Do I Need a Permit to Remove a Tree in Albuquerque

You've decided that old cottonwood needs to come down before monsoon season, but before you call a tree service, you're wondering whether you need to deal with city paperwork first. The last thing you want is to pay for removal only to get hit with fines for not having the right permits.

For most trees on private residential property in Albuquerque, you do NOT need a city permit for removal. However, you DO need a permit from the City Forester to remove, cut, trim, or plant trees within streets, alleys, sidewalks, or other public places. Additionally, some HOAs require approval before removing trees, and certain heritage or protected trees may have restrictions. Understanding exactly when permits are required protects you from fines and legal complications.

This guide clarifies Albuquerque's tree removal permit requirements, explains the exceptions, walks you through the permit process when needed, and helps you avoid common mistakes that lead to violations.

Do You Need a Permit to Remove a Tree in Albuquerque

The good news for Albuquerque property owners is straightforward: if your tree sits entirely on your private residential property—within your fenced yard, away from streets and sidewalks—you typically don't need a city permit to remove it.

This contrasts sharply with cities like San Francisco, New York, or Miami where homeowners must obtain permits even for trees on private property. Those cities protect their urban tree canopies through strict removal regulations and replacement requirements. Albuquerque takes a different approach, focusing permit requirements primarily on trees in public spaces rather than private property.

However, "typically" doesn't mean "always." Several important exceptions and considerations determine whether you need permission before removing a tree. The location of the tree, its proximity to public spaces, HOA rules, and your specific property situation all factor into the equation.

The distinction between public and private property becomes critical in understanding Albuquerque's tree regulations. A tree might physically be on your property but still fall under public space regulations if it sits within certain proximity zones. Knowing these boundaries prevents costly mistakes.

When You DO Need a Permit in Albuquerque

Albuquerque City Ordinance § 6-6-1-4 clearly states the situations requiring permits. Understanding these specific circumstances helps you determine whether your tree removal needs official approval.

Trees on or within public right-of-way require permits. Any tree located within streets, alleys, sidewalks, or other public places falls under the City Forester's jurisdiction. You must obtain a permit before cutting, trimming, spraying, removing, or planting these trees. This includes street trees—those planted in the area between the sidewalk and street curb, even if that strip of land technically belongs to your property.

The public right-of-way extends further than many homeowners realize. In Albuquerque, the right-of-way typically includes not just the paved street but also sidewalks, utility easements, and sometimes portions of what appears to be your front yard. Trees planted decades ago by the city or previous owners in these areas remain under city jurisdiction regardless of current property lines.

Trees within certain distances of public property may require permits. While Albuquerque's ordinances don't specify an exact distance trigger like some cities (which require permits for trees within 10 feet of public property), trees near the property line adjacent to streets or public spaces warrant careful consideration. If any portion of the tree trunk sits within or significantly overhangs public right-of-way, contact the City Forester before removal.

Heritage or landmark trees may have special protections. Although Albuquerque doesn't maintain an extensive heritage tree registry like some cities, individual trees with historical or cultural significance could have protection status. Large, old cottonwoods in historic districts or trees specifically designated for preservation require investigation before removal. Check with the city's Historic Preservation office if your property sits in a designated historic district.

Permits are required for work affecting public infrastructure. If tree removal requires closing streets, blocking sidewalks temporarily, or working near utility lines, additional permits beyond just tree removal may be necessary. Coordinating with city departments ensures legal compliance and public safety.

The key question to ask yourself: Does any part of this tree or the work to remove it affect public property, right-of-way, or infrastructure? If yes, you likely need permits. If no, and it's entirely on your private residential property, you probably don't.

Understanding Albuquerque's Tree Ordinance

Albuquerque's tree regulations fall under Article 6 of the city code, specifically covering trees, vegetation, and landscaping. Understanding the structure and intent of these ordinances helps homeowners navigate requirements.

The City Forester holds primary authority over trees in public spaces. This position, housed within the Parks and Recreation Department, issues permits, evaluates tree health, and makes decisions about removal or preservation of trees under city jurisdiction. Any permit-required situation goes through the City Forester's office.

The ordinance aims to protect public safety and urban forestry. Unlike some cities focused primarily on environmental preservation, Albuquerque's tree ordinance balances safety concerns with maintaining the urban tree canopy. The city recognizes that dead, diseased, or hazardous trees pose legitimate risks that warrant removal, while also encouraging tree planting and care.

