Is It Illegal to Cut Down Trees on Your Property in Texas?

Tree Ownership vs. Tree Law in Texas

Can you legally cut down a tree on your own property in Texas? The short answer is: it depends. While property rights generally give landowners freedom to manage vegetation on their land, state laws, city ordinances, and protected tree regulations may limit your options.

At Quality Tree Service DFW, we help homeowners across Denton County and the Dallas-Fort Worth Metroplex navigate these regulations every day. Understanding the legal landscape before you pick up a chainsaw—or hire a tree service—can save you from fines ranging from hundreds to tens of thousands of dollars.

This comprehensive guide explains Texas tree laws, local DFW ordinances, when you need permits, and how to legally remove trees from your property.

Understanding Property Rights in Texas

Texas has strong private property rights, but they’re not unlimited. Your right to cut trees is balanced against:

Community Standards

Cities can regulate tree removal to:

• Preserve urban canopy
• Maintain property values
• Protect environmental resources
• Ensure public safety

Heritage and Protected Trees

Some trees are protected based on:

• Age (often 50+ years)
• Size (typically 24+ inches in diameter)
• Species (native or historically significant)
• Location (historic districts, conservation areas)

Neighbor Rights

You must consider:

• Boundary trees (shared with neighbors)
• Overhanging branches
• Root systems crossing property lines
• View obstruction disputes

Texas State Law on Tree Removal

At the state level, Texas law is relatively permissive about tree removal on private property. However, there are important exceptions:

Protected Species

Texas Parks and Wildlife protects certain species including:

• Pecan trees on state property
• Texas madrone in limited areas
• Live oaks in some coastal regions

Environmental Regulations

Federal and state environmental laws protect:

• Wetlands – trees in designated wetlands may require permits
• Endangered species habitat – trees hosting protected species
• Stream buffers – vegetation within certain distances of waterways

General Timber Harvesting

If you’re harvesting timber commercially, you may need:

• Texas Forest Service notification
• Professional forester consultation
• Compliance with Best Management Practices

For most residential tree removal, state law defers to local ordinances.

DFW City Ordinances: What You Need to Know

Each city in the Dallas-Fort Worth Metroplex has its own tree protection ordinances. Here’s what you need to know for major DFW cities:

Dallas Tree Ordinances

Dallas has some of the strictest tree protection laws in Texas.

Protected Trees:

• Any tree 24+ inches in diameter (measured 4.5 feet above ground)
• Any tree in a Historic Overlay District
• Heritage trees designated by the city

Permit Requirements:

• Required for all protected tree removal
• Application fee: $52 per tree
• Must provide justification (disease, hazard, construction)
• May require mitigation (planting replacements)

Exceptions:

• Dead or dying trees (may still require permit)
• Immediate hazards (with documentation)
• Fruit/nut trees under 6 inches diameter

Penalties: Up to $2,000 per tree illegally removed

Fort Worth Tree Protection

Fort Worth’s ordinances focus on development and construction:

Protected Areas:

• Trees in Significant Natural Areas
• Trees during new construction/development
• Protected during subdivision development

Residential Property: Generally, homeowners can remove trees without permits on existing developed lots, except:

• Heritage trees
• Trees in protected natural areas
• Trees required for previous development approvals

Denton Tree Ordinances

Denton balances property rights with urban forestry goals:

Protected Trees:

• Heritage trees (designated by city)
• Trees in environmentally sensitive areas
• Trees in commercial/multi-family developments

Residential Requirements:

• Most single-family homeowners can remove trees without permits
• Must not create public nuisance or safety hazard
• Cannot remove trees to circumvent development requirements

Commercial/Development: Strict tree preservation and replacement requirements

McKinney Regulations

McKinney protects trees primarily during development:

When Permits Are Required:

• Commercial property tree removal
• New construction/development
• Trees in protected areas

Residential Freedom: Homeowners typically have broad rights to remove trees on developed residential lots

Frisco Tree Protection

Frisco’s ordinances focus on preservation during growth:

Protected Categories:

• Trees during development
• Specimen trees (24+ inches diameter) in certain zones
• Trees in conservation easements

Plano Tree Guidelines

Plano emphasizes sustainable urban forestry:

Removal Permits Required For:

