Can I Cut Tree Down on My Property? Permission Avoids Illegal Act (2023 Law)

It’s always best to determine the applicable local laws concerning cutting trees in your state first, in order to avoid costly fines and penalties.

This guide outlines the state laws for all 50 states concerning the answer to, can I cut tree down on my property without permission, and explains where to get permits for tree removal if you’ll need them.

Do You Need Permission To Cut Down Trees on Your Property?

It depends. you may need permission to cut down trees on your property, while at other times, you may not.The table below has the laws for all fifty states.

Different states have unique provisions relating to cutting down trees.⁵ Therefore, you should always consider determining the applicable rules of cutting trees in your state before deciding to cut one.

In addition, trees play a vital role in the ecosystem. Although they may seem disturbing and irritating to you, they serve other functions, such as habitat for animals, other plants, wildlife, and insects.

Can You Sue Someone for Cutting Down Trees on Your Property?

Yes, it is illegal for someone to cut down a tree on your property without your consent. In most cases, the law provides that anyone entering your property and cutting down a tree without your knowledge will be considered trespassing.

Therefore, if this happens, you can sue such individuals, and they will be liable to pay you damages exceeding the value of the trees they have cut.

What Is the Penalty for Cutting Tree Without Permit?

Sometimes, you may ask can I cut tree down on my property without a permit and decide to cut one. However, each city, state, and county has specific laws about cutting trees on a property. Typically, these laws differ depending on several factors, such as the canopy cover of trees, local climate, etc.

(Image: Helena Jankovičová Kováčová⁶)

The average penalty for cutting a tree without a permit is about $500 – $10,000. Nonetheless, the court can charge higher penalties of up to $100,000 for a penalty. Thus, since permission avoids illegal acts, you should follow the appropriate procedure of removing a tree from your property to avoid legal consequences.

The table below summarizes the average penalty you can get for cutting a tree without a permit:

What Trees Can Be Cut Down Without Permission? (Can I Cut Tree Down on My Property?)

Although you need a permit before cutting a tree on your property, there are some trees that you can cut without a permit.⁴ Most laws provide that you can cut a tree without requiring a permit in the following cases. But if you are unsure about your state’s legal provisions, ensure you research your relevant local tree protection laws.

Small Trees

If your tree is not significantly wide or tall or has fewer branches, you can cut it without applying for a permit.

Generally, your local law provides the diameter and height of a tree you can cut without requiring a permit.

Dead Trees

After a tree dies, you can remove it with less hassle. Generally, it is safe to remove a dead tree after you notice signs.

This is because it hardens over time and creates a safety threat if abandoned for a long time.

(Image: Tim Dusenberry⁷)

Additionally, a dead tree stands only due to the available roots on the ground, which tend to weaken after some time. Therefore, it is advisable to remove dead trees soonest possible to avoid the risk of damage and injury.

Can I Cut Tree Down on My Property That Is Danger-Posing?

If a living tree can hurt you, the nearby property, or wildlife, you can cut such trees without requiring a permit. Here are some circumstances when you can consider a tree dangerous:

• The roots of the tree are close to a building
• A bent or wobbly tree
• The tree’s branches are falling unpredictably
• A risky wild animal plagues a tree.

Although you can cut a tree without a permit in the above scenarios, always consider researching your local law provisions if you are uncertain if these permissions apply.

Will the City Cut Down a Tree on My Property? (Can I Cut Tree Down on My Property in the City?)

No, it is illegal for the city to cut trees on your property.¹ Instead, the city can cut trees only in areas where it owns trees.

However, the city can cut trees on your property in specific scenarios, such as a tree compromising the safety of your neighbors and trees that are a habitat for risk-posing wildlife.

Do I Need a Permit To Cut Down a Tree on My Property In?

Each state has unique provisions for cutting trees on a property. Mostly, states offer permits to promote safety and easy steps of removing trees from a property with less stress. Therefore, it is always a good move to check with your relevant local tree authority before deciding to remove a tree from your property.

The table below summarizes the tree permits required in the 50 states of the US before cutting trees on your property:

Is There a Tree Removal Agreement Between Neighbors?

Yes, in most cases, you must agree with them before deciding to remove a tree from their property. Knowing how to negotiate tree removal can help.

However, you can cut down the branches of your neighbor’s tree without their consent, if the branches are over your yard, in most states. Also, you can cut the roots of trees, causing a threat to your property.

