At a glance
- Angleton, Sec. 23-60: written for new development; homestead owners are excepted.
- Lake Jackson, Sec. 90-73 (2023): on residential lots, a permit applies only if the property isn't platted. The form lists a $20 base fee (checked Nov 14, 2026).
- Alvin, Ch. 15, Art. IX: new subdivisions and commercial lots. Sec. 12-11 (2025) can require removal of a dead tree that threatens public power lines.
- Texas §212.905: a city generally may not prohibit removing a dead, diseased or imminently dangerous tree (exception: within five miles of an active military base).
What does Angleton's Sec. 23-60 say, part by part?
Sec. 23-60, "Heritage tree protection," sits in Chapter 23 of Angleton's code, the Land Development Code adopted by Ord. No. 1-12-2018 on December 11, 2018. The code online is Supplement 26, with ordinances through Aug 11, 2026, and Sec. 23-60's only history note is that 2018 ordinance. A rewrite discussed by city staff in 2022 and 2023 was not adopted into this section (all checked Nov 14, 2026).
- A, who it covers: "Based on the authority of TLGC Ch. 212, the requirements of this section shall apply to all plats and site plans proposing new development in the corporate limits of the city and the ETJ."
- C, heritage trees: "Live oak - Quercus virginiana;" and "Pecan - Carya illinoinensis."
- D, significant species: Shumard red oak, bur oak, chinquapin oak, post oak, water oak, willow oak, bald cypress, tulip tree, American elm, redbud and dogwood.
Part E lists six exceptions, quoted here in full:
- "Plans or plats approved prior to the adoption of the LDC;"
- "Property is zoned or used for agricultural purposes, which includes the harvesting of timber;"
- "The owner of any residence used as a homestead;"
- "Damaged or diseased trees that are beyond the point of recovery, in danger of falling, or endangering public health, welfare, property, or safety;"
- "Trees damaged from an act of nature that interrupts utility service. Removal shall be limited, if possible, to the portion of the tree reasonably necessary to re-establish utility service;"
- "Golf courses to the extent necessary to accommodate the golf course improvements."
On a development, the adopted text as quoted in a July 2021 Planning and Zoning packet requires the developer to "determine the collective caliper of the heritage trees proposed to be removed" and "multiply that figure by three," and says "New single-family residential lots shall have two trees per lot." Trunks are measured 4.5 feet above the ground (checked Nov 14, 2026).
What a builder or developer files in Angleton
The heritage rule mostly shows up in paperwork for new subdivisions and site plans:
- The plat application asks for a "Heritage tree survey and a tree preservation plan;" (§23-117, item 12).
- The fee schedule adopted in February and March 2025 lists "Tree Plan NA $150.00" under subdivision and platting, and $100 items for clearing and for floodplain development under site development permits. It lists no tree removal permit, burn permit or brush charge (checked Nov 14, 2026).
- The development permit form lists land-disturbing activity that moves more than 10 cubic yards of earth (Sec. 23-93B). Whether ordinary stump work at a house counts isn't stated anywhere this site found.
Two recent cases show how it plays out. An engineer's July 2024 letter on Freedom Park and Windrose Green states, "Per City ordinance, the City of Angleton will accept no less than three (3) caliper-inches of trees (Live Oak or Pecan)." An October 2025 mitigation letter for Freedom Park reports that 41 heritage trees totaling 532 caliper inches were removed from detention pond and berm areas, while 1,041 inches of heritage and significant trees were kept (checked Nov 14, 2026).
If your project involves a plat or site plan, call the City of Angleton before any live oak or pecan comes down.
Lake Jackson's Sec. 90-73: does it matter whether your lot is platted?
Yes, that's the whole question for a house. The current text, amended by Ord. No. 23-2269 on Aug 21, 2023, reads: "This section shall be a minimum standard and shall apply in full to all property zones except E-1, R-1, R-2 and R-3 residential. For property zones E-1, R-1, R-2, and R-3 residential; only the "tree removal permit" requirements of subsections 90-74(a), and 90-75(a)(2) and (a)(3), shall apply, and then only for properties that are not platted" (checked Nov 14, 2026).
The city's undated permit form lists a "Base Fee $20.00" and asks for the job address, owner, contractor, a description of the work and a signature. The office is at 25 Oak Drive, phone (979) 415-2430 (checked Nov 14, 2026). The same article defines a protected tree as one on the city's approved list measuring six inches or more at 54 inches above ground on an approved landscape plan, or twelve inches or more on undeveloped property (Sec. 90-72), and during an emergency such as a hurricane the permit can be waived as the city's emergency management coordinator deems necessary (Sec. 90-75(b)(1); checked Nov 14, 2026). The Lake Jackson page goes further.
Alvin's tree preservation article and its 2025 dead-tree rule
Alvin's Chapter 15, Article IX ("Tree Preservation," Secs. 15-106 to 15-117) is in Supplement No. 47 of the city code, which runs through Ord. No. 26-F of May 7, 2026 (checked Nov 14, 2026).
