Removal of protected trees.
Houston Code of Ordinances § 33-105
in effectSec. 33-105. - Removal of protected trees.
(a) The provisions of this section shall be applicable to the removal of a protected tree unless:
(1) The tree is situated upon the site of a construction or enlargement of a building or parking lot such that division 2 of this article is applicable; or
(2) The tree is not a designated tree and is situated upon a tract or parcel of land devoted by use or by valid deed restrictions or covenants running with the land to single-family residential use;
and the term "protected tree" is so restricted as used in this section.
(b) No person shall cause a protected tree to be removed without complying with a protected tree replacement requirement, which may be satisfied as follows:
(1) By the planting anywhere on the tract or parcel of land where the protected tree to be removed is situated or in the adjacent parkway area of additional trees on the basis of one caliper inch of tree planted for one caliper inch of tree removed;
(2) By contributing to the fund created under section 33-123(a)(2) of this Code an amount equal to:
a. If the tree is a parkway tree, the fee stated for this provision in the city fee schedule per caliper inch of tree removed; or
b. If the tree is a corridor tree or green corridor tree, the fee stated for this provision in the city fee schedule per caliper inch of tree removed; or
c. A combination of the foregoing;
any or all of which shall be subject to a cost adjustment from January 2002 in accordance with the formula established in the definition of the term "cost adjustment."
Installation of trees provided shall be subject to the planting standards established in division 2 of this article, and the trees shall be planted within 30 days following the removal of the tree unless a documented assurance of planting is provided to the department with the notice, in which case the trees shall be placed within six months of the removal of the trees. A documented assurance may be provided in the same manner as under section 33-132(b) of this Code. A variance may be requested in the same manner provided in sections 33-135 through 33-137 of this Code. Additionally, the mitigation provisions of section 33-138 of this Code shall be applicable to trees that are provided in order to satisfy a protected tree replacement requirement.
(c) No person shall cause a protected tree to be removed without first filing with the department a written notice of removal of the protected tree, which must be filed at least 20 days prior to the removal. The notice shall include a map depicting the tract or parcel of land upon which the protected tree or trees to be removed are situated and shall demonstrate the manner in which the protected tree replacement requirement will be provided.
(d) It is an affirmative defense to prosecution under this section that the protected tree sustained damage from fire, wind storm, accident or other cause such that the protected tree became an immediate threat to persons or property, provided that the owner of the tree caused the circumstances to be documented and filed written notice of the removal with the department within ten days following the removal of the tree.
(e) It is a defense to prosecution under this section that the protected tree was removed by or on behalf of a public utility or a governmental entity and that its removal without notice was reasonably required for the maintenance or installation of public facilities or utility systems.
(f) The planning official shall promulgate forms of notices and procedures under this section. A map need not be prepared in the form of a survey map, provided that it shall provide sufficient information to unmistakably identify the protected tree that is to be removed and the location of any tree that is to be planted in order to provide the protected tree replacement requirement, as well as the species and caliper of each tree. If the owner elects to make a contribution to the fund created under section 33-123(a)(2) of this Code, then the contribution shall be tendered with the notice. No provision of this section shall be construed to require city personnel to review any notice filed under this section for accuracy or sufficiency or to perform any site inspection of trees for which notices are filed.
(g) No provision of this article shall be deemed to excuse compliance with article VI of this chapter. If a notice of removal calls for the removal of a tree situated in a public right-of-way that is protected under article VI, then written permission for its removal issued by the department of parks and recreation shall be submitted with the notice of removal that is required under subsection (c), above.
(Ord. No. 03-159, § 5, 2-12-03; Ord. No. 09-84, § 5, 2-11-09; Ord. No. 2011-1168, § 13, 12-14-2011)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH33PLDE_ARTVTRSHSCFE_DIV1GE_S33-105REPRTRFetched: 10/26/2026