Heritage Trees.

Austin City Code tit. 25, ch. 25-8, subch. B, art. 1, div. 3

in effect

Austin City Code § 25-8-641 REMOVAL PROHIBITED.

§ 25-8-641 - REMOVAL PROHIBITED. (A) Removal of a heritage tree is prohibited unless the Planning and Development Review Department has issued a permit for the removal under this division. (B) A permit to remove a heritage tree may be issued only if a variance is approved under Section 25-8-642 (Administrative Variance) or 25-8-643 (Land Use Commission Variance). (C) The requirements in this division apply to trees on private and public property. To the extent of conflict with another section of the Code, this division applies. (D) A person may, without a variance, remove a damaged heritage tree that is an imminent hazard to life or property if the tree is removed within seven days of being damaged. The director may extend this deadline for widespread and extensive storm damage. Source: Ord. 20100204-038.

Austin City Code § 25-8-642 ADMINISTRATIVE VARIANCE.

§ 25-8-642 - ADMINISTRATIVE VARIANCE. (A) The director of the Planning and Development Review Department may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree only after determining, based on the city arborist's recommendation, that the heritage tree: (1) is dead; (2) is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree; or (3) is diseased and: (a) restoration to sound condition is not practicable; or (b) the disease may be transmitted to other trees and endanger their health. (B) No application fee and no mitigation are required for a variance request under subsection (A). (C) The director of the Planning and Development Review Department may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree that does not have at least one stem that is 30 inches in diameter or larger measured four and one-half feet above natural grade only after determining, based on the city arborist's recommendation, that the heritage tree meets the criteria in Section 25-8-624(A) (Approval Criteria) and that: (1) the applicant has applied for and been denied a variance, waiver, exemption, modification, or alternative compliance from another City Code provision which would eliminate the need to remove the heritage tree, as required in Section 25-8-646 (Variance Prerequisite); and (2) removal of the heritage tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage tree will result in a design that will allow for the maximum provision of ecological service, historic, and cultural value of the trees on the site. (D) A variance granted under this section: (1) shall be the minimum change necessary; (2) shall require mitigation as a condition of variance approval for variances requested under Subsection (C) of this section; and (3) may not be issued until the applicant has satisfied the mitigation conditions required under this Subsection (D)(2) or posted fiscal security adequate to ensure performance of the mitigation conditions not later than one year after issuance of the variance. (E) The director of the Planning and Development Review Department shall prepare written findings to support the grant or denial of a variance request under Subsection (C) of this Section. Source: Ord. 20100204-038.

Austin City Code § 25-8-643 LAND USE COMMISSION VARIANCE.

§ 25-8-643 - LAND USE COMMISSION VARIANCE. (A) The Land Use Commission may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree that has at least one stem that is 30 inches or larger in diameter measured four and one-half feet above natural grade only after determining, based on the city arborist's recommendation, that the heritage tree meets the criteria in Section 25-8-624(A) (Approval Criteria), and that: (1) the applicant has applied for and been denied a variance, waiver, exemption, modification, or alternative compliance from another City Code provision which would eliminate the need to remove the heritage tree, as required in Section 25-8-646 (Variance Prerequisites); and (2) removal of the heritage tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage tree will result in a design that will allow for the maximum provision of ecological service, historic, and cultural value of the trees on the site. (B) A variance granted under this section: (1) shall be the minimum change necessary; (2) shall require mitigation as a condition of variance approval; and (3) may not be issued until the applicant has satisfied the mitigation conditions required under this Subsection (B)(2) or posted fiscal security adequate to ensure performance of the mitigation conditions not later than one year after issuance of the variance. (C) Consideration of a variance under this section requires review by the Environmental Commission. Source: Ord. 20100204-038; Ord. No. 20141211-204, Pt. 24, 7-1-15; Ord. No. 20170615-102, Pt. 28, 6-15-17.

Austin City Code § 25-8-644 APPEAL.

§ 25-8-644 - APPEAL. (A) An applicant may appeal denial of an administrative variance under Section 25-8-642 to the Land Use Commission. (B) An appeal under this section requires review by the Environmental Commission. Source: Ord. 20100204-038; Ord. No. 20141211-204, Pt. 24, 7-1-15; Ord. No. 20170615-102, Pt. 29, 6-15-17.

