Removing a tree from your property might seem like a straightforward decision. Depending on where you live, it could come with legal considerations. Tree removal laws vary widely across cities, from local ordinances to permit processes. Understanding the legalities of tree removal before making any cuts or planning your landscape overhaul is important. Here’s a breakdown of what you need to know.
Can you be fined for improper tree removal?
Removing a tree without the proper permits or approvals can lead to fines, legal fees, mandated replacement planting, and liability for damages.
Disclaimer: The information in this blog post is intended for general guidance only and should not be considered legal advice. Regulations can vary by location, and laws may change over time. We strongly recommend consulting with your local municipality or a legal professional for specific advice. This will ensure you’re on the right side of the law when it comes to tree removal.
Do you need a permit to remove a tree?
In many areas, yes. Cities and municipalities often have tree protection ordinances to preserve urban canopies. These rules may require you to get a permit before removing:
- Trees over a certain size or trunk diameter
- Trees considered “heritage” or “landmark” species
- Trees located on public property or within conservation easements
- Protected or endangered species
Permit requirements often depend on the tree’s size, location, land type, and health. Some communities have strict guidelines, while others may only require a permit for commercial properties or multi-unit residences like apartments or townhomes.
Who owns the tree?
Ownership matters when it comes to tree removal. Always double-check your property boundaries before scheduling tree work. In general:
- A tree trunk entirely on your property is yours to remove, assuming it meets local codes.
- A tree that straddles a property line is typically considered shared, and you may need consent from your neighbor before removing it.
- Even if it borders your yard, a tree on city or public land is not yours to remove. Doing so could lead to fines or legal consequences.
What if a neighbor’s tree is a problem?
The rules get more complicated if your neighbor’s tree is leaning, overhanging your yard, or dropping branches on your property. Keep records, take photos, and always try to talk with your neighbor first. In most places:
- You can trim branches that cross into your property line, as long as it doesn’t damage the tree.
- You cannot enter a neighbor’s yard or remove the tree without their permission.
- You may be able to involve local code enforcement if the tree is clearly dead, dying, or a danger, and your neighbor refuses to act.
What if the tree is protected?
State or federal laws protect some trees. This can include:
- Trees in wetlands or conservation areas
- Trees that are part of a historic landmark
- Trees that serve as habitat for endangered species
Removing a protected tree without following the correct procedures can result in fines and legal action.
Calling a Professional
Tree removal comes with responsibilities. If you’re unsure about the legality or safety of removing a tree, a certified arborist from Abbott Tree Care can help. Our arborists are trained in tree health, structure, and local codes. We’ve helped countless homeowners and property managers in Illinois safely and legally remove trees. Our team is here to guide you through the entire process, from inspection to safe removal.
