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

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

Key Facts

DBH threshold
30 inches or greater
Species scope
any NC-native tree per USDA NRCS database
Defined in
UDO Article 2, Section 2.3
Applies where
corporate limits and ETJ
Triggers protection when
linked development activity occurs (Sec. 20.14.A)

Summary

Charlotte's Unified Development Ordinance protects "heritage trees": any tree species native to North Carolina under the USDA Natural Resources Conservation Service Plants Database that has grown to a trunk diameter (DBH) of 30 inches or greater. There is no fixed species list. That single measurable threshold in UDO Section 2.3 decides which trees trigger removal-permit and mitigation duties under Section 20.14.

Heritage Tree. Any tree native to North Carolina per the US Department of Agriculture Natural Resource Conservation Service Plants Database with a DBH of 30 inches or greater.

Full Breakdown

The definition sits in Article 2, Section 2.3, General Definitions, and it is written as a measurement test rather than a species roster: any tree native to North Carolina per the USDA Natural Resources Conservation Service Plants Database qualifies as a heritage tree once its diameter at breast height (DBH) reaches 30 inches or more. Non-native ornamental and landscape trees fall outside the definition no matter how large they grow, while any native oak, hickory, poplar, or other NC-native species crosses into protected status the moment it hits that 30-inch mark.

The designation only carries legal weight when a site is also undergoing development activity covered by Section 20.14.A: new construction of a principal structure, a cumulative increase in built-upon area or building coverage equal to or greater than 5% or 1,000 square feet (whichever is less), or approval of a standard subdivision under Section 30.3.A or a minor subdivision under Section 30.3.D, anywhere inside the City's corporate limits or its extraterritorial jurisdiction (ETJ). On a qualifying site, Section 20.14.B requires every heritage tree to be identified and "protected to the greatest extent possible," restricting removal to a City-issued tree work permit or the narrow hazard and extreme-poor-health exceptions in Section 20.14.B.2.

Because the test is measurement-based, builders and arborists surveying a lot before grading or construction must check the DBH of every mature native tree rather than screening for an ordinance-named species list, and a tree that is one inch under 30 DBH carries none of the removal or mitigation obligations that apply once it crosses the line.

Violations & Fines

A tree that meets the native-species-plus-30-inch-DBH test is a heritage tree, and removing it or disturbing its critical root zone without a City-issued tree work permit exposes the owner or the person doing the work to civil penalties set out in the Charlotte Tree Manual. A City-approved development plan can itself serve as the tree work permit, but unpermitted removal outside that approval, or outside the hazard/poor-health exceptions, is a separate violation for each heritage tree affected.

Frequently Asked Questions

What makes a tree a "heritage tree" under Charlotte's code?
Any tree species native to North Carolina under the USDA Natural Resources Conservation Service Plants Database that has reached a trunk diameter at breast height of 30 inches or more, per UDO Section 2.3. There is no separate list of protected species; the size threshold alone decides.
Are non-native trees ever protected as heritage trees in Charlotte?
No. The UDO Section 2.3 definition requires the tree to be native to North Carolina per the USDA NRCS Plants Database. A large non-native ornamental or landscape tree does not qualify as a heritage tree regardless of its trunk diameter.
Does hitting 30 inches DBH automatically require a permit to remove a tree?
Only if the property is also undergoing development activity covered by UDO Section 20.14.A, such as new principal construction, a qualifying built-upon-area increase, or a subdivision approval. Outside those triggers, the definition itself does not impose a removal permit requirement.

Sources & Official References

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