Street tree policies govern public space trees. Part 2 of Article 6-6 establishes specific policies for street trees—those planted in public right-of-way. These policies address required street trees for new developments, maintenance responsibilities, and removal criteria. Property owners adjacent to street trees share some maintenance responsibilities but cannot remove these trees without city approval.

Spacing and maintenance requirements apply to new plantings. When permits are required for tree planting in public spaces, regulations govern proper spacing, species selection, and maintenance obligations. The city maintains a list of climate-ready trees recommended for Albuquerque's semi-arid conditions, though this list serves as guidance rather than mandatory requirement.

Penalties exist for violations. Section 6-6-1-99 establishes penalties for violating tree ordinance provisions. While Albuquerque's enforcement and fines are generally less severe than cities with stricter tree protection laws, unauthorized removal of protected trees can result in penalties and restoration requirements.

The ordinance reflects Albuquerque's practical approach to urban forestry. The city doesn't burden homeowners with extensive permitting for private property trees while maintaining necessary oversight of public space vegetation that affects community aesthetics, safety, and infrastructure.

HOA Requirements Trump City Regulations

Even when the City of Albuquerque doesn't require a permit, your homeowners association might. This creates a layer of regulation that catches many homeowners by surprise, especially those new to HOA-governed communities.

Many Albuquerque HOAs have landscaping covenants that regulate tree removal. These covenants vary dramatically between communities but often require written approval from the architectural review committee or HOA board before removing trees visible from streets or common areas. Some HOAs regulate any tree removal regardless of visibility, while others focus only on front yard trees.

HOA rules are legally binding contracts. When you purchased property in an HOA community, you agreed to follow the governing documents, including landscaping and tree removal restrictions. Violating these rules can result in fines, required restoration, and in extreme cases, liens against your property. HOA penalties often exceed anything the city might impose.

Review your HOA documents before removing trees. Check your CC&Rs (Covenants, Conditions, and Restrictions), architectural guidelines, and landscaping rules. Look specifically for sections addressing tree removal, landscaping changes, and exterior modifications. If documents are unclear, contact your HOA management company or board directly with your specific situation.

The approval process varies by community. Some HOAs require simple written requests with approval granted within days. Others demand detailed applications including tree species, size, removal reasons, replacement plans, and photos. Processing timelines range from a few days to several weeks. Start this process early to avoid delays in your tree removal project.

Replacement requirements often apply. Many HOAs don't just restrict removal—they require replacement. You might need to plant one or more new trees after removing a mature tree, sometimes with specifications about species, size, and location. These requirements maintain the community's tree canopy and aesthetic standards.

Popular Albuquerque master-planned communities like Tres Volcanes, Volterra, Cabezon, and neighborhoods in Rio Rancho typically have active HOAs with tree removal oversight. Older, established neighborhoods without HOAs generally don't face these restrictions beyond city requirements.

The bottom line: Always check HOA rules before assuming you can freely remove trees just because the city doesn't require permits. HOA violations create headaches far exceeding the hassle of seeking approval upfront.

When You Don't Need a Permit to Remove a Tree in Albuquerque

Understanding what doesn't require permits is equally important as knowing what does. This knowledge prevents unnecessary delays and expenses for straightforward tree removal situations.

Trees entirely on private residential property generally don't require city permits in Albuquerque. If your cottonwood, piñon, juniper, or other tree sits within your fenced backyard, side yard away from public areas, or anywhere entirely on your private lot without public right-of-way involvement, proceed with removal without city permits. This applies whether the tree is healthy, dead, diseased, or hazardous.

Dead or hazardous trees on private property can be removed without permits as emergency situations. Albuquerque recognizes that dangerous trees pose immediate threats to people and property. If a tree is actively leaning toward your house, has major dead branches threatening to fall, or suffered severe storm damage, you don't need to wait for permit approval before addressing the emergency.

Small trees and shrubs under certain thresholds typically escape regulation entirely. While Albuquerque's ordinance doesn't specify exact diameter minimums for private property like some cities do, small ornamental trees, shrubs, and bushes clearly fall outside the scope of tree ordinance concerns. The regulation targets significant trees that impact urban forestry and public safety.

Routine maintenance and pruning on your private property trees don't require permits. Trimming branches, removing dead wood, crown thinning, or other standard tree care falls under your rights as a property owner. The ordinance regulates removal and work affecting public spaces, not routine maintenance on private property.

