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Salem, OR Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Designation method
Council resolution on owner nomination
Removal standard
Certified arborist finds tree hazardous
Verifying official
Planning Administrator
Rescission
Council rescinds designation after lawful removal
Governing section
SRC 808.010

Summary

The Salem City Council designates heritage trees by resolution on the property owner's own nomination, based on the tree's location, size, age, or historic significance, and once designated, SRC 808.010 bars removal unless a certified arborist confirms the tree is hazardous.

(a)Designation of heritage trees. The Council may, by resolution, designate a heritage tree upon nomination by the property owner, in recognition of the tree's location, size, or age; botanical interest; or historic or cultural significance.(b)Protection of heritage trees. No person shall remove a heritage tree unless the tree has been determined to be a hazardous tree by a certified arborist, and such determination is verified by the Planning Administrator.(c)Rescinding heritage tree designation. The Council shall rescind a heritage tree designation if the tree has been removed pursuant to subsection (b) of this section.

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 26 Update 1).

Full Breakdown

010(a) lets the Council designate a heritage tree by resolution, but only upon nomination by the property owner, weighing the tree's location, size, or age, botanical interest, or historic or cultural significance. This is a voluntary, owner-initiated program rather than a City-imposed inventory. 005 is one that is cracked, split, leaning, has a dead top or large dead limb, or is otherwise damaged to the degree it is likely to fall and injure people or property, including diseased trees likely to spread disease to neighboring trees.

010(c) requires the Council to rescind the heritage designation for that tree. The heritage designation sits alongside, and is enforced through, the same permitting architecture that governs significant trees and riparian trees under the rest of Chapter 808, with the Planning Administrator as the reviewing official for verification and enforcement action.

Violations & Fines

Because heritage trees fall within Chapter 808's protected-tree scheme, unauthorized removal triggers SRC 808.065 enforcement: a stop work order limited to the affected site area, permit revocation where work threatens public safety or adjacent property, a mandatory replanting and restoration plan valued at the tree's appraised worth under the ISA Guide for Plant Appraisals with any shortfall paid into the Salem City Tree Fund, a hold on the property's notice of final completion until the violation is cured and penalties paid, and injunctive relief for up to five years against willful violators.

Frequently Asked Questions

Who can nominate a tree for heritage status in Salem?
Only the property owner. SRC 808.010(a) says the Council may designate a heritage tree by resolution "upon nomination by the property owner," considering the tree's location, size, age, botanical interest, or historic or cultural significance; the City does not add trees to the program on its own.
Can I remove a heritage tree from my own Salem property?
Only if it is hazardous. SRC 808.010(b) prohibits removing a heritage tree unless a certified arborist determines it is a hazardous tree and the Planning Administrator verifies that determination; there is no removal path based on convenience, cost, or aesthetics.
What happens to the heritage designation after a hazardous heritage tree is removed?
The Council must rescind it. SRC 808.010(c) requires the Council to rescind a heritage tree designation once the tree has been removed under the hazardous-tree process described in subsection (b), since the designation attaches to the specific tree, not the property.

Sources & Official References

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