Tex. Local Gov't Code Section 212.905
Regulation of Tree Removal


(a)

In this section:

(1)

“Residential structure” means:

(A)

a manufactured home as that term is defined by Section 1201.003 (Definitions), Occupations Code;

(B)

a detached one-family or two-family dwelling, including the accessory structures of the dwelling;

(C)

a multiple single-family dwelling that is not more than three stories in height with a separate means of entry for each dwelling, including the accessory structures of the dwelling; or

(D)

any other multifamily structure.

(2)

“Tree mitigation fee” means a fee or charge imposed by a municipality in connection with the removal of a tree from private property.

(b)

A municipality may not require a person to pay a tree mitigation fee for the removed tree if the tree:

(1)

is located on a property that is an existing one-family or two-family dwelling that is the person’s residence; and

(2)

is less than 10 inches in diameter at the point on the trunk 4.5 feet above the ground.

(c)

A municipality that imposes a tree mitigation fee for tree removal on a person’s property must allow that person to apply for a credit for tree planting under this section to offset the amount of the fee.

(d)

An application for a credit under Subsection (c) must be in the form and manner prescribed by the municipality. To qualify for a credit under this section, a tree must be:

(1)

planted on property:

(A)

for which the tree mitigation fee was assessed; or

(B)

mutually agreed upon by the municipality and the person; and

(2)

at least two inches in diameter at the point on the trunk 4.5 feet above ground.

(e)

For purposes of Subsection (d)(1)(B), the municipality and the person may consult with an academic organization, state agency, or nonprofit organization to identify an area for which tree planting will best address the science-based benefits of trees and other reforestation needs of the municipality.

(f)

The amount of a credit provided to a person under this section must be applied in the same manner as the tree mitigation fee assessed against the person and:

(1)

equal to the amount of the tree mitigation fee assessed against the person if the property is an existing one-family or two-family dwelling that is the person’s residence;

(2)

at least 50 percent of the amount of the tree mitigation fee assessed against the person if:

(A)

the property is a residential structure or pertains to the development, construction, or renovation of a residential structure; and

(B)

the person is developing, constructing, or renovating the property not for use as the person’s residence; or

(3)

at least 40 percent of the amount of the tree mitigation fee assessed against the person if:

(A)

the property is not a residential structure; or

(B)

the person is constructing or intends to construct a structure on the property that is not a residential structure.

(g)

As long as the municipality meets the requirement to provide a person a credit under Subsection (c), this section does not affect the ability of or require a municipality to determine:

(1)

the type of trees that must be planted to receive a credit under this section, except as provided by Subsection (d);

(2)

the requirements for tree removal and corresponding tree mitigation fees, if applicable;

(3)

the requirements for tree-planting methods and best management practices to ensure that the tree grows to the anticipated height at maturity; or

(4)

the amount of a tree mitigation fee.

(h)

A municipality may not prohibit the removal of or impose a tree mitigation fee for the removal of a tree that:

(1)

is diseased or dead; or

(2)

poses an imminent or immediate threat to persons or property.

(i)

This section does not apply to property within five miles of a federal military base in active use as of December 1, 2017.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 7 (H.B. 7), Sec. 1, eff. December 1, 2017.

Source: Section 212.905 — Regulation of Tree Removal, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­212.­htm#212.­905 (accessed Mar. 23, 2024).

