Rules for Removing a Dead Tree: Do You Still Need a Permit?
Updated 2025
In most cities with tree ordinances, yes — you still need some form of permit or notification to remove a dead tree that was a protected species when alive. However, the process is almost always simpler, faster, and cheaper — mitigation fees are typically waived, and approvals are routinely granted.
Why Dead Trees Still Require Permits (Usually)
Cities maintain permit requirements for dead tree removal for two main reasons:
- Fraud prevention: Some contractors declare trees "dead" to bypass standard permit requirements for healthy tree removal. The permit process catches this.
- Documentation: Cities track urban canopy changes. Even dead tree removals affect city planning data.
The practical impact: you still file the application, but the review is faster and the requirements are minimal. Most cities process confirmed dead tree permits in 2–5 business days, compared to 5–21 for healthy tree permits.
How to Document That a Tree Is Dead
For Trees Under 18" DBH
- Clear dated photographs showing no foliage across a full growing season
- Photos showing bark sloughing, exposed wood, fungal growth (mushrooms), or major structural damage
- Brief written description of how long the tree has appeared dead or declining
For Trees Over 18" DBH or Heritage Trees
- ISA-certified arborist report confirming death (or terminal decline)
- Photos from multiple angles including root flare and bark condition
- Confirmation that death was not caused by intentional damage (cities can and do test for this)
Dead vs. Declining Trees
A tree with a few dead branches but living tissue is "declining" — not dead. Declining trees generally follow the standard permit process, not the expedited dead tree track. If your tree shows mixed signs (some dead branches, some live growth), have an arborist assess whether it's salvageable before applying. An arborist assessment costs $150–$400 and can save you significant time and potential complications.
Multiple homeowners have faced criminal charges for intentionally killing protected trees — using copper nails, herbicide injection, soil compaction, or girdling — to avoid permit requirements. Cities use isotopic testing and arborist testimony to detect deliberate killing. Penalties can far exceed the cost of a legitimate permit.
City-Specific Dead Tree Rules
| City | Permit Still Required? | Documentation Needed | Mitigation Waived? |
|---|---|---|---|
| Austin, TX | Yes | Photos; arborist report for heritage trees | Yes |
| Dallas, TX | Yes | Photos + arborist report for 12"+ DBH | Usually |
| Plano, TX | Yes | Photos typically sufficient | Yes |
| Portland, OR | Yes | Photos or arborist certification | Reduced/waived |
| Seattle, WA | Yes | Photos; arborist report recommended | Usually |
| Houston, TX | No (no city ordinance) | N/A | N/A |
Frequently Asked Questions
Yes — the length of time the tree has been dead does not eliminate the permit requirement in cities where it applies. If anything, a long-dead tree with structural decay may require more documentation (arborist assessment of structural stability and hazard) to plan safe removal. The permit process for a long-dead tree is typically the same as for a recently dead one.
In most cities, yes — stump grinding is typically covered under the tree removal permit as part of the same removal project. Some cities require a separate notation on the permit application for stump removal; others include it automatically. Confirm with your city when you apply. Note that stump grinding is rarely required by the permit — it's optional. Some cities do require stump removal within a certain period for aesthetic or pest control reasons.
Related: Dead Tree Rules in Texas · Emergency Removal · Permit Exemptions