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Lynchburg, VA Tree Protection: Protected Tree Species (2026)

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

Key Facts

Criminal penalty
Class 2 misdemeanor
Financial liability
Cost of repair or replacement
Excavation buffer
10 feet without written permit
Protective barrier
4 ft high, 8 ft square fence
Authorizing official
City urban forester

Summary

Lynchburg makes it a class 2 misdemeanor to damage, cut, carve, transplant or remove any tree on public property without the urban forester's authorization, and the violator also owes the cost of repair or replacement. A separate section requires a protective barrier around public trees near any excavation or construction.

Unless specifically authorized by the urban forester, no person shall intentionally damage, cut, carve, transplant or remove any tree on public property; nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree; nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair, or removal and replacement of any public tree so damaged.

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 10).

Full Breakdown

Sec. 38-4 of the city code protects every tree standing on public property in Lynchburg, whether a street tree, park tree or tree on other city-owned land, from intentional harm. The prohibited acts are specific: no one may damage, cut, carve, transplant or remove a public tree; attach rope, wire, nails or advertising posters to it; let a harmful gas, liquid or solid substance contact it; or set or allow a fire that would injure any part of it. The urban forester can authorize an exception, but absent that authorization a violation is a class 2 misdemeanor, and the violator is separately liable for the cost of repairing the tree or removing and replacing it if it cannot be saved.

The section extends liability to vehicle owners: if a vehicle accidentally strikes and damages a public tree, the owner is responsible for the repair cost or, if the tree must come out, for the cost of removal and a replacement tree. Sec. 38-5 backs this up during construction work: any tree on a street or other public property located near an excavation or building project must be guarded by a substantial fence, frame or box at least four feet high and eight feet square, or set back a distance equal to the trunk diameter in inches, whichever is larger, and building material, dirt or debris must be kept outside that barrier.

That section also bars excavating a ditch, tunnel or trench, or laying a driveway, within ten feet of a public tree without a written permit from the urban forester, and requires the public works department to notify the urban forester in advance of any curb, gutter, sidewalk or driveway application that could injure a street tree or its root system.

Violations & Fines

Damaging, cutting, carving, transplanting or removing a public tree without urban forester authorization is a class 2 misdemeanor under Sec. 38-4, and the violator must additionally pay the cost of repairing the tree or of removal and replacement. A vehicle owner who accidentally strikes a public tree owes the same repair or replacement cost even without intent. Excavating within ten feet of a public tree without the required Sec. 38-5 permit is a separate violation.

Frequently Asked Questions

Can I be charged criminally for cutting down a Lynchburg street tree?
Yes. Sec. 38-4 makes it a class 2 misdemeanor to intentionally damage, cut, carve, transplant or remove any tree on public property without authorization from the urban forester, and you also owe the cost of repairing or replacing the tree.
What if my car accidentally hits a city tree?
Sec. 38-4 holds the vehicle owner responsible for the cost of repair or, if the tree cannot be saved, the cost of removal and a replacement tree on public property, even though the damage was accidental rather than intentional.
Do I need a permit to dig near a public tree in Lynchburg?
Yes. Sec. 38-5 requires a written permit from the urban forester before excavating any ditch, tunnel or trench, or laying a driveway, within ten feet of a public tree, to keep construction work from injuring the root system.
How must a public tree be protected during nearby construction?
Sec. 38-5 requires a substantial fence, frame or box at least four feet high and eight feet square around the tree, or a setback equal to the trunk's diameter in inches if that is greater, and all building material and debris must stay outside that barrier.

Sources & Official References

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