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Gulfport, MS Tree Protection: Protected Tree Species (2026)

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

Key Facts

Species covered
11 species incl. live oak, magnolia, bald cypress
Size threshold
8-inch caliper or 25-inch circumference
Districts covered
Industrial, commercial and residential
Administrator
Tree protection advisor
Appeal window
15 days to planning commission, $75 fee
General penalty
Up to $1,000 fine or 90 days jail

Summary

Gulfport protects eleven native species, including live oak, southern magnolia, bald cypress, American holly and willow oak, once the trunk reaches eight inches caliper or a twenty-five inch circumference. Code Sec. 8-3 sets that threshold, and the definition triggers permit and replacement duties across every industrial, commercial and residential zoning district under Sec. 8-4.

Tree, protected: Any woody, perennial, hardwood plant that is either a live oak (quercus virginiana), southern magnolia (magnolia grandiflora), American Sycamore (Platanus occidentalis), swamp chestnut oak (quercus michauxii), overcup oak (quercus lyrata), shumard oak (quercus shumardii), nuttall oak (quercus texana), American holly (Ilex opaca), bald cypress (taxodium distichum), red maple (acer rubrum), willow oak (quercus phellos) that has a single or multiple trunk with a total caliper trunk of eight (8) inches or a circumference of twenty-five (25) inches or more.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 68).

Full Breakdown

Code of Ordinances Sec. 8-3 names eleven protected species by botanical name: live oak, southern magnolia, American sycamore, swamp chestnut oak, overcup oak, shumard oak, nuttall oak, American holly, bald cypress, red maple and willow oak. A tree in that list becomes "protected" once it carries a single or multiple trunk with a total caliper of eight inches, or a circumference of twenty-five inches or more. Sec. 8-4 applies the article to any real property lying in an industrial, business or commercial, or residential district on the Gulfport Comprehensive Zoning District Map, so the rule reaches almost every parcel in the city.

A tree protection advisor, who must be a certified arborist, horticulturist or hold a landscape architecture degree, administers the program and rules on permit applications; decisions are final unless appealed to the city planning commission within fifteen days under Sec. 00 filing fee for the appeal. A three-member tree advisory board created by Sec. 1 advises the mayor and council on preservation policy but does not decide permits. Replacement trees planted to satisfy a removal permit inherit the same protected status once they reach the same caliper threshold, and a replacement tree that dies within two years must be replaced again at the owner's expense under Sec.

8-8. Removing, damaging or destroying a protected tree without a permit is a separate offense for each tree under Sec. 8-18, and enforcement runs through the tree protection advisor and the department of urban development, which may inspect any site and issue a notice to comply by certified mail before citing a violation.

Violations & Fines

Removing, cutting or damaging a protected tree without a permit is a separate offense per tree under Sec. 8-18, punishable under the Code's general penalty, Sec. 1-9: a fine up to $1,000.00, up to 90 days in jail, or both, with each day a violation continues counted as a separate offense. Restitution requires doubled replacement trees, four to ten trees depending on the removed tree's caliper class, planted at the violator's cost.

Frequently Asked Questions

What size makes a tree "protected" in Gulfport?
A tree becomes protected under Sec. 8-3 once it is one of eleven listed species and has a single or multiple trunk with a total caliper of eight inches, or a circumference of twenty-five inches or more. Younger, smaller trees of the same species are not covered until they reach that threshold.
Which tree species does Gulfport protect?
Sec. 8-3 lists live oak, southern magnolia, American sycamore, swamp chestnut oak, overcup oak, shumard oak, nuttall oak, American holly, bald cypress, red maple and willow oak. Only these eleven species count as "protected trees" once they meet the caliper or circumference size threshold set in the same section.
What happens if I cut down a protected tree without a permit?
Unpermitted removal is a separate offense for every tree destroyed under Sec. 8-18, punishable by up to a $1,000.00 fine or 90 days in jail under the Code's general penalty, Sec. 1-9. The tree protection advisor can also require replacement trees, four to ten depending on the tree's caliper class, at the owner's expense.

Sources & Official References

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