Protection of Trees
Biloxi Land Development Ordinance § 23-6-4(E)
in effect(E) - Protection of Trees
(1) Applicability
a. All development in the city shall be required to support the preservation and replenishment of trees, specifically those described as protected trees, as defined in Section 23-10-2, Terms and Uses Defined, in accordance with this subsection.
(2) General Requirement
a. No protected tree may be removed, relocated, subjected to major pruning, pushed over, or intentionally harmed except in accordance with Section 23-6-4(E)(3), Removal of a Protected Tree. b. Paving or Soil Compaction Prohibited. If at all possible, the area within the drip line of any protected tree shall not be subject to paving or soil compaction greater than ten percent of the total area within the drip line . (See Figure 23-6-4(G)(2)b, Paving or Soil Compaction Prohibited.)
(3) Removal of a Protected Tree
Protected trees may be removed, relocated, or major pruned if the landowner demonstrates to the Director of Community Development that one of the following conditions is met (a or b):
a. Removal, relocation, or major pruning of a healthy protected tree. A protected tree is in healthy condition, and all of the following standards under 'a' are met:
1. The landowner is otherwise in compliance with this section;
2. The protected tree prevents development of a lot in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 23-3: Zoning Districts, Article 23-5: Intensity and Dimensional Standards, Article 23-6: Development Standards, or Article 23-7: Subdivision Standards; and
3. Mitigation is provided in accordance with Section 23-6-4-E(4), Replacement/Mitigation of Protected Trees.
b. Removal, relocation, or major pruning of a diseased, high risk, or dying protected tree. A protected tree is certified by an arborist or other ISA certified professional as diseased, high risk, or dying. Removal of a diseased, high risk, or dying protected tree shall not require mitigation in accordance with Section 23-6-4(E)(4), Replacement/Mitigation of Protected Trees.
(4) Replacement/Mitigation of Protected Trees
Anyone causing the removal, relocation, or major pruning of a healthy protected tree, unless exempted, shall be responsible for the following mitigation:
a. Replacement Trees Required
All healthy protected trees removed, relocated, or major pruned shall be mitigated according to the table below with a minimum of two-inch caliper trees and a minimum height of six feet at planting. The replacement trees shall be replanted within six months of the removal or destruction of the protected tree.
See Chart Below
Diameter of tree removed | # of mitigated trees
9 - 14 in. | 4
15 - 20 in. | 5
21 - 26 in. | 6
27 - 32 in. | 7
33 - 38 in. | 8
39 - 44 in. | 9
For every additional 6 inches of tree diameter, one additional tree is required for mitigation.
b. Mitigation Species shall be a protected tree (Live Oak, Bald Cypress, or Southern Magnolia)
c. Location of Replacement Trees
Replacement trees shall be either planted on the parcel of land from which the protected tree was removed, if sufficient space is available, or placed on City-owned properties in accordance with Section 23-6-3(I), Alternative Landscape Plan. The Director of Community Development may allow replacement trees to be planted to provide street trees in accordance with the standards in Section 23-6-3(F), Street Trees.
d. Mitigation Trust, in lieu of mitigation plantings
If the developer does not have the space to plant the mitigation trees onsite, they may elect to donate to the Mitigation Trust in lieu of planting mitigation trees. The donation amount will be based on the number of mitigation trees required by the cost of the purchase, planting and maintenance (Purchase Price × 2 = Cost of Mitigation Purchase, Planting, Watering and Maintenance).
1. The City will establish a Mitigation Trust account to receive funds from developer in lieu of off-site mitigation.
2. All Mitigation Trust planting projects shall be planted on city-owned property with protected species, or from approved City of Biloxi tree species list as defined herein, and recommended by Planning Commission and approved by City Council prior to disbursing any funds from the Mitigation Trust account and will be used exclusively for mitigation trees in accordance with the Biloxi Comprehensive Beautification Plan.
3. All Mitigation Trust planting sites will be documented in the Biloxi Comprehensive Beautification Plan.
e. Establishment Period
Replacement trees shall be maintained through an establishment period of at least three years following the issuance of the Certificate of Occupancy. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs (See Section 23-7-9, Performance and Maintenance Guarantees.). If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.
f. Trees removed on residential home sites are exempt from the requirements of this section.
Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/land_development_ordinance?nodeId=ART23-6DEST_4TRPR_EPRTRFetched: 11/2/2026