Do You Need a Permit to Cut Down a Tree in Tyler, TX?
If you are a homeowner in Tyler, TX, you might be wondering if you can just fire up the chainsaw and remove that leaning Pine tree, or if you need permission from the City first.
The short answer? It depends on where you live and where the tree is standing.
While Texas generally defends property rights, the City of Tyler has specific ordinances (specifically Chapter 19) regarding tree preservation, especially in historic districts and public rights-of-way.
Here is everything you need to know to avoid fines and remove trees legally in Smith County.
1. The General Rule: Private Property
For the vast majority of homeowners in Tyler (outside of historic districts), you do NOT need a permit to remove a tree that is fully on your private property.
If you live in a standard subdivision like The Woods, Hollytree, or Copeland, and the tree is in your backyard:
- You can remove it.
- You can prune it.
- You can grind the stump.
The Exception: If the tree is a "Heritage Tree" or "Protected Tree" designated by a specific development plan (rare for single-family homes, common for commercial developers), you might need to check your HOA rules. But as far as the City is concerned, it’s your tree.
2. The "Right-of-Way" Trap
This is where most Tyler homeowners get into trouble.
The Right-of-Way (ROW) is the strip of land between your sidewalk and the curb (or the first 10-15 feet from the street if there is no sidewalk).
- Who owns the tree? technically, the City often controls this space.
- Who maintains it? You do (usually).
- Can I cut it down? NO.
If a tree is in the City Right-of-Way, you generally need permission from the Tyler Urban Forestry Division to remove it. If you cut down a street tree without a permit, you could face fines.
Pro Tip: If a street tree is dying or hazardous, call the City of Tyler first. They may come out and remove it for free if it poses a risk to public safety (traffic/pedestrians).
3. The Azalea District & Historic Zones
If you live in the Azalea Residential Historic District, the rules are stricter. The historic charm of the brick streets and massive Oaks is protected by law.
- The Rule: You cannot remove a "Protected Tree" (usually defined by diameter, often 10"+ DBH) without a Certificate of Appropriateness or a waiver.
- The Process: You must submit a request to the Historic Preservation Board.
- Exceptions: If the tree is dead, diseased (like Hypoxylon Canker), or an immediate hazard to the home, the process is expedited, but you still need that paper trail.
4. When DO You Need a Permit?
To summarize, you need to pick up the phone if:
- The tree is in the Azalea District or another Historic Overlay Zone.
- The tree is between the sidewalk and the street.
- You are clearing land for new construction (commercial or large residential developments require a Tree Preservation Plan).
5. What About Emergency Removal?
If a storm rolls through Smith County and a tree has fallen on your house, acts of God generally override the paperwork.
- Safety First: Stabilize the situation.
- Document: Take photos of the damage.
- Act: Call an emergency tree service.
However, if the tree is just leaning and hasn't fallen yet, and it's in a protected zone, it’s best to get an Arborist's report (which we provide) stating the tree is a hazard. This usually guarantees permit approval.
Summary
- Backyard in the suburbs? Cut it down.
- Brick streets in Azalea? Check with the City.
- Near the curb? Check with the City.
Need help determining if your tree is protected? We help homeowners navigate the Tyler Tree Ordinance every day. We can assess your tree, check the property lines, and handle the removal safely and legally.