212.001
Definitions
212.002
Rules
212.003
Extension of Rules to Extraterritorial Jurisdiction
212.004
Plat Required
212.005
Approval by Municipality Required
212.006
Authority Responsible for Approval Generally
212.007
Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More than One Municipality
212.008
Application for Approval
212.009
Approval Procedure: Initial Approval
212.010
Standards for Approval
212.011
Effect of Approval on Dedication
212.012
Connection of Utilities
212.013
Vacating Plat
212.014
Replatting Without Vacating Preceding Plat
212.0015
Construction of Subchapter
212.015
Additional Requirements for Certain Replats
212.016
Amending Plat
212.017
Conflict of Interest
212.018
Enforcement in General
212.0021
Subdivision Requirements
212.0025
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction
212.041
Municipality Covered by Subchapter
212.042
Application of Subchapter a
212.043
Definitions
212.044
Plans, Rules, and Ordinances
212.0045
Exception to Plat Requirement: Municipal Determination
212.045
Development Plat Required
212.0046
Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
212.046
Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity
212.047
Approval of Development Plat
212.048
Effect of Approval on Dedication
212.049
Building Permits in Extraterritorial Jurisdiction
212.050
Enforcement
212.0065
Delegation of Approval Responsibility
212.071
Developer Participation Contract
212.072
Duties of Parties Under Contract
212.073
Performance Bond
212.074
Additional Safeguards
212.0081
Required Application Materials
212.0085
Approval Procedure: Applicability
212.0091
Approval Procedure: Conditional Approval or Disapproval Requirements
212.0093
Approval Procedure: Applicant Response to Conditional Approval or Disapproval
212.0095
Approval Procedure: Approval or Disapproval of Response
212.0096
Approval Procedure: Alternative Approval Process
212.0097
Approval Procedure: Waiver Prohibited
212.0099
Judicial Review of Disapproval
212.0101
Additional Requirements: Use of Groundwater
212.101
Application of Subchapter to Certain Home-rule Municipality
212.102
Definitions
212.103
Traffic or Traffic Operations
212.104
Provision Not Enforceable
212.0105
Water and Sewer Requirements in Certain Counties
212.105
Subchapter Controls
212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties
212.0115
Certification Regarding Compliance with Plat Requirements
212.131
Definitions
212.132
Applicability
212.133
Procedure for Adopting Moratorium
212.134
Notice and Public Hearing Requirements
212.135
Justification for Moratorium: Shortage of Essential Public Facilities
212.136
Expiration of Moratorium
212.137
Waiver Procedures Required
212.138
Effect on Other Law
212.139
Limitation on Moratorium
212.0145
Replatting Without Vacating Preceding Plat: Certain Subdivisions
212.0146
Replatting Without Vacating Preceding Plat: Certain Municipalities
212.151
Municipality Covered by Subchapter
212.152
Definition
212.153
Suit to Enforce Restrictions
212.154
Limitation on Enforcement
212.0155
Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
212.155
Notice to Purchasers
212.156
Enforcement by Ordinance
212.157
Governmental Function
212.158
Effect on Other Law
212.171
Applicability
212.172
Development Agreement
212.173
Certain Coastal Areas
212.174
Municipal Utilities
212.0175
Enforcement in Certain Counties
212.201
Definitions
212.202
Applicability
212.203
Construction
212.204
Exclusive Authority
212.205
Parkland Dedication, Fee, or Combination
212.206
Request for Parkland Dedication Determination
212.207
Parkland Dedication Authority
212.208
Limitation on Parkland Dedication Amount
212.209
Initial Requirements for Determining Fees
212.210
General Requirements for Calculation of Fees
212.211
Requirements Calculation of Fees for Municipalities with Low Fees
212.212
Collection of Fees
212.213
Appeal
212.901
Developer Required to Provide Surety
212.902
School District and Open-enrollment Charter School Land Development Standards
212.903
Construction and Renovation Work on County-owned Buildings or Facilities in Certain Counties
212.904
Apportionment of Municipal Infrastructure Costs
212.905
Regulation of Tree Removal
212.906
Certain Value-based Fees and Disclosure of Certain Information Prohibited
212.1351
Justification for Moratorium: Significant Need for Public Facilities
212.1352
Justification for Commercial Moratorium in Certain Circumstances
212.1361
Notice for Extension Required
212.1362
Expiration of Moratorium on Commercial Property in Certain Circumstances
212.1535
Foreclosure by Property Owners’ Association

Accessed:
Mar. 23, 2024

§ 212.905’s source at texas​.gov