Apex, NC Tree Protection: Protected Tree Species (2026)
Key Facts
- Protected threshold
- 18-inch caliper or larger
- Species exception
- Pine trees excluded
- Governing provision
- UDO § 12.2 Terms Defined
- Applies to
- Site plan & subdivision review
- Geographic reach
- Town limits plus mapped ETJ
Summary
Apex's UDO protects any tree 18 inches or larger in caliper, except pines, as a 'Specimen Tree,' triggering preservation requirements in site plan and subdivision review across town limits and the ETJ.
Specimen Tree Any tree other than a pine with a caliper of 18 inches or more.
Stormwater Control Measure "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof.
Stream, ephemeral A stream that flows briefly and only in direct response to local precipitation, and whose channel is always above the water table. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. Ephemeral streams are not indicated on the most recent version of either the U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps, or the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture. This classification requires no buffer under the requirements of Sec. 6.1 Watershed Protection Overlay Districts.
Stream, intermittent A stream, or reach of a stream, that does not flow year-round. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Apex's Unified Development Ordinance sets the town's tree-protection threshold not by species list but by size, minus one exception: Sec. 12.2 defines a 'Specimen Tree' as any tree other than a pine with a caliper of 18 inches or greater. That threshold drives the Resource Conservation Area criteria in Sec. 8.1.2.B.1.d, which flags 'individual significant trees 18" caliper and larger' for preservation on new development and subdivision plans. The rule applies to site plan and subdivision review across the corporate limits and the mapped extraterritorial jurisdiction, not to trees on already-developed lots. This figure comes from the UDO's July 2021 codification, not the more recently amended general code.
Violations & Fines
Removing or damaging a protected tree during development without approved-plan compliance is a violation; Apex assesses a base fine of $20 per square foot of disturbed area, capped at $40,000, plus required replacement planting.
Frequently Asked Questions
Does Apex protect all large trees, or only certain species?
Does this rule apply outside the Apex town limits?
Sources & Official References
Other rules in Apex
Compare Apex to another location·View the North Carolina tree protection overview
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Protected Tree Species in Nearby Cities
How other cities in Wake County handle protected tree species.