Tree rules in Washington DC: permits, protected trees and fees

This page reports what the official source says. It is not legal advice: ask the office named here. It describes six sections of the Urban Forest Preservation Act in the Code of the District of Columbia (sections 8-651.02, 8-651.04, 8-651.04a, 8-651.04b, 8-651.06 and 8-651.08) as read on the Council's code site on October 9, 2026, and two pages of the District's Urban Forestry site, Tree Preservation and Tree Permitting, also read October 9, 2026. The wider list of cities is on the guide to tree permits in the largest US cities.

Special and heritage trees

Section 8-651.02 measures a tree by circumference around the trunk at a height of 4 1/2 feet. It defines a special tree as one with a circumference between 40 inches and 100 inches and a heritage tree as one with a circumference of 100 inches or more. The Urban Forestry pages say the rules cover trees on private property and in the public parking area in front of a house. Section 8-651.04 makes it unlawful, without a special tree removal permit from the Mayor, to top, cut down, remove, girdle, break or destroy a special tree. Section 8-651.04a says the same for a heritage tree.

Item	What the Code says
Special tree permit	Section 8-651.04(b): the Mayor shall issue it where the applicant shows the tree is hazardous, shows it is of a species identified by regulation as appropriate for removal, or pays into the Tree Fund not less than US$55 for each inch of circumference
Heritage tree permit	Section 8-651.04a(b): the Mayor shall issue it where the applicant shows the tree is hazardous or of a species identified by regulation as appropriate for removal. The Mayor may issue one where the applicant states the tree will be relocated and replanted inside the District, and it is a violation if the tree dies within 3 years of replanting
Fine	Sections 8-651.04(d) and 8-651.04a(c): a violation or a failure to comply with permit conditions is subject to a fine of not less than US$300 for each inch of circumference of the tree
Inflation	Sections 8-651.04(e) and 8-651.04a(d): beginning July 1, 2029, and every 3 years after, the Mayor increases the fee and the fines by regulation to adjust for inflation

A hazardous tree, in section 8-651.02, is one that in the opinion of a certified arborist is defective, diseased, dying or dead and should be removed, poses a high risk of failure with potential to cause injury or damage, or damages property or structures in a way that cannot be mitigated except by removal. The Mayor can decide that a tree is not hazardous. Section 8-651.06 says nothing in the chapter stops the Mayor or an owner from removing a hazardous tree immediately, or any tree where removal is needed to address an imminent and substantial threat to safety. It also says an owner may not let a hazardous tree or part stand on the property, and gives the owner not less than 10 days of written notice, excluding weekends and holidays, after the Mayor identifies a hazard. The District can abate the hazard and bill the owner, and an unpaid bill becomes a tax lien.

Tree preservation plans

Section 8-651.04b says that before certain permits issue, the owner or the owner's agent submits a declaration listing the trees on the property, and trees on adjacent properties whose critical root zones extend into it, and whether each is a special or heritage tree. If the Mayor finds the work likely to violate the chapter, the owner must submit a Tree Preservation Plan for approval. The list of permits includes addition and alteration, demolition, excavation only, fence, foundation, garage, new building, retaining wall, scaffolding, swimming pool and tower crane permits, among others. The Code defines a critical root zone by a radius of at least 18 inches for each inch of tree diameter. The Urban Forestry page sets out two tiers: a Basic plan where less than 25 percent of a tree's critical root zone is affected, and an Advanced plan where more than 25 percent or any part of the structural root zone is affected. It adds that a plan includes three years of post-construction care.

Public space and who does the work

The Tree Permitting page says anyone who wants to plant, prune or remove a tree within the public right of way must first get permission from the Department of Transportation and the Urban Forestry Division through the Transportation Online Permitting System. It says trees in the public sidewalk area are the city's to maintain, while trees in the parking area between the sidewalk and the property line are the homeowner's, and that pruning of public trees follows the ISA ANSI Z133 safety standards for pruning. The division reserves the right to deny any public space permit that affects public trees.

Section 8-651.08 gives the Mayor stop work order powers. It says the Mayor must deny a construction permit application where the owner, applicant, general contractor, construction manager, home improvement contractor, arborist, landscape architect, tree removal specialist or responsible officer willfully or recklessly violated the chapter within the prior 3 years, except to address an imminent hazard. It says the Mayor shall revoke for 2 years a licence issued under subchapter I-A or I-B of Chapter 28 of Title 47 held by a person who willfully or recklessly violates the chapter while operating under it. It also says a person who knowingly hires an unlicensed landscape architect, arborist or tree removal business that then violates the chapter is penalized at triple the amount otherwise imposed. The Urban Forestry pages give 202-673-6813 for reports of illegal removal of special or heritage trees.

Tree rules in Washington DC: permits, protected trees and fees

Special and heritage trees

Tree preservation plans

Public space and who does the work

Sources