The City of Austin protects trees on both public and private property. In 1984, the City of Austin passed one of the first tree protection ordinances in the entire United States. The City has continued its commitment to protect our valuable community trees when they passed the Heritage Tree Ordinance back in 2010.
What is considered to be a ‘protected’ tree?
According to the Land Development Code (LDC) – Section 25-8 – ‘protected’ trees are those with a diameter of breast height (DBH) of 19 inches, or 60 inches from the circumference or more. Such trees require a permit for approval as heritage trees. Certain tree species like live oaks have more protections.
What are the levels of tree ordinance protection?
If a tree has 8 inches or larger of DBH, a survey is required on commercial site plan submittals. Trees that are 19 inches or larger of DBH, as mentioned above, are always protected, regardless of the tree species. A tree permit is required for removal or impacts to the tree. This is true for both public and residential trees.
Trees that have a DBH of 24 inches or larger may qualify as Heritage trees if only the following criteria are met:
- They are a specific species (like a live oak).
- There’s a variance required for removal or impacts that exceed code requirements.
- The variance can be administrative in nature.
- And there are greater penalties for unpermitted impacts.
Finally, trees that have a DBH of 30” or higher must allow for proposed variances to go through the public process.
What qualifies as removal of a ‘protected tree’?
Removal of a protected tree refers to excessive damage to the root system, excessive pruning, severing the trunk or uprooting the tree. A permit is required if one wishes to impact the regulated tree either above or below ground.
Who takes care of the permit process?
The City Arborist Program (CAP) administers the City of Austin’s Tree Ordinance. The issue permits to remove or impact regulated trees. CAP is located in the City’s Development Services department and is responsible for trees that will be impacted by this development. They make sure that the rules in the Land Development Code (LDC) and the Environmental Criteria Manual (ECM) are strictly adhered to during construction projects. CAP requires a formal review process for all regulated trees that may be negatively impacted during the development process.
What about permits for dead, diseased, and hazardous trees?
The City Arborist Program does take into account for the removal of protected trees. However, it must be proven that the health of the tree is in danger. Otherwise, it will not be approved to occur. This category of trees is special. It’s referred to as “Dead, Diseased, Imminent Hazard” (DDI). Permits to remove DDI trees can be obtained at no cost to the tree manager of owner through the normal permit process.
If you want to learn more about the City of Austin’s Tree Ordinance, visit the City Arborist Program’s website at https://www.austintexas.gov/page/tree-reviews-and-permitting. We hope you’ve enjoyed this article and look forward to bringing you more tree news you can use from Austin and other locals. Please note that we are still responding to requests from the February Ice Storm in Central Texas. We will get to your request as soon as we are able to. We apologize for the inconvenience and appreciate your support.