Austin City Code § 25-8-645 APPLICATION FOR VARIANCE.

§ 25-8-645 - APPLICATION FOR VARIANCE. (A) For a heritage tree located on public property or a public street or easement, an application requesting a variance to allow removal of the heritage tree may be filed by: (1) a City department, public utility, or political subdivision with the authority to install utility lines or other public facilities in or above the property, street, or easement; or (2) the owner of property adjoining the site of the tree. (B) For a heritage tree located on private property, an application requesting a variance to allow removal of the heritage tree may be filed by: (1) the owner of the property on which the tree is located; or (2) the city arborist, if the tree is seriously diseased or is a safety hazard. (C) An application requesting a variance to allow removal of a heritage tree must: (1) be filed with the director of the Planning and Development Review Department; and (2) include the fee prescribed by ordinance; and (3) include the information prescribed by the Administrative Criteria Manual. (D) The application fee is not required if the application is based solely on the criteria in Subsections 25-8-624(A)(3), (4) or (5). Source: Ord. 20100204-038.

Austin City Code § 25-8-646 VARIANCE PREREQUISITE.

§ 25-8-646 - VARIANCE PREREQUISITE. (A) If a variance, waiver, exemption, modification, or alternative compliance from another City Code provision would eliminate the need for a variance from Section 25-8-641 (Removal Prohibited), before requesting a variance to allow removal of a heritage tree on private property the applicant must: (1) request a variance, waiver, exemption, modification or alternative compliance from the Code provisions that would eliminate the need to remove the heritage tree; and (2) obtain a grant or denial of the variance, waiver, exemption, modification or alternative compliance that would eliminate the need to remove the heritage tree. (B) The request for a variance to allow removal of a heritage tree may not be considered unless the variance, waiver, exemption, modification or alternative compliance from other City Code provisions is denied. (C) The application fee for a variance from another City Code provision required under this section is waived. (D) This section does not apply to an application for a variance to remove a heritage tree based on the criteria in Subsections 25-8-624(A)(3), (4) or (5). (E) The body considering the variance, waiver, exemption, modification, or alternative compliance will consider the benefit of preserving the heritage tree in determining whether to grant or deny the request for a variance, waiver, exemption, modification or alternative compliance from another City Code provision. (F) This subsection does not require an applicant to request a variance, waiver, exemption, modification, or alternative compliance if the director determines that to do so would endanger the public health and safety. Source: Ord. 20100204-038.

Austin City Code § 25-8-647 ACTION ON APPLICATION.

§ 25-8-647 - ACTION ON APPLICATION. (A) The director of the Planning and Development Review Department shall take action on a variance request to allow removal of a heritage tree: (1) not later than the 10th working day after the complete application is filed; or (2) if a variance, waiver, exemption, modification, or alternative compliance from another City Code provision is required under Subsection 25-8-646 (Variance Prerequisite), not later than the 10th working day after the request is denied. (B) If the application is based on a damaged heritage tree constituting an immediate hazard to life or property, the application shall be approved or denied within 24 hours and no application fee is required. (C) An application to remove a tree that is not associated with a pending subdivision, site plan, or building permit application submitted to the City is automatically granted if the director does not act on the application before the expiration of the applicable deadline. Source: Ord. 20100204-038.

Austin City Code § 25-8-648 VARIANCE EFFECTIVE DATE AND EXPIRATION.

§ 25-8-648 - VARIANCE EFFECTIVE DATE AND EXPIRATION. (A) Approval of a variance request to allow removal of a heritage tree is effective immediately. (B) A variance to allow removal of a heritage tree expires: (1) one year after its effective date, provided that the mitigation conditions in the variance remain in effect until the conditions are met; or (2) for an application that is associated with a pending subdivision, site plan, or building permit submitted to the City, when the development permit expires. Source: Ord. 20100204-038.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-8EN_SUBCHAPTER_BTRNAARPRENSP_ART1TRNAARPR_DIV3HETRFetched: 10/27/2026