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The ArboristPeter Toler
Gulf Coast Tree Knowledge Center

Orange Beach, Alabama - Laws & Regulations

Article 16: Tree Protection and Landscaping

A practical guide to protected and heritage trees, landscape plans, tree surveys, construction protection, removal permits, replacement requirements, and enforcement in Orange Beach.

Source document revision: December 5, 2023

Important boundary

The Arborist does not issue permits or citations and does not speak on behalf of the City of Orange Beach or any municipality. This page is educational, is not legal advice, and does not replace the current ordinance, official interpretations, permit conditions, or advice from a qualified attorney.

Key definitions

Plain-language orientation based on Section 16.03. Consult the ordinance for complete wording.

Diameter breast height (DBH)
Tree-trunk diameter measured 4.5 feet above existing grade.
Heritage tree
A healthy protected tree and its root system with DBH of at least 30 inches or circumference of 7 feet 10 inches, whichever qualifying dimension is less.
Protected tree
A tree and its root system meeting the criteria in Section 16.07(A).
Protective barricade
A physical barrier at least 3 feet high that limits access and protects protected and heritage trees during construction.
Removed tree
A protected or heritage tree that has been irreversibly damaged or destroyed.
Site clearing
Development or another activity altering the land, except normal sodding and placement of signs.

Complete article map

Sections 16.01 through 16.09

16.01

Purpose

Protects heritage and protected trees, regulates landscaping, allows removal under stated circumstances, requires replacement, preserves canopy, and balances environmental protection with reasonable property use.

16.02

Applicability

Applies to new construction, expansion, development, redevelopment, clearing, grubbing, and property maintenance unless exempt. Listed exemptions cover specified municipal work, public utilities in rights-of-way, and disaster-damaged protected trees.

16.03

Definitions

Defines DBH, heritage and protected trees, protective methods, removed trees, shade trees, site clearing, and related terms.

16.04

Landscaping requirements

Sets landscaped-area, perimeter, vehicular-use-area, screening, planting, and replacement requirements, generally excluding single-family and duplex uses from this section.

16.05

Landscape plan

Requires qualifying projects to submit a landscape plan and a tree survey covering on-site protected trees and off-site protected trees within 25 feet of proposed construction and earthwork.

16.06

Maintenance

Makes the legal owner responsible for required landscape areas and replacement of dead plant material within the appropriate growing season, not exceeding six months.

16.07

Protected trees and preservation

Defines protected and heritage trees and addresses residential exemptions, credits and debits, replacement, protective radii, utilities, grading, paving, parking reductions, new planting, and right-of-way trees.

16.08

Tree removal and site clearing permit

Requires a permit before cutting, removing, trimming, or damaging a protected tree unless exempt; specifies application information, inspection, approval conditions, and a 15-working-day review period.

16.09

Enforcement

Provides for notices, remedial work, stop-work orders, permit-cost consequences, replacement obligations, and potential criminal penalties.

Section 16.07(A)

Protected-tree thresholds

Redbuds and dogwoods

4 inches DBH or greater

Longleaf pine

18 inches DBH or greater

Other trees

6 inches DBH or greater, subject to listed exclusions

Heritage trees

Healthy protected trees meeting the 30-inch DBH / 7-foot-10-inch circumference threshold

The ordinance excludes Chinese tallow, chinaberry, tree of heaven, mimosa, paper mulberry, pines other than longleaf pine, and other recognized nuisance or invasive species. Confirm identification before relying on an exclusion.

Permit and enforcement overview

Before clearing or tree work begins

Permit review

Unless exempt, approval is required before cutting, removing, trimming, or damaging a protected tree on private property or in a road right-of-way. Applications identify trees, improvements, grading, preservation, and removal. The department has 15 working days after receiving a complete application to act.

Enforcement

Section 16.09 provides for notice, remedial work, and stop-work orders. Work without approval can trigger twice the permit cost, replacement equal to diameter inches removed, and potential misdemeanor penalties upon conviction.

Construction and replacement highlights

Protective radii

Barricades are generally placed at least 10 feet from protected-tree trunks and 20 feet from heritage-tree trunks. The same minimum distances apply to underground utilities unless the ordinance's hardship method is used.

Replacement

Article 16 uses tree credits and debits based on DBH, requires qualifying replacement trees when protected trees are removed, and includes planting requirements where a development site has no existing protected trees.

Sources and verification

Reviewed against the City of Orange Beach Article 16 PDF supplied to The Arborist, marked revised December 5, 2023. Ordinances can change; verify current requirements with official City sources before acting.

Last reviewed July 13, 2026.

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