Birmingham, AL Tree Protection: Parkway Planting (2026)
Key Facts
- Max mature height near overhead wires
- 25 feet
- Required clearance from overhead wires
- 10 lateral feet
- Required clearance from underground lines
- 5 lateral feet
- Permit needed to trim/top a public tree
- Yes, Dept. of Planning, Engineering and Permits
- General penalty for violations
- Up to $500 fine / 6 months
- Appeal path
- City council review, Sec. 2-5-322
Summary
Birmingham bars planting any tree that grows taller than 25 feet at maturity under or within 10 feet of an overhead utility wire, or over or within 5 feet of an underground water, sewer, or transmission line, under City Code Sec. 2-5-317. The city itself plants, prunes, and removes trees in streets, alleys, and rights-of-way, and anyone else needs a permit to trim or top a public tree.
No tree whose normal height is greater than 25 feet at maturity may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
The Urban Forestry and Tree Commission, created under Sec. 2-5-311, maintains the city's official list of tree and shrub species approved for planting and those unsuitable for the city, on file with the city clerk under Sec. 2-5-316. That species list works alongside the hard dimensional rule in Sec. 2-5-317: no tree with a mature height over 25 feet may go in the ground under or within 10 lateral feet of an overhead utility wire, or over or within 5 lateral feet of an underground water line, sewer line, transmission line, or other utility.
Sec. 2-5-318 gives the city the right to plant, prune, maintain, and remove trees, plants, and shrubs within streets, alleys, rights-of-way, and other public grounds whenever needed for public health, safety, and welfare or to preserve their appearance. Because the city controls that ground, Sec. 2-5-319 makes it unlawful for any person, firm, or corporation to trim or top a tree or shrub on public property or in the public right-of-way without a permit from the department of planning, engineering and permits. Public utilities get an annual permit for routine line-clearance work; everyone else must apply describing the specific work and the reason for it, and the department can grant or deny the request based on how the trimming fits the city's overall tree plan.
Permittees must follow the commission's trimming standards on file with the city clerk; work that departs from those standards can cost the permit through revocation or suspension. Separately, Sec. 2-5-320 puts a duty on the owner of any tree overhanging a street or right-of-way to remove dead, diseased, or dangerous limbs that threaten public safety, and Sec. 2-5-321 lets the city remove hazardous or diseased trees on private property at the owner's expense after 60 days' written notice if the owner does not act.
Violations & Fines
Trimming or topping a public tree without the required department permit, or violating the commission's trimming standards, exposes a permittee to revocation or suspension of the permit under Sec. 2-5-319(c). Beyond that, violations of the tree articles fall under the Code's general penalty, Sec. 1-1-6: a fine up to $500.00, imprisonment up to six months in the city jail or at hard labor, or both, with each day a violation continues counting as a separate offense. Any affected person may appeal a permit denial or department order to the city council under Sec. 2-5-322.
Frequently Asked Questions
Can I plant a tall shade tree under the power line along my street in Birmingham?
Do I need a permit to trim the street tree in front of my Birmingham house?
Who is responsible if a city street tree drops a dangerous limb?
What species list governs what I can plant in the Birmingham parkway strip?
Sources & Official References
Other rules in Birmingham
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Parkway Planting in Nearby Cities
How other cities in Jefferson County handle parkway planting.