Tree Ownership vs. Tree Law in Georgia
Can you legally cut down a tree on your own property in Georgia? The short answer is: it depends. While property rights generally give landowners the freedom to manage vegetation on their land, state laws, city ordinances, and protected tree regulations may limit your options.
At 770 Arborist, we regularly guide homeowners through tree removal laws in Georgia, offering professional assessments, permit assistance, and fully documented services to ensure compliance and avoid costly mistakes.
Who Owns the Tree? Understanding Property Boundaries
Ownership of a tree is typically determined by the location of its trunk. In Georgia:
- If the entire trunk is on your land, you usually have full rights to the tree.
- If the trunk straddles a boundary line, the tree is considered shared between both property owners, and removal requires mutual consent.
- If limbs or roots extend over your property, you may have limited rights to trim them—but not to remove the entire tree.
Before cutting any tree, verify the surveyed property lines and ensure you’re not infringing on a neighbor’s rights. This protects you from liability and potential legal disputes.
Statewide Tree Laws in Georgia: What’s Legal
Georgia has no universal statewide law prohibiting private property tree removal. However, that doesn’t mean you can cut down any tree at any time. Here’s what Georgia law does and doesn’t do:
- Does not require a state-issued permit for tree removal on most private residential lots.
- Does allow municipalities and counties to enact their own tree protection ordinances.
- Does recognize trees as property assets, meaning unlawful cutting can lead to damages.
So while the state gives you broad control, local governments often enforce stricter rules, especially in urban areas or regions with environmental protections.
City and County Tree Ordinances in Georgia
Many cities and counties across metro Atlanta have detailed tree ordinances. These often cover:
- Tree removal in front yards, stream buffers, or historic districts
- Restrictions on removing heritage or specimen trees
- Rules for trees over a specific diameter (usually 6–12 inches)
- Permit requirements for certain removal actions
For example:
- Atlanta requires permits for removing hardwood trees 6 inches or more in diameter.
- Decatur has strict preservation rules during development.
- Sandy Springs enforces fines for removing protected trees without approval.
Before cutting, check your city or county’s arborist division. Or better yet—call 770 Arborist. We’ll check for you.
What Trees Are Protected in Georgia?
Certain trees may be protected by local ordinances, even if they’re on your land. These include:
- Specimen trees: Mature trees defined by species, size, and health
- Historic trees: Recognized due to age, significance, or location
- Buffer zone trees: Those located within specific distances of waterways, parks, or easements
- Street or city trees: Even if growing partially on private property, they may be city-managed
Removing protected trees without permits can result in fines, mandated replanting, and legal claims. This is why it’s important to work with certified arborists like those at 770 Arborist, who understand the local tree codes across the Atlanta metro.
Permits and Penalties: When You Need Permission
Not all tree removals require a permit—but when they do, failing to obtain one can be costly. You may need a permit if:
- The tree is a certain species or size
- Your property is in a protected zoning district
- Tree removal is part of a larger development project
- You’re within a stream buffer or environmental protection zone
Fines and penalties can vary from a few hundred to several thousand dollars. You may also be required to plant new trees to replace those removed illegally.
Let 770 Arborist handle the permit research and paperwork—we help you avoid mistakes.
Cutting Down Shared or Boundary Trees
Shared trees—those with trunks straddling a boundary line—are co-owned by both neighbors, even if most of the canopy appears to lean one way.
Legally, you cannot remove or destroy a shared tree without consent from the other owner. Doing so can expose you to:
- Civil lawsuits
- Property damage claims
- Replacement and restoration costs
At 770 Arborist, we offer tree appraisals, mediation support, and formal documentation to help resolve shared tree issues respectfully and legally.
Trees Near Utility Lines and Public Roads
Cutting down trees near power lines, public sidewalks, or roadways adds another layer of risk and regulation.
In Georgia:
- Only utility-authorized professionals can prune or remove trees close to high-voltage lines.
- Trees in public rights-of-way may require municipal approval, even if the trunk is on your lot.
