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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Who may designate
City council, by motion
Owner consent
Application must be made or joined by owner
Review body
Historical/Archaeological Commission or Parks director
Denial cooldown
3 years before re-application
Violation penalty
Up to $500 fine

Summary

Houston City Council may designate a tree as historically or arboriculturally significant by motion, but only if the property owner applies; once designated, the tree becomes a protected tree under Chapter 33's removal and replacement rules.

(a)The city council may by motion designate a tree that:(1)Has historical significance arising from any historical event or events that are associated with the tree; or(2)Has arboricultural significance as listed on the county, state or national tree register by American Forests, the Texas Forest Service, the Park People or an equivalent arboricultural organization.(b)No tree shall be designated except upon application made or joined by the owner of the tree, which application shall be filed with the planning official...

Source: Houston Municipal Code Chapter 33 Article VI – Protection of Certain TreesView official code

Full Breakdown

Under Sec. 33-103 of the Code, Houston City Council may designate a tree as a heritage or landmark tree by motion if it has historical significance tied to a documented event, or arboricultural significance listed on a county, state or national tree register (American Forests, Texas Forest Service, Park People, or equivalent). Designation requires the tree owner to apply or join the application; a historical application goes to the Houston Archaeological and Historical Commission, an arboricultural one to the parks and recreation director, before city council votes. A denied application cannot be resubmitted for three years, and designation is recorded in the county's real property records.

Violations & Fines

Once designated, removing the tree without following Sec. 33-105's replacement and notice rules is a Code violation punishable by a fine up to $500 per Sec. 33-109.

Frequently Asked Questions

Can a homeowner designate their own tree as a heritage tree?
No: only city council can designate a tree, and it can only act on an application made or joined by the tree's owner, following review by the historical commission or parks director.
What happens once a tree is designated?
It becomes a 'protected tree' under Chapter 33, triggering Sec. 33-105's removal notice and replacement requirements, plus the article's general $500 penalty for violations.

Sources & Official References

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