Tree removal permit rules: Cary vs Durham, North Carolina
A side-by-side comparison drawn from each city's tree-protection ordinance. For the underlying full ordinance text, see the Cary ordinance page or the Durham ordinance page.
Side-by-side comparison
| Field | Cary | Durham |
|---|---|---|
| Protected tree definition | Town of Cary Land Development Ordinance (LDO) §7.2 Tree Protection and §7.3 Landscape and Buffer Yards govern tree preservation on all development sites. Protected trees ≥10 inches DBH identified at site plan review require preservation or mitigation. Cary is one of the most stringent NC tree-protection regimes: tree preservation is required on residential subdivisions as well as non-residential sites, with required tree-save areas by zoning district. Historic Overlay District (HOD) provisions add enhanced tree protection on regulated properties. | Durham Unified Development Ordinance (UDO) §9.8 Tree Protection regulates significant trees and heritage trees on all non-single-family-residential development sites. Significant trees: ≥12 inches DBH for most species. Heritage trees: ≥24 inches DBH or any tree of exceptional size, age, or historical significance designated by the City/County Arborist. Historic Overlay District (HOD) and Neighborhood Protection Overlay (NPO) provisions add enhanced tree protection in regulated districts. Durham operates under a joint City-County planning framework so Durham County tree provisions also apply within city limits on qualifying sites. |
| Heritage / landmark trees | Specimen/heritage trees designated by the Town Arborist receive enhanced protection; removal requires demonstrated hardship, hazard, or approved site plan with enhanced mitigation. Historic Overlay District COA required for tree removal on regulated properties. | Heritage trees: ≥24 inch DBH or any tree of exceptional size, age, or historical significance; enhanced mitigation required for removal. Historic Overlay District (HOD) Certificate of Appropriateness (COA) required for tree removal on regulated properties. |
| Who can apply | Property owner, authorized agent, or licensed tree service; tree protection plans prepared by registered landscape architect or ISA Certified Arborist | Property owner, authorized agent, or licensed tree service; tree protection plans prepared by registered landscape architect or ISA Certified Arborist |
| Replacement ratio | Inch-for-inch replacement for standard protected trees; enhanced ratios for specimen trees per LDO §7.2 | Inch-for-inch replacement for significant trees; enhanced ratios (typically 2:1 or greater) for heritage trees per UDO §9.8 |
| Replacement details | On-site replacement preferred with approved native canopy species; in-lieu payment to the town tree replacement fund accepted when on-site replacement is infeasible. | On-site replacement preferred with approved native canopy species; in-lieu payment to the Durham Tree Mitigation Fund accepted when on-site replacement is infeasible. |
| Typical processing time | 3-6 weeks for tree protection review as part of development submittal | 3-6 weeks for tree protection review as part of development submittal |
| Permit fee | Not documented | Not documented |
| Permitting department | Cary Planning and Development Services / Urban Forestry | Durham City-County Planning Department / General Services Urban Forestry |
| Municipal code | View ordinance → | View ordinance → |
How they differ
- Which city has stricter heritage tree protections, Cary or Durham?
- Both Cary and Durham maintain heritage / landmark tree designations. Cary: Specimen/heritage trees designated by the Town Arborist receive enhanced protection; removal requires demonstrated hardship, hazard, or approved site plan with enhanced mitigation. Historic Overlay D… Durham: Heritage trees: ≥24 inch DBH or any tree of exceptional size, age, or historical significance; enhanced mitigation required for removal. Historic Overlay District (HOD) Certificate of Appropriateness…
- Where is a tree removal permit processed faster, Cary or Durham?
- Cary publishes a typical processing time of 3-6 weeks for tree protection review as part of development submittal; Durham publishes 3-6 weeks for tree protection review as part of development submittal. Compare each city's published timeline and plan removal accordingly — emergency-tree provisions may shorten the wait in either city.
- Where are tree replacement obligations heavier, Cary or Durham?
- Cary requires a replacement ratio of Inch-for-inch replacement for standard protected trees; enhanced ratios for specimen trees per LDO §7.2. Durham requires a replacement ratio of Inch-for-inch replacement for significant trees; enhanced ratios (typically 2:1 or greater) for heritage trees per UDO §9.8. Cary: On-site replacement preferred with approved native canopy species; in-lieu payment to the town tree replacement fund accepted when on-site replacement is infeasible. Durham: On-site replacement preferred with approved native canopy species; in-lieu payment to the Durham Tree Mitigation Fund accepted when on-site replacement is infeasible.
Cary next steps
Durham next steps
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