Texas Protected Tree Mitigation and Local Ordinance Compliance

Why this matters

Texas tree-service crews working in Austin, Dallas, Houston, San Antonio, Fort Worth, Plano, Denton, and the Hill Country municipalities operate under city-level tree preservation ordinances that require permits before removal of "protected" or "heritage" trees, mitigation fees or replacement plantings tied to caliper inches, and pre-construction tree protection plans on most commercial work. The state's Local Government Code Section 212.905 (added by HB 1763 in 2017) caps a city's mitigation fee at certain credits for replacement plantings, but the underlying ordinance authority is local and varies city to city. A crew that drops a 24 in DBH oak in Austin without a permit can earn the customer (and the tree contractor as the visible cause) a five-figure civil penalty. This reference is the senior bidder's checklist before any removal job in a Texas municipality with an ordinance.

The state framework

Texas Local Government Code 212.905 caps fees that municipalities may charge for tree mitigation:

• Cities may not collect a tree mitigation fee on residential property of less than 5 acres if the owner replaces the removed tree with replacement plantings
• Replacement-planting credit applied against fee at a city-defined rate
• Diseased, dead, or storm-damaged trees exempt from the fee in most ordinances
• Trees that pose an imminent risk to person or property exempt with documentation
• Trees within building footprints typically subject to fee

The cap does not eliminate ordinances; it limits fees. The permit requirement, the protected-species list, and the criminal-penalty exposure are all unchanged.

City ordinances to verify before bidding

Each city's ordinance is searchable in its Code of Ordinances. Major cities your crew likely encounters:

• Austin: Land Development Code Title 25-8-Subchapter B (Tree and Natural Area Preservation). Protected trees defined as 19 in DBH or greater; heritage trees as 24 in DBH or greater for designated species (live oak, post oak, monterey oak, bur oak, pecan, American elm, cedar elm, Texas ash, bald cypress, Eastern red cedar, walnut, sycamore, big-tooth maple, Arizona walnut). Permit required for any cutting on protected or heritage trees.
• Dallas: Article X of the Dallas Development Code. Trees 8 in DBH or greater protected on commercial property; replacement schedule per caliper-inch removed.
• Houston: Chapter 33 of the Code of Ordinances. Different tiers; significant trees on commercial property.
• San Antonio: Unified Development Code Section 35-523. Heritage trees over 24 in DBH; mitigation fees per protected-tree caliper inch removed.
• Fort Worth: Tree Preservation Ordinance Sec. 6.302 of the Zoning Ordinance.
• Plano: City Code Chapter 12, Article XV.
• Denton: Tree Preservation Code, Sec. 35.13.
• Lakeway, Westlake, Highland Village, and many Hill Country municipalities: separate ordinances, often stricter on live oak and pecan.

Always pull the current ordinance text from the municipal code. Texas cities update tree codes regularly; using last year's spec is a fast way to mis-permit.

How "DBH" is measured for permit purposes

Diameter at Breast Height is measured 4.5 ft above natural grade per ANSI A300 Part 7. Local ordinances often specify:

• Single-stem tree: diameter at 4.5 ft
• Multi-stem tree: sum of stems above a threshold, or the largest stem, or a square-root sum-of-squares depending on ordinance
• Trees on a slope: measured from uphill side

Use a forestry-grade DBH tape (Spencer Loggers Tape with diameter scale) for any permit-driving measurement. A tree at 19.5 in DBH is "protected" in Austin; at 18.5 in it is not. Get this right and document with photos.

Permit-exempt removals (typical, verify per city)

Most ordinances exempt:

• Dead trees (documented dead, photographs required)
• Diseased trees that cannot be saved (often requires arborist letter on certification; ISA Certified Arborist credential typically accepted)
• Storm-damaged trees with structural failure beyond pruning repair
• Trees within an existing building footprint to be removed for permitted construction
• Emergency removals when life or limb is at imminent risk

Document the exempt status before cutting. Photographs, an ISA Certified Arborist letter, or a city inspector's verbal authorization captured on a timestamped email all serve as defenses if the city challenges later.

Mitigation calculation

After HB 1763 the typical formula is:

• Remove a protected tree: pay mitigation fee proportional to caliper inches removed, OR provide replacement plantings at a city-specified ratio
• Replacement credit usually expressed as inches of replacement caliper per inch removed (some cities 1:1, some 1:2 or more depending on tree class)
• Cap on fee per Section 212.905 for residential properties under 5 acres

In Austin specifically, the Critical Root Zone (CRZ) protection rules in 25-8 also apply during construction. Damage to the CRZ that kills the tree later triggers mitigation as if the tree had been removed at permit time.

Penalties

City civil penalties vary; common ranges:

• Austin: up to USD 2,000 per violation per day under Class C criminal charges; civil penalties separate
• Dallas: USD 500 to USD 2,000 per tree per day for removal without permit
• Houston: civil penalty plus mitigation fee
• San Antonio: USD 500 to USD 2,000 per violation

A typical heritage live oak removed without permit in Austin produces a combined fee plus mitigation plus replacement requirement that can exceed USD 50,000 for the property owner. Customers will pursue the contractor as proximate cause in some cases.

Workflow your office should run

Before bidding any removal in a Texas city with a tree ordinance:

1. Confirm the address against the city's GIS to identify zoning and tree-protection jurisdiction
2. Identify the species and measure DBH with a forestry tape
3. Pull the current ordinance text for the city
4. Determine whether the tree is protected, heritage, or unprotected
5. If protected: file the permit before scheduling the work; do not start cuts until permit issued
6. If exempt (dead, diseased, imminent risk): document the exempt status with photos and an ISA Certified Arborist letter
7. Quote the customer separately for the permit fee and any mitigation costs
8. Keep all permit records and inspection sign-offs in the Manuall customer file

ISA Certified Arborist on staff

References

• Texas Local Government Code Section 212.905 (HB 1763, 85th Legislature, 2017)
• City of Austin Land Development Code Title 25-8, Subchapter B
• City of Dallas Development Code Article X
• City of Houston Code of Ordinances Chapter 33
• City of San Antonio Unified Development Code Section 35-523
• ANSI A300 Part 7, Tree, Shrub, and Other Woody Plant Management Standard Practices (Integrated Vegetation Management)
• ISA Best Management Practices for Tree Risk Assessment