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

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

Key Facts

Evergreen canopy tree
18 inches dbh or greater
Deciduous canopy tree
12 inches dbh or greater
Understory tree
Eight inches dbh or greater
Credit for a protected tree
One and one-half times its protection zone
Protection zone
Greater of six-foot radius or one foot per inch dbh
Required to claim credit
Major specimen tree survey on all plans
Section last amended
City June 15, 2026; County June 22, 2026

Summary

Durham's UDO defines a major specimen tree by size: an evergreen canopy tree at 18 inches dbh, a deciduous canopy tree at 12 inches, or an understory tree at eight inches. A developer who saves and protects one earns tree coverage credit at one and one-half times its protection zone, but only with a specimen tree survey on the plans.

A major specimen tree shall be defined pursuant to Sec. 17.3, Defined Terms . ... Major specimen trees that are saved and protected under the requirements of paragraph 8.3.2 shall be granted tree coverage credit at one and one-half times the size of the tree protection zone ... Major specimen trees that are located in the floodway ... steep slope areas, riparian buffers, Major Transportation Corridor (MTC) buffers, and Durham Natural Inventory ... Sites are not eligible for additional credit as described above. ... Any evergreen canopy tree 18 inches dbh or greater, any deciduous canopy tree 12 inches dbh or greater and any understory tree (deciduous or evergreen) eight inches dbh or greater, except any tree listed as a nonnative invasive plant by the U.S. Forest Service or prohibited pursuant to the Landscape Manual for Durham, North Carolina ... specimen tree survey shall be required showing specific location, species, size, and tree protection zone ... of all major specimen trees to be saved. This survey shall be included on all site, landscape, grading ... utility, demolition, and erosion ... control plans.

Full Breakdown

Section 8.3.5 of the Durham Unified Development Ordinance, administered by the Durham City-County Planning Department, rewards developers for keeping the biggest trees on a site. The size thresholds come from Sec. 17.3: any evergreen canopy tree 18 inches dbh or greater, any deciduous canopy tree 12 inches dbh or greater, and any understory tree, deciduous or evergreen, eight inches dbh or greater. A tree listed as a nonnative invasive plant by the U.S. Forest Service, or prohibited under the Landscape Manual for Durham, North Carolina, never qualifies.

The reward is arithmetic. A major specimen tree saved and protected under § 8.3.2 earns tree coverage credit at one and one-half times the size of its tree protection zone, which is the greater of a six-foot radius or a one-foot radius for every inch of dbh. A 12-inch deciduous canopy tree therefore carries a 12-foot radius zone, and a tree under six inches dbh still gets the six-foot minimum. The bonus counts toward the tree coverage standards in § 8.3.1, which apply in the Urban and Suburban Tiers and in the Compact Neighborhood Tier on sites not zoned Design District. Developments of less than two acres, or not using mass grading, are exempt from tree coverage requirements, as are additions to existing residential structures other than multiplexes and apartments.

The bonus has limits. Specimen trees in the floodway, non-encroachment area, floodway fringe, preserved wetlands and wetland buffers, steep slope areas, riparian buffers, Major Transportation Corridor buffers and Durham Natural Inventory sites get no additional credit, because that land is already protected. Flood areas count as protected land unless the site proposes to fill or develop them under § 8.4.4.

To claim the credit, the applicant files a major specimen tree survey showing each tree's specific location, species, size and tree protection zone. The same survey has to appear on the site, landscape, grading, utility, demolition and erosion control plans. Section 8.3.1D also tells designers to place any extra tree preservation areas outside the required locations so that they preserve major specimen trees and clusters of trees.

Violations & Fines

Section 8.3.5 prints no dollar fine. The penalty is lost credit: a specimen tree missing from any required plan, or not protected under § 8.3.2, earns no bonus, and the shortfall has to be made up with other preserved or replacement trees. A related penalty in § 8.3.4 denies site plans for three years, or five years in the City if willful, when forestry buffers are stripped of trees.

Frequently Asked Questions

What counts as a major specimen tree in Durham?
Sec. 17.3 sets three size tests: an evergreen canopy tree 18 inches dbh or greater, a deciduous canopy tree 12 inches dbh or greater, or an understory tree eight inches dbh or greater. Trees listed as nonnative invasive plants by the U.S. Forest Service, or prohibited by the Landscape Manual for Durham, North Carolina, are excluded no matter how large they are.
How much credit does saving a specimen tree earn?
A major specimen tree saved and protected under § 8.3.2 gets tree coverage credit at one and one-half times the size of its tree protection zone. That zone is the greater of a six-foot radius or one foot of radius per inch of dbh. No extra credit applies inside the floodway, wetlands, steep slopes, riparian buffers or other protected land listed in § 8.3.5B.
What protection does a saved specimen tree need on site?
Section 8.3.2 requires a durable tree protection fence on metal posts no more than ten feet apart, installed with the erosion control measures and kept until construction is complete. Silt fencing does not count. Storage, dumping, fill and equipment parking are banned in the zone, and signs reading no trespassing/tree protection area must be posted at each end and every 100 feet.
When does Durham require a tree survey even without claiming credit?
Section 8.3.3 requires a land disturbance tree survey when the limits of disturbance fall within 30 feet of a preserved tree coverage area, floodplain, steep slope area, riparian buffer, required landscape buffer, inventory site, wetland or conservation area. It shows location, species, size and protection zone for every tree six inches dbh or greater within 30 feet of the disturbance.

Sources & Official References

Other rules in Durham

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