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Are you cutting down a protected tree illegally?

One of the City's arborists told KVUE they investigate 10 to 20 complaints a week about someone cutting down or over-pruning a protected tree.

AUSTIN, Texas — Protecting and preserving historic trees is not a new issue for Austin but, as the city grows and development booms, the people who take care of those trees want to make sure people know the rules.

One of the City's arborists, Daniel Priest, told KVUE they investigate 10 to 20 complaints per week about someone cutting down or over-pruning a protected tree. KVUE heard about one of those cases when a viewer reached out about what she believed to be a protected tree being cut down in her neighborhood.

"These trees, in a lot of cases, are the things that connect us to the history of this place," Priest said. "You can't just cut down a tree because you want to."  

Priest wrote the citation given to the neighbor who reached out to KVUE. The citation was for removing a protected tree without a permit

"The only activities that require a permit is removal of the tree, pruning 25% of the canopy, or disturbance of the root zone of the tree," explained Priest. "Standard maintenance pruning does not require a permit.” 

Priest said to figure out if a tree is protected, you measure the trunk 4.5 feet off ground level or the narrowest part of the trunk; if the diameter is 19 inches or larger, you need a permit to cut it down. 

Cutting down a protected tree without a permit is a Class C misdemeanor.

"You can be issued a citation, which means you have to appear in court," Priest said.

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It is also a land development code violation.  

"For a standard protected tree, for every inch in trunk diameter you remove, you have to replant one inch of new trees," said Priest. “If you cut down, for example, a 20-inch tree, you have to replant six or seven, three-inch caliber new trees.”

You also have the option to pay up instead.

“If you were going to make a payment in lieu of planting, it would be $200 per inch and, for the smallest protected tree, you are looking at about $4,000 worth of mitigation fees,” he said.

"It can get pretty expensive for your average homeowner, but when it's in the context of development and rising real estate prices, it is a drop in the bucket," said Priest.

Preist said as land values in Austin go up, the financial benefit of removing trees to accommodate development has gone up as well, but the penalties have stayed the same, and that's a challenge they face every day. 

The City arborists are holding a free workshop to learn how common residential construction projects can trigger the need for a tree permit. The workshop will also provide guidance on how to apply for a tree permit and provide helpful tips on tree care. Click here to sign up.

If you have any concerns about someone cutting down a protected tree, officials said to call 311.

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