milton and the county's other cities run their own tree codes.
Under the definitions in § 26-398(32), an ordinary 'tree' is any self-supporting woody perennial at least two inches in trunk diameter, measured six inches above grade, that reaches ten feet at maturity, while a 'heritage tree' is one the director of the department of planning and community services, or an authorized agent, designates as having notable historical value because of its age, size or historical association, a status distinct from a 'specimen tree' the county arborist designates for type, size or age. Heritage trees sit inside the ordinance's protected zone, which under § 26-398(22) includes the critical root zone plus three feet and any tree save area required by the zoning resolution or a permit condition.
An owner or developer who wants to remove a tree from a protected zone must document a hardship, such as an economic or zoning restriction, and get the director's approval before cutting, under § 26-400(a); the ordinance separately bars removing a specimen tree without the county arborist's written permission under § 26-400(c). The county arborist and the department jointly enforce the article, with authority to modify, revoke, suspend or void a land disturbance permit and to withhold certificates of occupancy under § 26-402.
Violations & Fines
Illegally removing or disturbing a heritage tree, specimen tree or stand of trees is a listed violation under § 26-401(3) that authorized county enforcement agents may cite with an immediate stop-work order. The department can also modify, revoke, suspend or void the land disturbance permit and withhold all permits, including certificates of occupancy and building permits, on the site under § 26-402(b) until the project complies with the ordinance and approved landscape plan.
Frequently Asked Questions
What makes a tree a 'heritage tree' in Fulton County?
Does this rule apply to my yard in Atlanta or Sandy Springs?
Can I remove a heritage tree from my lot?
What happens if I remove a protected tree without approval?
Sources & Official References
Other rules in Fulton County
Compare Fulton County to another location·View the Georgia tree protection overview
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