Assessment Results

Enforcement

Processes to confirm ordinance compliance and penalties, such as fees and fines, for noncompliance. 

Before reviewing your results, verify how your state governs local authority. States follow either Dillon’s Rule, which limits municipalities to powers explicitly granted by the state, or Home Rule, which allows broader local authority unless specifically prohibited by state law. If you’re in a Dillon’s Rule state, your tree ordinance must follow state-enabling legislation. Check your state statutes, municipal league, or community forestry program to confirm your state’s model.

When developing or revising a tree ordinance, we recommend you work with your community’s legal counsel. Legal counsel will help ensure your ordinance complies with state and local requirements, properly establishes enforcement authority, and can achieve your community's goals, while avoiding potential legal challenges.

Introduction

Without enforcement, even the most robust tree ordinance can become mere guidelines. Clear penalties, site inspections, stop-work authority, and a defined process for addressing infractions all help motivate compliance and deter violations. The key is to scale enforcement mechanisms to match your community’s available staff and resources. The three levels of sample language and examples below demonstrate how enforcement language can be scaled up, depending on resource availability.  

Key Definitions

Violation

Unauthorized removal, damage, or failure to protect a protected/heritage tree, or noncompliance with permit conditions.

Administrative Penalty

Fines based on tree value (e.g., $150–$1,000 per diameter inch, per Guide for Plant Appraisal trunk formula).

Stop Work Order

A directive halting all activity on a site until compliance with the ordinance is achieved.

Example Language

Basic

Basic Level

Basic ordinances impose modest fines for unauthorized removal or damage, providing a deterrent and a clear consequence for violations. This ensures some level of compliance even with limited resources. 

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Basic

  1. Enforcement Authority: The City Manager or their designee shall be responsible for enforcing the provisions of this ordinance. 

  1. Violations: Any person who removes, damages, or prunes a protected tree without a permit, or in violation of permit conditions, shall be subject to penalties. 

  1. Fines: A civil fine of up to $500 per violation shall be assessed. Each tree removed or damaged in violation constitutes a separate offense. Each day a violation continues is a separate offense. 

  1. Restitution: In addition to fines, violators may be required to replace each unlawfully removed or damaged tree with a tree of equal size or pay the cost of replacement. 

Examples

Bettendorf, Iowa

Bettendorf, IA Code of Ordinances. Chapter 5 -Trees and Shrubs, Sec. 7-5-3. Accessed May 29th, 2025. 

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Elmira, New York

Elmira, NY Code of Ordinances. Chapter 208 - Trees, Sec. 208-16. Accessed May 29th, 2025. 

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Kirkwood, Missouri

Kirkwood, MO Code of Ordinances. Chapter 24 - Tree Code, Sec. 24-5. Accessed May 29th, 2025. 

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Intermediate Level

Intermediate ordinances combine fines with mandatory replanting or restoration, and may include regular inspections, increasing accountability and restorative outcomes. 

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Intermediate

  1. Enforcement Authority. The City Arborist, Code Enforcement Board, or their designee shall enforce this ordinance and issue notices of violation, stop work orders, or citations as necessary.
  2. Violations and Penalties
    1. Fines:

      1. First violation: Up to $1,000 per tree removed or damaged. 

      2. Repeat violation (within 24 months): Up to $5,000 per tree. 

      3. Each day a violation continues constitutes a separate offense. 

    2. Restitution:
      1. Offenders must replace unlawfully removed or damaged trees at a ratio of up to 2:1 or pay an in-lieu fee based on the size and value of the tree.
    3. Non-Monetary Penalties:
      1. Withholding  permits, certificates of occupancy, or plan approvals until violations are corrected.
  3. Appeals. Violators may appeal enforcement actions to the Code Enforcement Board within 15 days of notice

Examples

Redondo Beach, California

Redondo Beach, CA Code of Ordinances. Chapter 11 - Tree Protection and Preservation, Sec. 5-11.08. Accessed May 29th, 2025. 

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Bangor, Maine

Bangor, ME Code of Ordinances. Chapter 284 - Trees, Sec. 284-14. Accessed May 29th, 2025. 

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Teaneck, New Jersey

Teaneck, NJ Code of Ordinances. Chapter 37 - Trees and Shrubs, Sec. 37-24. Accessed May 29th, 2025.

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Advanced Level

Advanced ordinances impose significant penalties for major violations, require third-party audits, and may pursue legal action, ensuring strong enforcement and demonstrating a serious commitment to urban forest protection. 

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Advanced

  1. Enforcement Authority and Process. The Urban Forestry Division, in coordination with the Code Enforcement Board and City Attorney, shall have full authority to inspect, investigate, and enforce all provisions of this ordinance. Violations may result in immediate stop work orders and legal action.
  2. Fines and Penalties
    1. Civil Fines:
      1. Fines shall be assessed per tree, based on the tree’s diameter at breast height (DBH) and location: 

        1. Trees <6 inches DBH: $1,000 (public property) 

        2. 6–12 inches: $3,000 (private), $5,000 (public) 

        3. 12–18 inches: $6,000 (private), $9,000 (public) 

        4. 18–26 inches: $15,000 (private), $20,000 (public) 

        5. 30 inches: $20,000 (private), $30,000 (public) 

      2. Repeat violations: Penalties are doubled for second offenses, tripled for third, within 24 months.
    2. Restitution and Damages: 

      1. In addition to fines, violators shall pay for environmental loss as appraised by a certified arborist and for any economic benefit gained from the violation. 

      2. Up to 4:1 replacement ratio may be required for significant or heritage trees removed in violation. 

    3. Legal Remedies: 

      1. The City may pursue civil or criminal action, including liens on property, for unpaid fines or uncorrected violations. 

      2. Stop work orders may be issued for ongoing development until violations are resolved. 

  3. Fee Use and Transparency. All fees and fines collected shall be deposited into a dedicated Urban Forest Fund, to be used exclusively for tree planting, maintenance, and preservation within the city.
  4. Reporting and Public Notice. Annual reports on enforcement actions, fines collected, and fund expenditures shall be published for public review. 

Examples

Brookhaven, New York Stop-Work Orders and Penalties for Offenses

Brookhaven, NY Land Use Legislation. Chapter 70 - Tree Preservation, Sec. 70-9. Accessed May 29th, 2025. 

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Pleasanton, California Tree Penalty

Pleasanton, CA Code of Ordinances. Chapter 17-16 - Tree Preservation, Sec. 17.16.110. Accessed May 29th, 2025. 

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Plymouth, Minnesota

Plymouth, MN Code of Ordinances. Chapter V - Subdivision Regulations, Sec. 530.23. Accessed May 29th, 2025. 

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