Agricultural and commercial property has different standards. Orchards, farms, and commercial timber operations follow different regulations than residential properties. If you're managing trees as part of agricultural operations or commercial forestry, consult with appropriate county or state agencies about applicable regulations rather than relying on residential tree ordinances.

The general principle: Albuquerque regulates what affects public space, public safety, and public infrastructure. What happens entirely within your private residential property—away from streets, sidewalks, and right-of-way—remains your decision as property owner.

The Permit Application Process

When you do need a permit to remove a tree in Albuquerque, understanding the process helps you navigate it efficiently and avoid delays.

Contact the City Forester's office to start. The City Forester operates under the Parks and Recreation Department. Call 311 or visit the Parks and Recreation office to request a tree removal permit application. Staff can provide guidance specific to your situation and confirm whether your tree actually requires a permit.

Provide detailed information about the tree and location. Permit applications typically require the tree's location (address and specific position on property), species if known, approximate size (height and trunk diameter), reason for removal, and photos showing the tree and surrounding area. For trees near public right-of-way, a property survey or plat showing the tree's exact position relative to property lines may be necessary.

Document the reason for removal. Valid reasons include dead or dying trees, disease or pest infestation, structural hazards, storm damage, interference with infrastructure or construction, and safety concerns. Providing clear documentation—like photos of decay, arborist reports for diseased trees, or engineering reports for trees threatening structures—strengthens your application.

Pay applicable fees. Permit fees vary based on the scope of work and type of tree. Fees for street tree removal typically range $50-$150, though costs depend on specific circumstances. The city provides fee schedules upon application. Fees are generally non-refundable even if your application is denied.

Allow time for review and inspection. The City Forester or designated inspector will evaluate your application and may visit the property to assess the tree. Review timelines vary from a few days for straightforward cases to several weeks for complex situations. Emergency hazards receive expedited processing.

Receive approval or denial in writing. If approved, your permit specifies conditions like removal methods, debris disposal, timing restrictions, and any replacement requirements. Keep the permit on-site during tree removal work. If denied, the decision includes reasons and information about appeals or alternative solutions.

Complete work within permit timeframe. Tree removal permits expire after a specified period, typically 30-90 days. Complete the removal within this window or request an extension if circumstances change. Working without a valid permit violates the ordinance even if initially approved.

Professional tree removal companies familiar with Albuquerque regulations often handle permit applications as part of their service. When hiring a company for tree removal, ask whether they include permit processing in their scope of work. This expertise saves you time and ensures compliance.

Common Permit Mistakes to Avoid

Understanding common errors helps you navigate tree removal regulations without costly violations or delays.

Assuming no permit is needed without checking. The most common mistake is removing a tree near the property line or in the front yard without verifying whether it sits in public right-of-way. What looks like your property may actually be city-owned. Check your property survey and contact the city before proceeding with any tree near streets or sidewalks.

Ignoring HOA requirements. Homeowners focus on city regulations and completely overlook HOA rules. Always check both city and HOA requirements. The HOA approval process often takes longer than city permits, so start there first.

Removing trees during disputes. If you're in a boundary dispute with neighbors or disagreement about tree ownership, removing the tree before resolving the dispute creates legal liability. Trees on or near property lines require careful verification of ownership before removal.

Failing to notify utility companies. Even when city permits aren't required, trees near power lines, gas lines, or other utilities demand coordination with utility companies. They may need to de-energize lines or provide clearance. Call 811 (New Mexico One Call) at least two business days before any digging or tree work near utilities.

Starting work before receiving approval. Some homeowners submit applications then start removal assuming approval is forthcoming. Never begin work until you receive written approval. If the application is denied and work already started, you face violations plus restoration requirements.

Not keeping permits on-site. Approved permits must be available at the work site. Code enforcement or neighbors may question the work, and having the permit readily available prevents disruptions and proves compliance.

Missing permit expiration dates. Permits expire. If you delay removal after receiving approval, check whether your permit remains valid. Expired permits require reapplication and new fees.

Careful attention to these common pitfalls saves money, time, and stress. When in doubt, ask questions before taking action. The City Forester's office, HOA management, and professional tree services can all provide guidance for your specific situation.

What Happens If You Remove a Tree Without Required Permits

Understanding the consequences of unpermitted tree removal motivates proper compliance and helps you avoid serious problems.