• Development and construction
• Commercial properties
• Trees in protected natural areas

Residential Property: Generally permissive for homeowners on existing lots

Flower Mound and Lewisville

Both cities have moderate tree protection:

Flower Mound:

• Focuses on development-related tree preservation
• Heritage trees protected
• Residential properties generally unrestricted

Lewisville:

• Similar development-focused approach
• Protects trees in environmentally sensitive areas
• Few restrictions on residential removal

When You Need a Permit in the DFW Area

Across DFW cities, you typically need a permit when:

Size Thresholds

• Trees exceeding diameter limits (usually 24 inches)
• Multiple tree removal exceeding cumulative totals
• Trees in protected size classes

Location Factors

• Historic districts or overlay zones
• Conservation or environmental areas
• Floodplains or stream buffers
• Public right-of-way or easements

Property Type

• Commercial properties
• Multi-family developments
• During construction or land development
• Properties with previous tree preservation requirements

Special Designations

• Heritage trees
• Champion or landmark trees
• Trees in forest preserves
• Trees part of HOA covenants

How to Get a Tree Removal Permit

If you need a permit, the process typically involves:

Step 1: Determine Requirements

Contact your city’s planning or urban forestry department to:

• Confirm if permit is needed
• Get application forms
• Understand specific requirements

Step 2: Gather Documentation

You’ll typically need:

• Property survey showing tree locations
• Photos of trees to be removed
• Justification (disease, hazard, construction plans)
• Site plan or tree survey
• Arborist report (for some applications)

Step 3: Submit Application

Applications typically include:

• Completed forms
• Supporting documentation
• Fee payment ($50-$500 depending on city)
• Timeline for proposed removal

Step 4: Wait for Approval

Review periods vary:

• Fast-track (hazard): 24-48 hours
• Standard: 2-4 weeks
• Complex cases: 4-8 weeks

Step 5: Comply with Conditions

Permits may require:

• Using licensed/insured tree services
• Planting replacement trees
• Protection of remaining trees
• Timing restrictions (bird nesting season)
• Cleanup and disposal requirements

Quality Tree Service DFW can help with the entire permit process, including documentation and arborist reports.

Trees You Can Remove Without Permits

In most DFW cities, you can remove without permits:

Dead or Dying Trees

• Must be genuinely dead (not dormant)
• May still require documentation
• Some cities still want notification

Immediate Hazards

• Trees threatening structures
• Storm-damaged trees
• Trees on/near power lines
• Severe leaning or splitting

Document with photos before removal!

Small Trees

• Under diameter thresholds (varies by city)
• Ornamental or fruit trees (some cities)
• Non-native invasive species

Private Development

On your existing residential lot (outside development/construction), most cities allow removal of:

• Non-protected trees
• Trees under size limits
• Trees not in sensitive areas

Penalties for Illegal Tree Removal

Cutting protected trees without permits can result in:

Fines

• Dallas: Up to $2,000 per tree
• Fort Worth: Up to $2,000 per violation
• Other DFW cities: $500-$2,000 per tree

Mitigation Requirements

• Plant multiple replacement trees
• Pay for tree value replacement
• Restore disturbed areas
• Install protection for remaining trees

Legal Action

• Stop-work orders on construction
• Liens on property
• Denial of building permits
• Civil lawsuits from neighbors
• Criminal charges in extreme cases

Property Value Impact

Illegal removal can:

• Reduce property value
• Complicate sales
• Affect insurance
• Create disclosure requirements

Special Considerations: HOA Rules and Covenants

Even where city law permits tree removal, your Homeowners Association may restrict it:

HOA Authority

HOAs can require:

• Approval for any tree removal
• Specific tree species/density
• Replacement requirements
• Aesthetic standards

Enforcement

HOAs can:

• Fine homeowners
• Require restoration
• Place liens on property
• Take legal action

Always check your HOA covenants before removing trees.