- Removal that impacts road visibility or access may involve county DOT or city zoning approval.
At 770 Arborist, our teams work with Georgia utility companies and local governments to manage these high-risk removals properly.
Why You Should Avoid DIY Tree Removal
Even if it’s legal, DIY tree removal can be dangerous and expensive. Homeowners often underestimate:
- The height, weight, and physics involved in tree felling
- Potential damage to structures, fences, or underground utilities
- Personal injury risks or homeowner’s insurance complications
- The need for traffic or pedestrian safety controls
How 770 Arborist Helps You Stay Legal and Safe
As one of Georgia’s best professional tree services, 770 Arborist provides:
- Free Estimates with detailed scope of work
- Permit assistance with local municipalities
- Certified arborist reports for code compliance
- Insurance coordination when removal is part of a claim
- Tree Appraisals for legal or property valuation use
- Documentation for HOA, zoning, or dispute resolution
With lightning-fast 24-hour service, we’re trusted across the region for jobs that require both urgency and accuracy.
Tree Appraisals and Legal Documentation Services
770 Arborist offers formal tree appraisals that are often required for:
- Insurance claims involving tree loss or damage
- Property assessments during real estate transactions
- HOA approval for landscaping changes
- Legal disputes over tree ownership or damage
Our reports are prepared by ISA-certified arborists, professionally formatted, and include photographs, measurements, and jurisdiction-specific references.
Tree Disputes Between Neighbors: What the Law Says
Tree disputes are among the most common property conflicts in Georgia. Key legal points include:
- You can trim branches or roots that cross onto your land—but only to the property line.
- You cannot damage or remove a healthy tree located on a neighbor’s land.
- If your tree causes damage to a neighbor’s property (via limb fall or root intrusion), you may be liable.
Tree Preservation and Construction Projects
If you’re building a home, adding a deck, or installing a pool, local ordinances may require:
- Preservation plans for existing trees
- Tree recompense (replanting or compensation) if trees are removed
- Ongoing inspection by a city or county arborist
Our team helps contractors and homeowners stay compliant during construction, providing site evaluations and certified plans.
How Local Codes Vary Across Metro Atlanta
Each city and county in Georgia can set its own tree code. Here’s a quick look at how they differ:
Jurisdiction | Notable Tree Law Highlights |
---|---|
Atlanta | Permit required for hardwoods ≥ 6″ DBH (diameter at breast height) |
Decatur | Tree protections enforced in zoning overlay districts |
Sandy Springs | Replanting required after tree removal |
Roswell | Tree inventory required for large residential lots |
Cobb County | Right-of-way permit required for removing roadside trees |
FAQs About Cutting Down Trees in Georgia
Is it illegal to cut down a tree in my backyard in Georgia?
Not usually—but it’s important to check your local city or county ordinances first. Some areas require permits for certain tree species, heritage trees, or trees above a specific size.
Do I need a permit to remove a tree near the road?
Possibly. Trees near sidewalks, curbs, or within the public right-of-way may require city approval or a removal permit before any work begins.
Can I cut down a shared tree with my neighbor?
Only with their consent. In Georgia, trees growing on a property line are considered jointly owned. Removing them without permission can lead to legal disputes.
Does 770 Arborist help with permits?
Yes. We assist with researching local regulations, completing permit applications, and submitting all necessary documentation to ensure legal compliance before removal begins.
What happens if I remove a tree illegally?
You may face city fines, be required to replant trees, or even face lawsuits—especially if the tree was protected, part of a shared property line, or located in a regulated zone.
Conclusion
While you have rights as a property owner in Georgia, tree removal is more than just cutting down wood. From local ordinances to shared ownership laws and environmental protections, the rules can be complex—and the consequences of getting them wrong can be costly.
That’s why 770 Arborist is here to help. We provide expert guidance, safe removal, and complete compliance with all applicable laws—backed by licensed arborists, specialized equipment, and decades of experience.
Call (770) 758-8590 or request a free estimate for consultation, or professional tree appraisal today.