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Fayette County, GA Tree Protection: Protected Tree Species (2026)

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

Key Facts

Deciduous canopy threshold
24 inches DBH
Evergreen canopy threshold
30 inches DBH
Understory tree threshold
10 inches DBH
Unauthorized removal penalty
2x inch-for-inch replacement
Administering agency
Environmental Management Department
Design credit for preserved specimen
2 EDU inches per inch DBH

Summary

In unincorporated Fayette County, trees meeting specimen-size thresholds get special protection under Development Code Sec. 104-153. A 24-inch deciduous canopy tree, a 30-inch evergreen canopy tree, or a 10-inch understory tree qualifies, and removing one without the environmental management department's prior approval triggers double replacement.

These county ordinances apply to unincorporated areas of Fayette County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(2)Specimen trees.a.Criteria for determination of specimen trees or stands are as follows:1.Any deciduous canopy tree whose DBH equals or exceeds 24 inches.2.Any evergreen canopy tree whose DBH equals or exceeds 30 inches.3.Any understory tree whose DBH equals or exceeds ten inches.4.Any tree which has significant historical value and can be documented through historical records or otherwise.b.Removal. Any specimen tree removed without prior approval of the environmental management department will be replaced by trees equaling two times an inch-for inch replacement of the tree removed. Size alone will determine whether a tree was of specimen quality if the tree is removed without approval and there is no evidence of its condition. Such action may result in a stop work order issued by the environmental management department.

Full Breakdown

Fayette County's tree retention article (Development Code, Part II, Ch. 104, art. VI) singles out specimen trees for extra protection beyond the standard site density unit calculations that apply to nonresidential development. Sec. 104-153(2)a sets the size criteria: any deciduous canopy tree with a diameter at breast height of 24 inches or more, any evergreen canopy tree with a DBH of 30 inches or more, any understory tree with a DBH of 10 inches or more, or any tree documented to have significant historical value.

A tree meeting one of these thresholds is a specimen tree regardless of species, so the protection reaches oaks, maples, cedars and other canopy or understory species alike once they hit the size or historical bar. The county's environmental management department administers the article and must approve removal of a specimen tree in advance. Cut one down without that approval and Sec. 104-153(2)b requires the developer to replace it at two times an inch-for-inch rate, so a 24-inch specimen removed without a permit demands 48 inches of replacement caliper.

Where a removed tree's condition cannot be verified after the fact, size alone controls whether it counted as a specimen, closing off after-the-fact excuses. Unauthorized removal can also draw a stop work order from the department, halting the whole site until the violation is resolved. Under Sec. 104-153(2)d an owner may still remove a specimen tree lawfully if it blocks required vehicular access, utility or drainage lines that cannot be relocated, or property access, or if a certified arborist or the state forestry commission finds it diseased or unlikely to survive construction.

Written justification and, often, an arborist's viability appraisal must go to the environmental management department before removal is approved, and preserved specimen trees incorporated into a project's design earn double EDU credit toward the site's tree density requirement.

Violations & Fines

Removing a specimen tree without prior written approval from the environmental management department is a violation of Sec. 104-153(2)b. The remedy is mandatory replacement at two times an inch-for-inch rate based on the removed tree's DBH, and the department may also issue a stop work order under the same subsection, freezing all site work until the violation is cured. Broader article violations (Sec. 104-155) can bring a notice of violation, withheld certificate of occupancy, permit suspension or revocation, and, for intentional or flagrant conduct, a citation carrying up to a $1,000 fine or 60 days imprisonment per day of violation.

Frequently Asked Questions

What makes a tree a protected specimen tree in unincorporated Fayette County?
Under Code Sec. 104-153(2)a, a deciduous canopy tree at or above 24 inches DBH, an evergreen canopy tree at or above 30 inches DBH, or an understory tree at or above 10 inches DBH qualifies, as does any tree with documented historical significance, regardless of species.
Can I remove a specimen tree on my Fayette County property?
Only with prior written approval from the environmental management department, or if it meets one of the exceptions in Sec. 104-153(2)d, such as blocking required access, utilities, or drainage that cannot be relocated, or being diseased, dead, or dying past the point of viability.
What happens if I remove a specimen tree without approval?
Sec. 104-153(2)b requires replacement at two times an inch-for-inch rate based on the removed tree's diameter, and the environmental management department may issue a stop work order on the entire site until the violation is corrected.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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