Tree rules in Houston: permits, protected trees and fees
What Chapter 33 of the Houston Code of Ordinances says about street trees, protected trees on private land, the 20-day removal notice, caliper-inch replacement, tree protection during construction and the US$500 fine.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes Houston, Texas, Code of Ordinances chapter 33 as published on the Municode site and read on October 9, 2026: article V Trees, Shrubs and Screening Fences, division 1 (sections 33-101 to 33-110), and article VI Protection of Certain Trees (sections 33-151 to 33-161). The wider list of cities is on the guide to tree permits in the largest US cities.
Street trees: article VI
Section 33-151 defines a tree for this article as any tree of 20 caliper inches or more, or any tree of 1 1/2 caliper inches or more of a species on the street tree list. Caliper is measured 6 inches above the ground for trees up to 4 inches across, 12 inches above for trees over 4 and up to 8 inches, and 54 inches above for larger trees. Removal also covers actions likely to kill the tree, such as uprooting, cutting through the main trunk, harming the roots, and heavy pruning or topping.
Section 33-152 makes it unlawful to remove a tree that stands wholly or in substantial part within a street or the required pedestrian realm, or to do construction work within the dripline of such a tree. A tree is in substantial part in the street when half or more of the trunk area at ground level is there. The defences in section 33-153 are compliance with chapter 16 of the Infrastructure Design Manual of Houston Public Works, the prior written permission of the director of parks and recreation, or removal to make emergency utility repairs. Section 33-155 says the director weighs the age and condition of the tree and whether the action is reasonably required, and offers an informal hearing before a denial becomes final.
Section 33-160 sets a replacement requirement for any street tree removed. It is met by planting, one caliper inch for each caliper inch removed, or by paying per caliper inch into the tree fund at the rate in the city fee schedule, or both. A written notice of removal with a map goes to the department at least 20 days before removal. Planting follows within 30 days, or within six months where a documented assurance was filed. Section 33-161 separately bars removing tree canopy from trees of 10 caliper inches or more inside the right of way of a street designated walkable places or transit-oriented development, or within 10 feet of its edge (25 feet where the street is also a major thoroughfare), with exceptions for hazard removal and director-authorised pruning.
Protected trees on private land: article V
| Protected tree kind | What section 33-101 says |
|---|---|
| Parkway tree | A tree of a species on the street tree list in the parkway beside a parcel, with a caliper of 1 1/2 inches or more |
| Corridor tree | A street-tree-list species with a caliper of 20 inches or more in the building setback along a local street or a major thoroughfare |
| Green corridor tree | A street-tree-list species with a caliper of 15 inches or more in the setback of a designated green corridor |
| Designated tree | A tree the City Council designates on the owner's application for historical or arboricultural significance, under section 33-103 |
Section 33-105 sets the same pattern as article VI. No one removes a protected tree without meeting the replacement requirement (inch-for-inch planting or a payment into the fund) and filing a written notice with a map at least 20 days before removal. It is a defence that fire, wind storm, accident or another cause made the tree an immediate threat and the owner documented it and filed notice within ten days after removal. It is also a defence that a public utility or governmental body removed the tree where that was reasonably required for public facilities or utility systems. The section does not apply to a non-designated tree on land used or deed-restricted for single-family residential use, or to a tree on a building or parking lot site covered by division 2.
Section 33-107 bars construction activity within the dripline of a protected tree that stays, unless it follows chapter 16 of the Infrastructure Design Manual, with an exception for emergency utility repairs. Section 33-110 adds a rule for new single-family houses: no final building permit inspection approval without planting or keeping trees of at least 1 1/2 inches caliper. A site under 5,000 square feet needs one tree. A site of 5,000 square feet or more needs two new 1 1/2 inch trees, one 4-inch tree, or a mix of kept and planted trees. The director may excuse this and let the owner buy credits where space cannot hold even one tree.
Penalties
Section 33-158 says a violation of article VI is punishable by a fine of up to US$500, and each tree unlawfully removed is a separate offence. The city attorney may also sue to recover the reasonable value of the tree or the damage to it. Section 33-159 urges municipal courts to consider deferred disposition, with conditions that can include replacing or repairing damaged trees and community service in tree planting and care. Section 33-109 sets the same fine of up to US$500 for violations of article V.
Sources
- City of Houston, Code of Ordinances chapter 33 article VI Protection of Certain Trees, sections 33-151 to 33-161, on Municode, read October 9, 2026
- City of Houston, Code of Ordinances chapter 33 article V division 1, sections 33-102 to 33-110, on Municode, read October 9, 2026
- City of Houston, Code of Ordinances section 33-101 Definitions; figures; appendices, on Municode, read October 9, 2026