- Sec. 15-107: "The provisions herein shall apply to all new residential subdivisions and commercial lots requiring a building permit or site plan."
- Sec. 15-109(a): "It shall be unlawful for any person to remove, or to intentionally or with criminal negligence, damage any tree or trees listed on the tree list within the city without having first obtained from the city a tree destruction permit, unless otherwise exempted under this chapter."
- Sec. 15-109(b)(1): removal "necessary for safety reasons, including but not limited to branches overhanging a structure, severely leaning trees or trees with a seriously damaged root system which pose a reasonable threat of falling" is excepted.
- Sec. 15-109(c): "It shall be an affirmative defense to prosecution under this chapter that immediate action to remove, damage or kill the tree in question was necessary to prevent harm to persons or property."
- Sec. 15-110(b): "A tree destruction permit shall be issued without cost or conditions if the tree in question is diseased, severely damaged, or dead."
- Sec. 15-115: "Tree replacement fees shall be calculated at the rate of two hundred fifty dollars ($250.00) per tree," at a maximum of $2,500 per acre.
Sec. 12-11, added by Ord. No. 25-E on March 6, 2025, is the one that can reach an ordinary homeowner. Subsection (a) lets the City have a dead or diseased tree on private property removed when a third-party arborist finds it's a potential threat to the public electric infrastructure. In the code's words, "A tree may be considered a potential threat if it is leaning, structurally unsound, or otherwise likely to fall onto the public power lines." The owner then has 60 days after written notice to remove the tree at their own expense, and if they don't, the city can do it, charge the owner and file a lien. The Alvin page explains it in plain terms.
Clute, Pearland and land outside city limits
Clute's and Pearland's tree rules weren't checked for this site. If your tree is in either city, call the city before cutting. Outside city limits in Brazoria County, no county tree removal permit turned up in the research for this site. Burn bans and county debris rules still apply there; see the rural Brazoria County page (checked Nov 14, 2026).
What Texas Local Government Code §212.905 adds
State law sits above every city rule here. The official text, unchanged since it was "Added by Acts 2017, 85th Leg., 1st C.S., Ch. 7 (H.B. 7), Sec. 1, eff. December 1, 2017," says (checked Nov 14, 2026):
"(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."
"(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."
A city that does charge a mitigation fee must let the person apply for a planting credit, which for an existing one- or two-family home that is the person's residence equals the fee (subsections (c) and (f)). Property near an active federal military base (within five miles, as of December 1, 2017) is outside the section. A 2023 bill to add Ashe juniper, HB 2239, died.
The section limits what a city can forbid or charge. It doesn't say a dead tree never needs a form, so a call to the city is still sensible on a development lot.
The rules in one table
| Place | Rule | Existing home | Dead or dangerous tree | Charge on record |
|---|---|---|---|---|
| Angleton | LDC Sec. 23-60 | Homestead owners excepted | Excepted (E.4) | $150 Tree Plan on plats |
| Lake Jackson | Secs. 90-73 to 90-75 (2023) | Permit only if the lot isn't platted | Permits allowed for trees beyond recovery or in danger of falling (Sec. 90-75(a)(2)) | $20 base fee |
| Alvin | Ch. 15, Art. IX; Sec. 12-11 | Article covers new subdivisions and commercial lots; 12-11 reaches private lots across the city | Permit issued without cost; city can order removal near power lines | $250 per tree replacement |
| Clute, Pearland | Not checked | Call the city | Call the city | Not checked |
| Unincorporated county | None found | No county permit found | State law applies | None found |
Burning, 811 and power lines
- Burning: Brazoria County is in the Houston-Galveston-Brazoria ozone nonattainment area, where Texas limits open burning of tree and brush waste; check the county's burn ban news first. Details on the debris page.
- 811: Texas treats powered digging that disturbs soil 16 inches or deeper as excavation that needs an 811 call at least 48 hours ahead, not counting weekends and legal holidays; deep stump grinding can reach that. See the stump grinding page.
- Power lines: Health and Safety Code §752.004 bars bringing a tool or material closer than six feet to a high-voltage overhead line until it's made safe, with 48 hours' notice to the line's operator under §752.003. See the tree removal page.
Once you know where your tree stands under these rules, send a request and it's handed to one independent contractor in the Angleton area, who also takes care of any permit the job needs.
Sources: Angleton LDC Sec. 23-60, Angleton P&Z packet, July 1, 2021, Angleton plat application, Angleton fee schedule, Angleton development permit form, July 2024 Freedom Park letter, Oct 2025 Freedom Park mitigation letter, Lake Jackson Ch. 90, Art. IV, Lake Jackson approved tree list (2013), Lake Jackson permit form, Alvin Ch. 15, Art. IX, Alvin Sec. 12-11, Texas Local Government Code Ch. 212, HB 2239 (2023), TCEQ, Health and Safety Code §752.004, Utilities Code §251.151. All checked Nov 14, 2026.
