Do You Need a Permit to Remove a Tree?

The general picture

Across most of the Mid-South, removing a tree on private residential property that is not in a protected easement, not part of a subdivision landscape requirement, and not covered by an HOA restriction generally does not require a municipal permit.

Where it gets complicated, in roughly this order:

• Municipal tree protection ordinances. Some Mid-South cities protect trees over a certain diameter, protect specific species, or protect trees in designated districts. Germantown and Collierville are the two in this market most likely to have requirements that apply to you.
• Landmark and heritage tree designations. Individually protected trees, often historically significant. Collierville has a program of this kind.
• Commercial property and new development. Nearly always regulated. Site plans typically carry tree preservation and replacement requirements enforced through the permit.
• HOA and subdivision covenants. Not law, but binding on you, and boards do enforce them. Check before you schedule.
• Right-of-way and easement trees. A tree between the sidewalk and the street is frequently the city's, not yours. So is anything in a utility easement.
• Wetlands, floodways and riparian buffers. State and sometimes federal jurisdiction. Relevant along the Wolf, Loosahatchie and Hatchie corridors.

Where to check, by jurisdiction

The tree between the sidewalk and the street

That strip has a lot of names — verge, tree lawn, right-of-way. In most Mid-South municipalities the trees in it belong to the city even though you mow the grass. Removing one without authorization can bring a fine and a replacement requirement. If your tree is out past the sidewalk, ask first. We will help you figure out who owns it.

Utility lines

Trees growing into the primary distribution lines — the high lines at the top of the pole — are the utility's responsibility. In Memphis that means MLGW. Call them; it is generally free and it is not work a tree company should be doing.

The service drop — the line from the pole to your house — is usually the homeowner's responsibility, and that is work we can do. If the drop needs to be dropped for safety while we work, that gets coordinated with the utility first.

Building and developing

If you are clearing a lot to build, tree requirements almost certainly sit inside your site plan approval. Common obligations: preserving trees over a set caliper, replacing removed canopy at a specified ratio, protecting root zones with fencing during construction, and buffer plantings at property lines.

The expensive mistake is clearing first and reading the site plan second. Talk to your civil engineer or the planning department before the machines show up — and see land & lot clearing for how we approach selective clearing.