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Birmingham, AL Tree Protection: Parkway Planting (2026)

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

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 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?
No. Sec. 2-5-317 bars planting any tree that grows taller than 25 feet at maturity under or within 10 lateral feet of an overhead utility wire. Stick to smaller ornamental species or move the planting spot at least 10 feet away from the line.
Do I need a permit to trim the street tree in front of my Birmingham house?
Yes. Sec. 2-5-319 makes it unlawful to trim or top any tree on public property or in the public right-of-way without a permit from the department of planning, engineering and permits, which reviews the request against the city's tree plan before approving it.
Who is responsible if a city street tree drops a dangerous limb?
The city retains the right under Sec. 2-5-318 to prune or remove trees in streets and rights-of-way for public safety, while Sec. 2-5-320 puts a separate duty on the owner of an overhanging tree to remove dead, diseased, or dangerous limbs that threaten the public.
What species list governs what I can plant in the Birmingham parkway strip?
The Urban Forestry and Tree Commission compiles and keeps current, under Sec. 2-5-316, a city list of suitable and unsuitable tree and shrub species for planting, filed with the office of the city clerk and amendable at any time.

Sources & Official References

Other rules in Birmingham

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