Travis Texas Tree Protection Law
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FAQ
In Texas, if tree branches from your yard overhang into a neighbor's property, you generally hold responsibility for their maintenance. Under the Travis Texas Tree Protection Law, neighbors have the right to trim any branches that encroach onto their property, but they should do so carefully. Open communication with your neighbor about maintaining shared foliage can often prevent misunderstandings.
Protected Species: Texas Ash, Bald Cypress, American Elm, Cedar Elm, Texas Madrone, Bigtooth Maple, ALL Oaks, Pecan, Arizona Walnut, and Eastern Black Walnut.
It is common for Texas residents to question whether they have a legal right to remove a neighbor's tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree.
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.
Can you remove a protected tree (19 to 23.9 diameter)? Generally, yes. Either with a fee, with newly planted trees somewhere else on the property, or a combination of the two. You'll need the city tree review application found here.
The City Arborist Program administers the City of Austin's Tree Ordinance and issues permits to remove or impact regulated trees. On private property, the City regulates three classifications of trees: 8- to 18-inch diameter, Protected Trees, and Heritage Trees.
Protected Species: Texas Ash, Bald Cypress, American Elm, Cedar Elm, Texas Madrone, Bigtooth Maple, ALL Oaks, Pecan, Arizona Walnut, and Eastern Black Walnut.
Trees that Require Mitigation Any tree that is 8 (regardless of species) or larger in diameter must be mitigated if removed. What all are the trees protected from? With any jurisdiction you have to ask what constitutes removal. In some cities it can only mean actually cutting the tree down.
Dead, Diseased, and Imminent Hazard Trees Apply for a permit to remove a tree that is dead, diseased, or an imminent danger to people or property.
A tree's critical root zone depends on its size. Larger and older trees have bigger critical root zones that must be built around. Even if your completed project won't be within 10 feet of a tree, bringing in construction equipment may affect its health.