City violations result in fines and penalties. Unauthorized removal of trees requiring permits under Albuquerque ordinances subjects property owners to penalties outlined in Section 6-6-1-99. While specific fine amounts depend on circumstances, violations create official records that affect your property and potentially impact future permits.

Restoration requirements may be imposed. Beyond fines, the city can require you to plant replacement trees, restore disturbed public property, or pay for city-performed restoration work. Replacement costs often exceed the original removal expense, making violations financially painful.

HOA violations create additional consequences. Removing trees without HOA approval typically results in fines that accumulate until you come into compliance. HOAs can place liens on your property for unpaid fines, affecting your ability to sell or refinance. Some HOAs require you to plant larger replacement trees at significant expense.

Property value impacts may occur. Official violations on property records can affect resale value and complicate transactions. Buyers and lenders review violation histories, and unresolved tree removal violations raise red flags during due diligence.

Neighbor complaints escalate problems. Even if the city doesn't initially discover unpermitted removal, neighbor complaints trigger investigations. Neighbors concerned about lost privacy, changed views, or property line trees often report unauthorized removal to city code enforcement and HOAs.

Insurance complications can arise. If unauthorized tree removal causes property damage—to your property, neighbors' property, or public infrastructure—insurance companies may deny claims or reduce coverage based on your violation of permit requirements. This leaves you personally liable for damages.

The risk isn't worth the shortcut. The time and minor expense of obtaining required permits pales compared to violation consequences. Even if you think nobody will notice or care, the legal and financial risks make compliance the only sensible choice.

If you've already removed a tree without required permits, consult with the City Forester's office and your HOA immediately about remediation options. Self-reporting and cooperating typically results in better outcomes than waiting for complaints and formal enforcement.

Working With Professional Tree Services

Professional tree removal companies in Albuquerque navigate permit requirements regularly and provide valuable expertise beyond just removing trees.

Reputable companies understand local regulations. Established Albuquerque tree services know which situations require permits, have relationships with the City Forester's office, and understand HOA processes. They can advise you accurately about whether your specific tree removal needs permits.

Many companies handle permits as part of their service. Ask potential tree removal companies whether they include permit processing in their scope of work. Companies that handle permits save you time and ensure proper compliance. This service may be included in the base price or available as an add-on.

Licensed and insured companies protect you. Beyond permits, working with properly licensed and insured tree services protects you from liability if workers are injured or property is damaged. Verify insurance coverage directly with the insurance carrier before allowing any work to begin.

Get written estimates that address permits. Quality tree service estimates specify whether permits are needed, who obtains them, associated costs, and timelines. Vague estimates that ignore permitting create surprises later. Clear communication upfront prevents disputes.

Companies can expedite emergency situations. When dangerous trees require immediate removal, professional services know how to work with the city on emergency protocols. They understand when emergency circumstances override normal permit timelines and can document situations appropriately.

When you're ready to move forward with tree removal in Albuquerque, working with experienced local professionals who understand both the technical and regulatory aspects delivers the smoothest experience and best protection for your investment.

Albuquerque's Tree Planting Initiatives

While this guide focuses on removal permits, understanding Albuquerque's tree planting context provides broader perspective on the city's urban forestry goals.

Let's Plant ABQ aims to plant 100,000 trees citywide as part of Mayor Tim Keller's initiative. This ambitious program recognizes that Albuquerque's semi-arid climate and urban heat island effects make trees crucial for livability, energy efficiency, and quality of life. The campaign promotes community tree plantings by individuals and organizations.

Climate-ready tree species are recommended for Albuquerque's challenging conditions. The Let's Plant Albuquerque Coalition created a list of trees appropriate for our area, selected for regional adaptability, non-invasiveness, street or landscape appeal, and species diversity. This reference guide helps homeowners choose trees that will thrive without excessive water use.

TreeBate rebates support tree maintenance. The Albuquerque Bernalillo County Water Utility Authority offers up to $100 rebates on water bills for tree maintenance or purchases of new trees. This incentive recognizes that well-maintained trees provide cooling that reduces water demand while also beautifying the community.

The city encourages thoughtful tree management rather than indiscriminate preservation. Unlike cities that make tree removal extremely difficult even for hazardous trees, Albuquerque balances preservation with practical property management. The focus remains on maintaining overall tree canopy through strategic planting rather than preventing all removals.

