Removing a tree may seem like a fairly simple endeavor. Though it’s not usually a job for a homeowner to take on themselves, it doesn’t seem too complicated: just give your local tree removal service a call, give them some details about the tree, and have them come out to take it down.
However, there may be an additional step to follow before your tree can be safely and legally removed. You may need to obtain a permit to have the tree taken out, but the process of getting these permits can be confusing. Never fear- you can read all about the process of tree removal permitting here. Or choose to visit our site at attleborotreeservice.com.
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When Do You Need Permission to Remove a Tree on Your Own Property?
For most general home repairs and improvements, you usually do not need to worry about getting a permit. After all, you’re making improvements to property that is legally your own. However, when it comes to trees, permitting works a bit differently.
Whether or not you will need a permit for tree removal usually depends on whether or not the tree in question is “significant.” A tree’s significance is determined its size, species, location, and any potential history it may have. Your city may have specific guidelines, but generally speaking, a tree 12 inches or more in diameter at chest height is considered significant.
Who Issues Tree Removal Permits?
If you’ve determined that you do need a permit to remove your tree, who should you call? The first step is to contact your city government. Generally, the city handles permits for things like tree removal and changing structures. If your neighborhood has a homeowners’ association, contact them too. They won’t issue the permit you need, but you may need to get the go-ahead from them beforehand as well.
Determining Who Owns the Tree
If the tree in question is on private property, the answer of ownership is usually fairly cut-and-dry: whoever owns the property, owns the tree. However, the ownership of trees in certain spots can be trickier to figure out.
Trees Hanging Over a Fence or Boundary
What if the tree in question is hanging over a fence or property line? In these cases, the tree legally belongs where its trunk stands. Even if the majority of the branches hang over to your neighbor’s yard, if the trunk itself sits on your property, then you own the tree.
Street or “Tree Lawn” Trees
The ownership of trees sitting on the narrow strip of grass between the street and the sidewalk, often known as the “tree lawn,” depends on your city. In most places, the owner of the closest property to the tree also owns the tree, but some municipalities take responsibility for the care and maintenance of street trees. Visit your city government’s website if you have questions about removing a street tree.
Protected Species
Certain species of trees are in danger of dying out and are therefore protected, just like endangered animals. If one of these species lives on your property, you legally own it. However, you still need a permit from the proper agency or authority to remove it, regardless of your ownership or the size of the tree.
Are There Fines for Cutting Down a Tree?
Though getting a permit for tree removal usually isn’t a lengthy process, bureaucracy can be frustrating to deal with at times. What happens if you decide not to wait for the proper permits and hire a tree removal service to remove the tree anyways?
If you choose to cut down a significant tree without the proper permit, there will usually be a fine or a citation as a consequence. The national average for these fines is around $10,000. Overall, it’s much less expensive to obtain the permit you need and hire a tree removal service to cut the tree down within the confines of the law.
Obtaining a Permit for Tree Removal
Now that you know a bit more about when a tree removal permit is required, let’s talk about the process of getting one. It depends on your city, but there is usually just one type of permit you will need to worry about: a general tree removal and replanting permit. It’s unlikely that you will need a different permit for specific types of trees, such as protected species- there should be a section to specify the type of tree on the permit application.
You can usually find tree removal permit applications on your city’s website; however, if you have trouble finding the forms or if your city does not have a website, try paying a visit to City Hall. They should be able to provide you with a permit application and answer any questions you may have.
There will probably be a fee that you need to pay when you turn in your permit application. In most cases, it is not excessive- usually in the range of $25 to $100, depending on how many trees you want to remove.
What Trees Can Be Removed Without a Permit?
Of course, there are certain trees that can be removed without a permit from the city. If a tree is not considered significant according to your city’s guidelines (reminder: trees greater than 12 inches in diameter at chest height are considered significant in most cities), it can be removed at the homeowner’s discretion. The tree in question also must not be a protected species or historically significant. Historical significance would be something akin to it being the oldest tree in town, or being on the site of a battle.
What If Removal Can’t Wait?
There are some cases when tree removal can’t wait and the permitting process may be expedited. There may be a section on the permit application to indicate whether the tree is diseased, dying, or damaged. After storms or high winds, a tree may become unstable to the point that a tree removal service must be called to remove the tree as soon as possible for the safety of the people who live near it.
