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

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

Key Facts

Hardwood/conifer threshold
24-inch DBH for significant classification
Pine threshold
32-inch DBH for other pine species
Ornamental threshold
8-inch DBH for dogwoods, magnolias, hollies
Mitigation
Doubled replacement-tree formula under Sec. 18-460(b)
Penalty
$400-$1,000 per tree removed illegally

Summary

Wilmington's Land Development Code protects unusually large trees as 'significant' once they cross a size threshold: 24-inch DBH hardwoods, long leaf pine, pocosin pine, black pine and non-pine conifers, 32-inch DBH for other pines, and 8-inch DBH for dogwoods, magnolias, hollies and other ornamental flowering trees. Any significant tree removed anywhere on a development site must be mitigated with replacement trees, calculated at double the standard rate.

(b)Significant trees. Hardwood, long leaf pine, pocosin (pond) pine, black pine, and non-pine conifer trees at least twenty-four (24) inches DBH, all other pines at least thirty-two (32) inches DBH, and dogwoods, magnolias, American hollies and other ornamental flowering trees at least eight (8) inches DBH, anywhere on the site shall be considered significant and protected, and shall be preserved according to this chapter and incorporated into required landscaping. If these trees are removed, regardless of location on the site, they shall be mitigated with replacement trees in accordance with section 18-460, or by use of credits in accordance with section 18-448, unless the trees are shown to be dead, dying or greater than fifty (50) percent damaged or diseased as a result of natural factors, or are otherwise exempted.

Full Breakdown

Sec. 18-456(b) of the Land Development Code sets the size thresholds that turn an ordinary tree into a 'significant' one carrying extra protection: hardwood, long leaf pine, pocosin (pond) pine, black pine and non-pine conifer trees at least 24 inches in diameter at breast height, all other pines at least 32 inches DBH, and dogwoods, magnolias, American hollies and other ornamental flowering trees at least 8 inches DBH. The classification applies no matter where the tree sits on the site, and once a tree qualifies it must be preserved and worked into the site's required landscaping under the same subsection.

If a significant tree still has to come down, whether for a building footprint or a driveway, Sec. 18-460(b) doubles the mitigation math compared with an ordinary regulated tree: the total DBH of the removed significant trees is multiplied by two times the species percentage in Table IV and divided by three to set the number of replacement trees owed. Replacements need at least 144 square feet of pervious growing area each. Trees that are dead, dying, or more than 50 percent damaged or diseased from natural causes are exempt from mitigation, and the city manager can allow payment into the City Tree Improvement Fund instead of on-site replacement when the lot cannot physically hold the required trees. A significant tree can only be removed under Sec. 18-457 if essential site improvements truly cannot be relocated elsewhere on the parcel; cost or convenience of clearing is not a valid reason on its own.

Violations & Fines

Removing a significant tree without mitigation, or without the tree removal permit required under Article 8, triggers the tree-specific civil penalty in Sec. 18-52(c): $400 per tree or $50 per inch DBH, whichever is greater, jumping to $1,000 per tree or $100 per inch DBH once the owner has been notified of the requirement and removes it anyway. Each tree taken down is a separate offense.

Frequently Asked Questions

What size makes a tree 'significant' under Wilmington's code?
Wilmington sets species-specific size thresholds under Sec. 18-456(b): 24-inch DBH for hardwoods, long leaf pine, pocosin pine, black pine and non-pine conifers, 32-inch DBH for other pines, and 8-inch DBH for dogwoods, magnolias, American hollies and other ornamental flowering trees. Any tree meeting its species threshold anywhere on a development site counts as significant, no matter where it sits relative to buildings or setbacks.
How many replacement trees does removing a significant tree require?
Sec. 18-460(b) multiplies the total DBH of the removed significant trees by two times the species percentage listed in Table IV, then divides by three, doubling the replacement count compared with an ordinary regulated tree. Each replacement needs at least 144 square feet of pervious growing area, and dead, dying or storm-damaged trees are exempt from the mitigation math entirely.
Can a significant tree be removed just because it is inconvenient?
No. Sec. 18-457 only allows removal of a protected or significant tree when essential site improvements genuinely cannot be accommodated anywhere else on the site. The code specifically states that nonselective bulldozer clearing being cheaper than selective chainsaw removal is not a valid reason, and clearing has to stay within the approved construction limits.

Sources & Official References

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