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Fulton County, GA Tree Protection: Heritage & Protected Trees (2026)

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

City-specific rules exist: Atlanta, and Roswell have their own heritage & protected trees rules that differ from Fulton County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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.

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 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?
Under Code § 26-398(32)(b), the director of the department of planning and community services, or an authorized agent, designates a tree as heritage because of its age, size or historical association, a separate category from the 'specimen tree' the county arborist designates for type or size.
Does this rule apply to my yard in Atlanta or Sandy Springs?
No. Section 26-397(b) limits the tree preservation ordinance to activity requiring a land disturbance permit in unincorporated Fulton County; Atlanta, Sandy Springs, Johns Creek, Milton and the county's other cities enforce their own separate tree codes.
Can I remove a heritage tree from my lot?
Only after documenting a hardship, such as an economic or zoning restriction, in a land disturbance permit application and getting the director's approval under § 26-400(a); removing a protected tree without that approval is a citable violation under § 26-401(3).
What happens if I remove a protected tree without approval?
County enforcement agents can issue an immediate stop-work order under § 26-401, and the department can revoke or suspend the land disturbance permit and withhold the certificate of occupancy until the site complies, per § 26-402(b).

Sources & Official References

Other rules in Fulton County

All Fulton County rules

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