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

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

Key Facts

Heritage tree threshold
75-inch trunk circumference
Permit authority
Planning director
Review window
30 days, auto-approved if silent
Appeal deadline
90 days to board of adjustment
Max fine
$2,000 per violation

Summary

New Braunfels requires a city permit before removing any heritage or protected tree, with limited exceptions for single-family lots and hazard trees.

It shall be unlawful for any person or corporation to recklessly remove, or cause the removal of any protected or heritage tree without first submitting the appropriate application for a permit and securing approval in the form and manner specified by this chapter.

(ii) A tree removal permit is not needed if:

1. The protected or heritage tree(s) to be removed is located on property zoned or used for agricultural or single-family or two-family dwellings.

2. The protected or heritage tree(s) is diseased or sustained damage, which was not recklessly inflicted by the owner, his agents or employees, in the form of a broken trunk, broken limbs or uprooting, which creates a hazard to life or property.

3. The tree(s) to be removed is one of those listed in Appendix B.

4. The protected or heritage tree(s) to be removed is removed by a governmental agency in the scope of its authority.

(3) Tree removal permit approval authority and appeal.

(i) The planning director shall have the authority to approve a tree removal permit.

(ii) If a request to remove a protected or heritage tree(s) is denied by the planning and community development director, the applicant may appeal the denial to the zoning board of adjustment by filing written notice of such appeal, along with a nonrefundable fee per appendix D of this Code, with the city, within 90 days of the notice of denial. The hearing shall be conducted in compliance with the Texas Open Meetings Act.

(iii)

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 36).

Full Breakdown

The city defines a heritage tree as one with a trunk circumference of 75 inches or more (about 24 inches in diameter) measured 4.5 feet above ground, or half the state-record circumference for its species. Removing a protected or heritage tree without first getting a tree removal permit from the planning director is unlawful, unless the tree sits on agricultural, single-family, or two-family zoned property, is hazardously damaged, or is on the exempt species list. Denied applications can be appealed to the zoning board of adjustment within 90 days.

Violations & Fines

Violating the tree preservation section is a misdemeanor punishable by a fine up to $2,000; removing a tree without a required permit draws a separate fine set in Appendix D.

Frequently Asked Questions

Do I need a permit to remove a heritage tree on my house lot?
No: the permit requirement doesn't apply to property zoned or used for agricultural, single-family, or two-family dwellings.
What happens if a heritage tree is diseased or hazardous?
No permit is needed if the tree is diseased or damaged (not by the owner's own doing) and poses a hazard to life or property.
Can a denied removal permit be appealed?
Yes: file written notice with the required fee to the zoning board of adjustment within 90 days of the denial.

Sources & Official References

Other rules in New Braunfels

All New Braunfels rules

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