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New Braunfels, TX Tree Protection: Protected Tree Species (2026)

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

Key Facts

Protected threshold
25-inch trunk circumference on Appendix A species
Heritage threshold
75-inch circumference or half state-record circumference
Exempt species
19 species on Appendix B need no permit
Enforcing office
Planning director reviews removal permit applications
Maximum fine
$2,000 per violation for illegal removal
Appeal window
90 days to zoning board of adjustment

Summary

New Braunfels protects trees by species and size, not automatically. A tree only counts as "protected" once it reaches 25 inches of trunk circumference and appears on the city's Appendix A plant list; heritage-tier trees hit 75 inches. Nineteen species on the Appendix B "undesirable" list, including Ashe juniper, mesquite and hackberry, get no protection and can be removed without a permit.

Protected tree is any tree, on the approved plant list (appendix A), having a trunk circumference of 25 inches or more (about eight inches in diameter) measured four and one-half feet above the ground. As used in the text of this chapter, the term "protected tree" includes all heritage trees.

Heritage tree means any tree attaining a circumference of one-half of the state record for that tree species as defined by the Texas Forest Service or having a trunk circumference of 75 inches or more (about 24 inches in diameter) measured four and one-half feet above the ground.

A tree removal permit is not needed if: ... 3. The tree(s) to be removed is one of those listed in Appendix B.

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 36).

Full Breakdown

Section 144-1.4 of the zoning code defines "protected tree" as any tree on the city's approved plant list in Appendix A that measures 25 inches or more in trunk circumference, about eight inches in diameter, measured four and one-half feet above grade. Heritage trees are a higher tier within that same definition: a tree qualifies once it reaches 75 inches of circumference (about 24 inches in diameter) or half the state champion circumference the Texas Forest Service records for its species, whichever is smaller. Both tiers trigger the same removal permit under Section 144-5.3-1(c), administered by the planning director.

The species list matters as much as the size threshold. Section 144-5.3-1(c)(2)(ii) waives the removal permit entirely when the tree is one of the species named in Appendix B, the city's "undesirable trees" list. That list runs to 19 species, including Ashe juniper (mountain cedar), honey mesquite, sugarberry/hackberry, box elder, tree of heaven, mimosa, Chinese tallow, Bradford pear and Arizona ash. Because Appendix B trees are exempt regardless of trunk size, a large hackberry can be cut with no application, while a much smaller Texas red oak on the Appendix A list cannot.

Appendix A itself divides protected species into shade, ornamental, evergreen and palm categories, recommending natives such as pecan, cedar elm, Texas ash, live oak and bald cypress. Multi-trunk native trees, three or more stems at least two inches in diameter within ten feet of each other, are also counted toward the protected-tree threshold using a combined-diameter formula in the landscaping credit table. A removal permit is also unnecessary on property zoned or used for agricultural, single-family or two-family purposes, or where the tree is already hazardous through disease or storm damage not caused by the owner.

Violations & Fines

Recklessly removing or damaging a protected or heritage tree without a permit is a misdemeanor under Section 144-5.3-1(c)(8), punishable by a fine of up to $2,000 per violation. Removing an Appendix B species carries no such exposure since no permit is required for those. Denied applications can be appealed to the zoning board of adjustment within 90 days, and the board may call a qualified arborist, provided by the city, before issuing a final decision.

Frequently Asked Questions

Which tree species does New Braunfels protect?
Only trees on the Appendix A approved plant list count once they reach 25 inches of trunk circumference, about eight inches in diameter, measured four and a half feet up. That includes natives like live oak, cedar elm, Texas ash, pecan and bald cypress. Anything not on that list, or below the size threshold, falls outside the ordinance entirely, per Section 144-1.4 and Section 144-5.3-1.
Can I remove an Ashe juniper or mesquite without a permit?
Yes. Section 144-5.3-1(c)(2)(ii) exempts all 19 species on the Appendix B "undesirable trees" list from the removal permit requirement regardless of trunk size. Ashe juniper (mountain cedar), mesquite, hackberry, box elder, Chinese tallow and Bradford pear are on that list, so cutting them down does not require planning department approval or replacement trees.
What makes a tree a 'heritage tree' instead of just 'protected'?
Size. A heritage tree is any protected-list species that reaches 75 inches of trunk circumference, about 24 inches in diameter, or half the state-record circumference the Texas Forest Service recognizes for that species, whichever is smaller. Heritage trees fall under the same permit process as protected trees but draw closer scrutiny from the planning director before removal is approved.

Sources & Official References

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