Whatcom County, WA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Definition
- evergreen ≥12in DBH, deciduous ≥8in DBH
- Where it applies
- Lake Whatcom Watershed Overlay District only
- No-permit allowance
- 20%, capped 14,000 sq ft since 2017
- Permit review time
- 21 calendar days by the director
- Penalty for illegal removal
- 3 replacement trees per tree, plus fines
- Appeal path
- WCC § 22.05.160
Summary
Whatcom County has no landmark-tree designation program, but inside the Lake Whatcom Watershed Overlay District it requires a permit to remove any "significant tree," defined as an evergreen 12 inches or more, or a deciduous tree eight inches or more, in diameter at breast height. Unpermitted removal must be replaced three trees for one, plus fines.
§ 20.51.430. Tree removal not associated with development activity. (1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant tree(s) on any property within the Lake Whatcom watershed without first obtaining the appropriate permit as provided in this section, unless the activity is exempted below... (7) Penalties and Enforcement. Any significant trees damaged or removed without a permit shall be replaced at a rate of three trees for each one damaged or removed and shall be subject to fines pursuant to Chapter 20.94 WCC (Enforcement and Penalties).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963078; v4 updated 2026-06-23; through 06-23-2026).
Full Breakdown
430 bars removing any significant tree on Lake Whatcom watershed property without first obtaining a tree removal permit, except for emergency hazard-tree removal (documented with photos within 30 days) and pruning up to 25 percent of a tree's foliage. Owners may still remove up to 20 percent, capped at 14,000 square feet, of their existing canopy area (measured cumulatively since January 1, 2017) without a permit, provided there is no active development application on the site, no stricter county rule applies, and the trees were not required to be retained or planted under a prior approval; the director can allow more for Firewise fire-risk reduction or pest and disease control. 440(4). 160. 440, layered on top of the removal-permit rule. 16, with the stricter rule controlling.
Violations & Fines
Damaging or removing a significant tree without a permit requires replacement at three trees for every tree lost, on top of fines under Chapter 20.94 WCC (Enforcement and Penalties). Replacement conifers must be at least eight feet tall, replacement deciduous trees at least two and one-half inches in diameter, all native to western Washington, and the director may require a financial surety guaranteeing the replacement trees survive.
Frequently Asked Questions
Does Whatcom County's significant tree permit apply outside the Lake Whatcom watershed?
How many trees can I remove on my Lake Whatcom property without a permit?
What happens if I cut down a significant tree in the Lake Whatcom watershed without a permit?
Sources & Official References
Other rules in Whatcom County
Compare Whatcom County to another location·View the Washington tree protection overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.