Can I Cut Down a Tree on My Property in Tyler?

This is the #1 question we get from homeowners in Smith County. The answer, as with most legal things, is: It depends.

The City of Tyler is known as "The Rose City," but it also takes pride in its urban canopy. The Tyler Tree Preservation Ordinance (Chapter 19 of the Code of Ordinances) protects certain trees from removal, especially during construction or commercial development.

However, for residential homeowners, the rules are often misunderstood.

1. What is a "Protected Tree"?

In Tyler, a tree is generally considered "Protected" if it meets certain size criteria (typically measured by Caliper inches at chest height) and is a desirable species (like Oaks, Pecans, and Elms).

If you live in a Historic District (like the Azalea District), the rules are much stricter. You almost always need a Certificate of Appropriateness (COA) from the Historic Preservation Board before removing a visible tree.

2. The "Hazardous Tree" Exemption

Here is the good news for homeowners dealing with storm damage or dead trees: Hazardous trees are typically exempt from preservation fees.

If a tree is:

Dead or dying (verified by an arborist).
Structurally unstable (leaning dangerously).
Causing damage to a foundation or utility line.
Infected with a communicable disease (like Pine Bark Beetles or Hypoxylon Canker).

You generally have the right to remove it to protect your property.

But there is a catch: You should document the hazard before you cut it down.

3. How We Handle Compliance

We don't just cut trees; we protect you from fines.

When we assess a tree for removal, we check:

Is it in the Right-of-Way? (Between sidewalk and street). If so, it's the City's tree/problem, or you need a permit.
Is it a Heritage Tree? (Massive, healthy specimen).
Is it Hazardous?

If the tree is hazardous, we note this in our quote. If the city ever questions why you removed that large Oak, our invoice serves as your proof that a professional deemed it a safety risk.

4. Construction & Development

If you are clearing a lot for a new home or pool, do NOT just start bulldozing. You need a Tree Preservation Plan filed with your building permit. Removing trees without this can stop your project and result in heavy fines per inch of tree removed.

Summary

Dead/Dangerous? Usually okay to remove (Document it!).
Historic District? Permit required.
New Construction? Permit required.
Right-of-Way? City permission required.

Disclaimer: We are arborists, not lawyers. This guide is for informational purposes based on our experience working in Tyler, TX. Always check the official City of Tyler Code of Ordinances for the most current regulations.