Tree Permit Rules in Durham and Raleigh

Published October 23, 2026 · 7 min read

Do you need a permit to cut down a tree or grind a stump in Durham or Raleigh? For a typical tree on an existing house lot, the short answer in both cities appears to be no, because both tie their main tree rules to development (subdivisions, site plans and new construction). The exceptions are what catch people out: historic districts, street trees in the right-of-way, and land set aside as tree conservation or buffer areas. Neither city's code mentions stumps.

Stump Grinding Durham is a free quote service, not a tree company. We connect Durham-area homeowners with independent local stump grinding and tree companies for free, no-obligation quotes; the company you choose quotes, schedules and does the work directly with you.

This is general information, not legal advice. Rules change, so confirm with the City or Town before work starts.

Durham: the Unified Development Ordinance

The City and County of Durham share one Unified Development Ordinance (UDO). Its tree rules are in Sec. 8.3, Tree Protection and Tree Coverage. The stated purpose is preserving tree cover and providing replacement cover "on development sites in the Urban and Suburban Tiers." Key points:

• Developments under two acres, or not using mass grading, are exempt from tree coverage requirements (other than required lot trees).
• For a new house, "an existing tree shall be retained, or a new tree planted, prior to receiving a certificate of compliance for a new primary structure on a single-family or two-family residential lot."

Durham's development code ties tree rules to development; for a tree or stump on an existing home lot, no permit requirement was found. Check with the City if you're in a historic district or near the street.

Durham historic districts

In a designated local historic district or landmark, UDO Sec. 3.17.1A says no exterior feature "or other site work (including … landscaping …)" may be "erected, altered, restored, moved or demolished" until a Certificate of Appropriateness (COA) is approved by the Historic Preservation Commission. Removing a tree there likely counts as landscaping site work. Whether grinding the stump of a tree already removed needs a COA was not confirmed; ask the City's preservation staff.

Note that a National Register listing is not the same thing. Trinity Park, Forest Hills, Watts-Hillandale, West Durham and Hope Valley are National Register historic districts; National Register listing alone does not trigger a COA. According to the City's list, the local historic districts are Cleveland Street, Downtown Durham, Morehead Hill, Golden Belt, Fayetteville Street, Trinity Heights, Holloway Street and Watts-Hillandale (confirm with the City).

Durham street trees

Trees in the City right-of-way are cared for by the City's Urban Forestry Division. If a tree or stump is between the sidewalk and the street, call Durham One Call (919-560-1200) before anyone touches it. Our post Does the City of Durham remove tree stumps? covers what the City handles.

Raleigh: tree conservation, City trees and historic overlays

Raleigh is outside our quote area, but here is what the City of Raleigh's own pages say (checked October 2026). Where anything is unclear, check with the City of Raleigh.

Tree conservation in the Raleigh UDO (Article 9.1)

Raleigh's UDO Article 9.1, Tree Conservation is also aimed at development. Sec. 9.1.2 requires tree conservation areas before approval of a subdivision of a tract 2 acres or larger, or a Tier 2 or Tier 3 site plan for a parcel 2 acres or larger. Sec. 9.1.10 applies to tree disturbing activity, except minor tree removal, "on sites 2 acres and larger in size" that have no recorded tree conservation area.

One thing to check: if your subdivision plat shows a recorded tree conservation area on or near your lot, Sec. 9.1.6 limits tree disturbing activity there and requires a tree conservation permit from the City. For an ordinary back yard outside such an area, on a lot under 2 acres, no Raleigh removal permit requirement was found. Check with the City of Raleigh if you are unsure.

Raleigh City trees and the Tree Impact Permit

The City's Tree Impact Permit page says "Street trees in the right of way and trees on City-owned or controlled property are City Trees." The right-of-way "is not a specific distance from the curb," so ask City inspectors if unsure. A Tree Impact Permit is needed for work on or near a City tree, including:

• pruning, removal and planting;
• trenching, grading, augering or boring within the critical root zone;
• using equipment or trucks, or storing soil or mulch, within the critical root zone.

The critical root zone is a radius of 1.25 feet per inch of trunk diameter, measured 4.5 feet above grade. A grinder working close to a large street tree could fall inside that zone. Permits are applied for through the Permit and Development Portal. To ask the City to prune, remove or plant a street tree, Raleigh's Urban Forestry Program page points to an online tree service request form, lists Trees@raleighnc.gov and 919-996-4115 for tree issues, and 919-829-1911 to report a downed tree.

Raleigh historic overlay districts

Raleigh's historic overlay districts require a Certificate of Appropriateness for many exterior changes. The UDO's Sec. 10.2.15 minor-works list includes removing trees with a combined stem girth of 10 inches or more in diameter, measured 4½ feet above ground, where a replacement tree of similar species, mature height and canopy is proposed; minor works can be approved by staff. If you live in a Raleigh historic district, check with the City's historic preservation staff before removing a tree.

Chapel Hill and Cary, briefly

Chapel Hill: the Town's 2010 tree protection ordinance requires a permit for work impacting trees on single- and two-family lots only "where total land disturbance exceeds 5,000 square feet." Removing dead, severely damaged or diseased trees determined by a Certified Arborist to be beyond recovery is an exception. The Town is rewriting its ordinance, so check the Town's current ordinance (Planning, 919-968-2728). See stump grinding in Chapel Hill.

Cary and Morrisville: the state law that lets these towns regulate trees (S.L. 2000-108) says such an ordinance "shall exclude property to be developed for single-family or duplex residential uses." Required buffers and streetscapes still have rules. Other towns: check with the town. See stump grinding in Cary.

The rule that applies everywhere: NC 811

Mechanized grinding appears to fit the definition of excavation in the state's 811 law, which requires notice three full working days ahead (G.S. 87-122). The homeowner exemption (G.S. 87-124) doesn't cover a contractor for hire, so ask the company to confirm it will request a locate, and flag private irrigation, invisible fence and lighting wires yourself.

Questions to ask the company you hire

• Do I need a historic district COA or HOA approval, and who applies?
• Will you request the NC 811 locate? Can I see the ticket number?
• For tree removal: is an ISA Certified Arborist involved, and will you need a crane or rigging? (tree removal)
• What does the written quote include: depth, surface roots, chips, backfill? (typical costs)

For trees that came down in a storm, see storm-damaged trees and stumps.

Frequently asked questions

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