This context explains why Albuquerque's permit requirements are less burdensome than many cities. The emphasis is on growing the urban forest through voluntary planting initiatives rather than heavy regulation of private property tree removal.

Special Considerations for Albuquerque Trees

Several factors unique to Albuquerque affect tree removal decisions and permitting considerations.

Drought-stressed trees are increasingly common. Years of drought and water conservation efforts have stressed many mature trees throughout Albuquerque. Drought-stressed cottonwoods, in particular, become hazardous as they decline. These trees often legitimately need removal for safety even though homeowners wish they could save them. Document tree condition when seeking permits for drought-damaged trees.

Monsoon season damage creates emergency situations. High winds during monsoon season (June-September) regularly damage trees across the city. After major storms, emergency tree removal demand spikes. Emergency situations with immediate hazards receive expedited processing, but document the emergency with photos and contact officials promptly.

Pollen control ordinances affect planting, not removal. Albuquerque restricts planting of certain high-pollen trees like male cottonwoods, ash, juniper, and elm to reduce allergic reactions among residents. These restrictions apply to new plantings, not removal of existing trees. However, if permits require replacement trees, choose species that comply with pollen restrictions.

Bark beetle infestations in piñons create widespread removal needs. The piñon pine, New Mexico's state tree, has suffered massive die-offs from drought and bark beetle infestations. Dead piñons are common throughout Albuquerque and typically don't require permits for removal from private property. However, the quantity of dead trees has increased removal demand and disposal challenges.

Historic district trees may have additional oversight. Properties in designated historic districts like Old Town, Huning Highland, or other protected areas may face additional review for tree removal affecting historic character. Check with the Historic Preservation Office if your property has historic designation.

These Albuquerque-specific factors influence both the practical need for tree removal and the permitting landscape. Understanding local context helps you make informed decisions about trees on your property.

Resources and Contacts

Having the right contact information ensures you can quickly get answers about your specific situation.

City of Albuquerque Parks and Recreation - City Forester For questions about tree removal permits, street trees, and public space trees:

• Call 311 (city information line)

• Visit cabq.gov/parksandrecreation for tree information

• Email specific questions through the Parks and Recreation contact form

Planning and Zoning For questions about property boundaries, right-of-way, and development permits:

• Call 505-924-3860

• Visit cabq.gov/planning

Code Enforcement To report violations or ask about compliance:

• Call 311 or 505-768-2000

• Report online through the 311 mobile app

New Mexico One Call Before any digging or tree removal near utilities:

• Call 811 at least two business days before work

• File online at nm811.org

HOA Management Contact information for your specific HOA appears on monthly dues statements, community websites, and your original closing documents. Keep this information readily available for questions about community rules.

Professional Arborist Organizations The International Society of Arboriculture provides certified arborist directories and tree care resources at treesaregood.org. Find ISA Certified Arborists in Albuquerque through their online directory.

Keep these resources handy whenever you're planning tree removal or have questions about permits and regulations.

Ready to Remove Your Tree Safely and Legally

Understanding Albuquerque's tree removal permit requirements protects you from violations while streamlining the process when permits are actually needed. For most homeowners with trees on private property away from public spaces, the relief is immediate—you can proceed with removal without city permits. For those situations requiring permits, the process is straightforward when you know what to expect.

The key points to remember: trees entirely on private residential property typically don't need city permits, but trees on or near public right-of-way do require permits from the City Forester. Always check your HOA requirements separately from city regulations, as HOA rules often apply even when city permits don't. When in doubt, verify requirements before proceeding with removal rather than assuming you're clear.

Taking a few minutes to check regulations and, when necessary, obtaining proper permits protects you from fines, legal complications, and expensive restoration requirements. The minor time investment in compliance pays off through peace of mind and legal protection.

Don't let permit confusion delay necessary tree removal. Whether you have a hazardous tree threatening your home, a dead tree that's become an eyesore, or simply need to clear space for a new landscape project, understanding the rules empowers you to move forward confidently.

Ready to remove that tree? Contact us today to schedule a free estimate. Our experienced team handles tree removal throughout Albuquerque, understands local permit requirements, and will guide you through every step of the process. We'll assess your tree, clarify any permit needs, provide transparent pricing, and complete the removal safely and professionally. Schedule your free consultation now using the form below, and take the first step toward a safer, more beautiful property.