Dauphin Island, Alabama · Municipal ordinance

Trees and Vegetation Protection Ordinance 87C

A practical guide to protected trees, heritage trees, construction impact zones, removal permits, mitigation fees, prohibited acts, exemptions, enforcement, and the Town Tree Committee.

Adopted April 21, 2026Effective April 28, 2026Replaces Ordinance 87B

Important boundary

The Arborist does not issue permits or citations and does not speak on behalf of the Town of Dauphin Island or any municipality. This guide is educational, is not legal advice, and does not replace the signed ordinance, Town interpretations, permit conditions, or advice from a qualified attorney.

Key definitions

Plain-language orientation based on Section A. Consult the ordinance for the complete definitions and measurement instructions.

Certified Arborist: A person holding current ISA certification and qualified to assess tree health, structure, risk, and suitability for preservation.
Clear cutting: Removal, destruction, or killing of a substantial portion of vegetation resulting in elimination of 40% or more of existing tree canopy on a parcel.
Construction Impact Zone (CIZ): The approved construction area where tree removal may occur without mitigation, limited to the minimum necessary and no more than 40% of total lot area.
Diameter at Breast Height (DBH): Tree diameter derived from circumference measured 4.5 feet above ground and divided by pi, with special measurement rules for forks, slopes, and irregular trunks.
Heritage Tree: Live oak at least 24 inches DBH; other hardwood at least 20 inches; pine at least 14 inches; tupelo gum at least 6 inches; red cedar at least 12 inches; or magnolia at least 12 inches.
Protected Tree: Any tree meeting or exceeding 4 inches DBH for its species under the ordinance.
Tree Mitigation Fund: The Town fund receiving mitigation fees and fines for environmental restoration, tree preservation, and habitat enhancement.
Tree Protection Zone: The canopy drip-line area or one foot of radius per inch of DBH, whichever is greater.

Complete ordinance map

Sections A through K

Section ADefinitions

Defines protected and heritage trees, DBH, canopy, clear cutting, CIZ, impervious surfaces, permits, mitigation fees, vegetation, enforcement, and related terms.

Section BTree retention, removal, and mitigation

Requires permits, establishes new-construction surveys and CIZ limits, addresses developed land and vegetation removal, and sets factors for permit decisions.

Section CPermit process

Requires a complete signed application and supporting documentation, establishes pre-construction review, written findings, and permit-expiration rules.

Section DMitigation costs

Establishes DBH-based mitigation fees for protected and heritage trees and directs payment to the Tree Mitigation Fund.

Section EProhibited acts

Prohibits clear cutting, unauthorized right-of-way work, unauthorized heritage-tree or other tree removal, damaging retained trees, destructive treatment, harvesting for profit, and avoiding required mitigation fees.

Section FExempt trees

Identifies specified invasive, dead, diseased, damaged, detrimental, and imminently hazardous trees, while distinguishing mitigation-fee exemptions from permit requirements.

Section GViolations and penalties

Addresses fines, mitigation and restoration liability, stop-work orders, certificate-of-occupancy consequences, contractor responsibility, repeat violations, liens, and separate violations by tree and day.

Section HTree Committee

Creates an advisory Tree Committee, defines membership and terms, lists advisory duties, and requires public meetings and records.

Section ISeverability

Keeps remaining provisions in force if part of the ordinance is held invalid.

Section JRepealer

Repeals Ordinance 87B and conflicting provisions to the extent of conflict.

Section KEffective date

Makes Ordinance 87C effective following adoption and publication; the signed copy records an effective date of April 28, 2026.

Permit and construction highlights

A Tree Removal Permit is required before removing or destroying any tree measuring 4 inches DBH or greater on any lot.
The permit requirement also reaches trees in designated common areas, shared subdivision property, and Town rights-of-way.
New construction generally requires a survey locating trees 4 inches DBH or greater before a building permit is issued.
Trees within property setbacks generally remain unless an ordinance exemption applies.
The CIZ may not exceed 40% of total lot area; the ordinance also retains a 25% impervious-surface ratio.
Heritage-tree removal outside the CIZ requires Town Council approval and is not presumed to be approved.
Permits expire after six months and can become void through delay, suspension, or abandonment as described in Section C.

Sections D through G

Fees, exemptions, and enforcement

Mitigation fees

Protected trees: $100 multiplied by the tree's DBH in inches
Heritage trees: $150 multiplied by the tree's DBH in inches
Calculation: Each tree is calculated separately; paying a fee does not replace a fine, penalty, restoration obligation, or enforcement action.

Exempt-tree categories

Section F generally exempts these trees from mitigation fees, not automatically from permits:

• Chinese tallow and the other common names listed in Section F
• Other invasive species identified through recognized lists and the Enforcement Officer
• Dead trees
• Diseased or detrimental trees
• Trees damaged by nature or fire
• Trees posing an imminent threat to life or property

Section G can treat each affected tree and each continuing day as a separate offense. It also authorizes restoration requirements, stop-work orders, certificate-of-occupancy consequences, contractor liability, and other remedies allowed by law.

Sources and verification

Reviewed page by page against the signed 13-page Ordinance 87C PDF supplied to The Arborist. The signature pages record adoption on April 21, 2026, posting on April 22, and an effective date of April 28, 2026. Verify later amendments with the Town.

Open Ordinance 87C PDF Town of Dauphin Island ordinances

Last reviewed July 13, 2026.