What To Do If a Neighbor Cuts Down Trees on Your Property?

If your neighbor cuts down a tree on your property without your consent, you can consider such neighbors as participating in a theft offense, and you can sue them.

If this happens, you should report to the relevant office and claim compensation for this illegal act.

Who Is Responsible When a Neighbor’s Tree Falls in Your Yard?

Who is responsible when a neighbor’s tree falls in your yard? As a property owner, you are responsible for removing your neighbor’s fallen tree in your yard. You should try your best to avoid consecutive damages if such trees can comprise the well-being of your property.

You can later demand possible damages from your neighbor or claim compensation from your homeowner insurance policy if your neighbor is not liable for the damages.³

Who Is Responsible for Trees Between Sidewalk and Street?

If trees are between the street and the sidewalk, you are responsible for maintaining such trees.² In other cases, if a tree is causing damage to the sidewalk, you can collaborate with your local authority to determine if you can cut down the tree or trim it to solve the problem.

Is It Legal To Cut Down a Tree on Your Property? (Can I Cut a Tree Down on My Property?)

As a property owner, you have the right to maintain or remove a tree on your property.

However, different states have unique laws relating to cutting down a tree on private property. Therefore, you should always check your local legal provisions and permits concerning cutting down a tree— these permissions avoids illegal act.

For example, California forbids property owners from removing trees without a permit, and some trees cannot be removed at all.

How Long Does It Take To Get a Tree Removal Permit?

It depends; most likely, you can get a tree removal permit at a maximum of 3.5 weeks. Nonetheless, other states can process these permits within two days.

Is There Free Tree Removal for Seniors?

Is there free tree removal for seniors or free tree removal for veterans? There is no general federal program for helping seniors or vets remove trees. However, some states, like California and others have local grants designed for that very purpose.

These programs help lower-income households to remove hazardous, dying, and dead trees on their property.

Some states offer free tree removal in exchange for wood, as well.

Where Can I Find Cheap Tree Removal Near Me

You can research various arborists within your location for a cheap tree removal service.

You can look for reviews from friends and social media pages for the best results. Also, use a crane assisted tree removal cost calculator to find out a ball park amount you’ll need to pay for very large tree removal.

Also, look for a tree trimming cost calculator, a tree removal cost calculator (for all tree types) or a palm tree trimming cost calculator. Many times, a damaged tree doesn’t have to be removed, it can be trimmed and saved.

Tree Removal Service

Can I cut tree down on my property using my own means? Yes, but this is less safe. Instead, you need a tree removal service.

This is a professional tree removal service where the experts use safety-assured tools to remove trees on your property with minimum risk of damage. Some programs for free tree removal can apply as well, so always check with your state’s forest agency or Department of Forestry.

(Image: Helena Jankovičová Kováčová⁸)

Similarly, most tree removal service providers are licensed and insured to ensure that they deliver quality services. When looking for the best tree removal service, you need to consider looking at reviews from friends within your location. This will help you to choose an efficient and cost-effective tree removal service.

What’s the Average Cost of Arborist Services?

On average, the cost of arborists in each state run about $375-$1,500 to remove trees, depending on the nature of the task.

Arborists typically charge about $75 to trim small trees and $5,000 for older trees. The location of the tree, it’s type, and the level of removal all dictate how much the repair will cost.

Tree Broke in Half Can It Be Saved?

If your tree breaks in half, you can save it if the damage isn’t severe. Firstly, you need to hire a professional arborist who will evaluate the extent of damage to your tree.

These professionals will apply the best tree-saving techniques to your trees and bring them back to life.

Can I cut tree down on my property? Although permission avoids illegal acts, it will depend. Some states will require you to apply for a permit before making your next step to cut down a tree. Similarly, you can cut down a tree in other states without requiring to apply for a tree-cutting permit.

Therefore, it would be best to conduct a thorough research about the legal requirements for cutting down a tree in your state. This will help you to follow the right approach to cutting down trees without legal liability. Lastly, if you are a senior, you can conveniently apply for free tree removal services and remove danger-posing trees on your property with less hassle.

Knowing the real answer to, can I cut down a tree on my property legally, can help you avoid costly fines and other regulatory violations.

Frequently Asked Questions About Can I Cut Tree Down on My Property?