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Raleigh, NC Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Heritage shade tree size
24 inches DBH or larger
Heritage understory tree size
12 inches DBH or larger
Credit toward requirement
Double-credited critical root zone
Condition rating required
ISA-certified arborist rates 'Good' or higher
Verified by
Parks and Cultural Resources Director

Summary

A heritage tree, a single-trunk shade tree 24 inches DBH or larger, or an understory tree 12 inches DBH or larger, can be established as an optional tree conservation area under UDO Sec. 9.1.4.E. Its critical root zone earns double credit toward a project's tree conservation requirement, but only if the tree is healthy and its root zone is fully protected on or off site.

Heritage Trees A heritage tree and its critical root zone may be established as an optional tree conservation area after establishment of primary tree conservation areas. The area of critical root zone for a heritage tree conservation area shall be double credited toward the tree conservation requirement only when all of the following conditions are met. The critical root zone shall be protected in entirety by, either being entirely on the developing property or the property owner shall obtain a landscape easement that prohibits all tree disturbing activity for the portion of the critical root zone on an adjacent property... The condition of the heritage tree shall be a rating of "Good" or higher as determined by an arborist certified by the International Society of Arboriculture using the Guide for Plant Appraisal, latest edition... and verified by the Parks and Cultural Resources Director. [Art. 12.2] Heritage Tree: A single-trunk shade tree that is 24 inches DBH or larger, or a single-trunk understory tree that is 12 inches DBH or larger that is not unhealthy and not a hazardous tree.

Source: Raleigh UDO Art. 9.1 — Tree ConservationView official code

Full Breakdown

2 defines a heritage tree as a single-trunk shade tree that is 24 inches DBH or larger, or a single-trunk understory tree that is 12 inches DBH or larger, that is not unhealthy and not a hazardous tree. Sec. E lets a developer establish a heritage tree and its critical root zone as an optional tree conservation area after all primary tree conservation areas required by Sec. A have already been set aside. The area doesn't just count toward the requirement: its critical root zone is double credited, but only if every one of several conditions is met.

The critical root zone must be protected in its entirety, either because it sits entirely on the developing property or because the owner has recorded a landscape easement over the adjoining parcel that bars all tree disturbing activity there; a critical root zone already counted inside another tree conservation area cannot also earn heritage double credit. The tree's condition must be rated 'Good' or higher by an arborist certified by the International Society of Arboriculture, using the ISA's Guide for Plant Appraisal, and that rating must be verified by the City's Parks and Cultural Resources Director.

A tree-condition report on a City evaluation form must be submitted to the Director, and a certified arborist must prepare an active tree preservation plan that the Director approves and the developer implements under the arborist's supervision during construction.

Violations & Fines

Because a heritage tree credited under Sec. 9.1.4.E becomes part of a recorded tree conservation area, disturbing it without a permit carries the same Sec. 9.1.7 civil penalty as any other unlawful tree disturbing activity: a minimum $1,000 for the first tree plus 35 cents per square foot, or $1,000 plus $100 per diameter inch where the trunk or stump remains. Losing the required ISA 'Good' condition rating or failing to implement the approved preservation plan can also void the double credit, forcing the developer to find substitute conservation area elsewhere on the site.

Frequently Asked Questions

What size does a tree have to be to qualify as a Raleigh heritage tree?
UDO Article 12.2 sets the threshold at 24 inches DBH or larger for a single-trunk shade tree, or 12 inches DBH or larger for a single-trunk understory tree, provided the tree isn't unhealthy or hazardous. Meeting the size alone isn't enough. Sec. 9.1.4.E also requires an ISA-certified arborist to rate the tree's condition 'Good' or higher before it can earn heritage credit.
Why would a developer bother designating a heritage tree?
Sec. 9.1.4.E double-credits the critical root zone of a qualifying heritage tree toward the site's mandatory tree conservation area, so preserving one large healthy tree can satisfy more of the requirement than preserving an equivalent area of smaller trees. In exchange, the developer must fully protect the root zone and implement an arborist-supervised preservation plan approved by the Parks and Cultural Resources Director.
Can a heritage tree's root zone straddle a neighboring lot?
Yes, but only if the property owner records a landscape easement on the adjoining land that prohibits all tree disturbing activity within the portion of the critical root zone located there. Sec. 9.1.4.E bars that same off-site area from being counted as tree conservation area on both properties at once.

Sources & Official References

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