Boundary Trees and Neighbor Disputes

Trees on property lines create special legal issues:

Shared Ownership

• Both neighbors own boundary trees
• Both must agree to removal
• Both share maintenance responsibility
• Both entitled to tree benefits

Overhanging Branches

Texas law generally allows you to:

• Trim branches over your property line
• Cut roots on your side (carefully)
• Cannot enter neighbor’s property without permission

When Neighbors Disagree

If disputes arise:

• Document everything
• Seek mediation
• Consider arborist opinion
• Consult attorney if necessary
• Avoid self-help (cutting without agreement)

Working with Certified Arborists and Tree Services

When navigating tree removal regulations:

Benefits of Professional Help

Legal Compliance:

• Know local ordinances
• Secure proper permits
• Document tree conditions
• Provide expert reports

Risk Management:

• Liability insurance
• Proper equipment
• Safety protocols
• Workers’ compensation

Quality Work:

• Proper removal techniques
• Property protection
• Complete cleanup
• Stump grinding options

Choosing a Tree Service

Look for companies that:

• Are licensed and insured
• Understand local ordinances
• Offer free consultations
• Provide written estimates
• Have certified arborists on staff

Quality Tree Service DFW employs ISA-certified arborists who understand DFW regulations and can help you navigate the permit process.

Environmental and Ethical Considerations

Beyond legal requirements, consider:

Environmental Benefits of Trees

• Air quality improvement
• Carbon sequestration
• Stormwater management
• Wildlife habitat
• Temperature moderation

Property Value Impact

Mature trees increase property value by:

• 7-19% according to studies
• Providing curb appeal
• Reducing energy costs
• Creating desirable neighborhoods

Alternatives to Removal

Before removing healthy trees:

• Consider pruning/trimming
• Consult arborist about treatment
• Evaluate true necessity
• Explore tree preservation options

Frequently Asked Questions

Can I cut down any tree on my property in Texas?

Generally yes, but check your local city ordinances first. Many DFW cities require permits for large trees (24+ inches diameter), trees in certain locations, or protected species. HOA rules may also apply.

Do I need a permit to remove a dead tree?

It depends on your city. Some require permits even for dead trees, while others exempt them. Always document that the tree is dead (photos, arborist report) before removal.

What happens if I cut down a tree without a permit?

You may face fines ($500-$2,000+ per tree), be required to plant replacement trees, or face legal action. In Dallas, penalties can be particularly severe for protected trees.

How do I know if my tree is protected?

Check with your city’s planning or urban forestry department. Protected trees are typically those over 24 inches in diameter, heritage trees, or trees in special zones. Quality Tree Service DFW can help assess your tree’s status.

Can my HOA prevent me from removing trees even if the city allows it?

Yes. HOA covenants can be more restrictive than city ordinances. Always check your HOA rules before removing trees.

What if a tree is dangerous and might fall on my house?

Most cities have expedited permit processes for hazardous trees. Document the hazard with photos and an arborist report. In emergencies, removal may be allowed immediately with proper documentation.

Do I need permission to trim a tree that hangs over my property from my neighbor’s yard?

Texas law generally allows you to trim branches that overhang your property line, but you cannot enter your neighbor’s property without permission. It’s best to discuss with your neighbor first.

How long does it take to get a tree removal permit?

Processing times vary by city: 24-48 hours for hazardous trees, 2-4 weeks for standard applications, up to 8 weeks for complex cases.

Conclusion: Know Before You Cut

Understanding tree removal laws in the Dallas-Fort Worth area protects you from costly fines, legal disputes, and potential property damage. While Texas generally respects property rights, local ordinances, protected trees, and HOA rules can significantly restrict your ability to remove trees.

Before removing any tree from your property:

1. Check your city’s specific ordinances
2. Determine if the tree is protected
3. Review your HOA covenants
4. Obtain necessary permits
5. Consider environmental and property value impacts
6. Hire licensed, insured professionals

Quality Tree Service DFW has extensive experience navigating tree removal regulations across Denton County and the DFW Metroplex. Our certified arborists can:

• Assess whether your tree removal requires a permit
• Prepare documentation and applications
• Provide expert reports for permit applications
• Execute safe, legal tree removal
• Handle all aspects of compliance

Don’t risk illegal tree removal. Contact Quality Tree Service DFW:

• Free Consultations: (214) 407-2385
• Request Online Estimate: Get Started
• Service Area: Denton, Dallas, Fort Worth, and throughout the DFW Metroplex

We’ll help you remove trees legally, safely, and professionally—every time.

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• Emergency Tree Service
• Stump Grinding and Removal