Asheville, NC Tree Protection: Protected Tree Species (2026)

Chapter 20, Article III of the Asheville City Code applies special protection to what it calls a "regulated tree." Sec. 20-4 defines the term narrowly: a tree on private property listed as the champion or co-champion of its species, either on the National Big Tree List compiled by the American Forestry Association or the Champion Big Trees of North Carolina list compiled by the North Carolina Division of Forestry Resources. Trees the Asheville City Council has separately designated as "historic" get the same protection under Sec. 20-42, even if they don't meet the champion-tree definition.

Removing a regulated or historic tree requires a permit from the public works director, and Sec. 20-42 gives the director real discretion to say no. The section lists six factors the director may weigh: whether there is a current plan to develop the property, whether the planned development can be built without removing the tree, whether the purpose behind the removal could be met with less drastic measures, the tree's health, the applicant's proposal to replace it, and any other factor reasonably related to the tree. The director can also grant the permit with conditions attached rather than denying it outright. Sec. 20-5(b)(1) requires the parks and recreation director's Master Street Tree Plan to identify every regulated and historic tree by type and location, so the city maintains its own inventory rather than relying solely on the applicant's disclosure.

A property owner who disagrees with a permit denial is not stuck: Sec. 20-42 allows an appeal to the tree commission's appeals board under the procedure in Sec. 20-53, and from there to Buncombe County Superior Court.