Private Residential Tree Permits

Milwaukie’s private residential tree code went into effect on May 19, 2022.

How to apply for a private tree permit

Tree permit applications are now offered through GovBuilt, Milwaukie's new online permitting system. Click here to apply for a private tree removal permit.

Why private tree code? 

Many cities in the region have private tree codes. About 80% of the city’s tree canopy is on private property. The code protects the community’s canopy and the benefits that trees provide by placing a higher value them. The private tree code was created, vetted, and developed through the public comprehensive plan implementation process along with housing and parking code updates. 

Note that areas outside of incorporated Milwaukie are exempt from the city’s tree code, they fall under Clackamas County jurisdiction. 

When are private tree permits needed?

Private tree removal permits are required for all trees over 6” DBH (diameter at breast height) on private property. Permits are not required for the removal of screening hedges, shrubs, or commercial fruit/horticultural trees. Pruning, stump grinding or other tree maintenance on private property does not require permits.

Trees over 2" DBH on public property are protected by the public tree code and require a permit for major pruning or removal. 

Diameter at breast height, or DBH, is the standard for measuring trees and refers to the tree diameter measured at 4.5' above the ground. Learn how to measure tree DBH here.

Types of private tree permits

Type 1 removal permits

Type 1 permits are removals of invasive species (as defined by the Oregon Noxious Weed list), dead/dying, diseased and hazardous trees. Trees causing unmitigable infrastructure impacts that cannot be reasonably fixed or prevented also fall under this category. Supportive documentation to qualify for a Type 1 permit must be submitted with the application. There are no fees for type 1 removal permits.

One healthy tree removal under 12” DBH per calendar year also qualifies as a Type 1 removal permit.  

Type 2 removal permits

Type 2 permits are elective removals of healthy trees that do not meet the Type 1 standards. Type 2 permits will incur removal fees that vary based on tree DBH. The larger the tree, the more the removal fee will be. The city encourages applicants to reconsider removals of healthy trees that do not meet Type 1 approval standards.

How much do Type 2 tree removals cost? 

Type 2 tree removals will incur fees that are outlined in the consolidated fee schedule.

Is replanting required after a tree is approved for removal?

Yes, replanting is a condition of permit approval. The amount of replantings required are based on the type of permit and the size of the tree(s) removed. Tree plantings must technically be a "tree" not a shrub. Shrubs cannot substitute for a tree. View size requirements here. There is a $675 in lieu of planting fee per tree if new tree(s) are not planted.

What if a tree is located in a protected natural area?

Any tree work that is located in a Habitat Conservation Area (HCA), the Willamette Greenway, or a Vegetated Corridor requires additional documentation and planning review. To verify the locations of HCAs and the Willamette Greenway, view the Milwaukie Zoning Map and turn those specific map layers on. Users are encouraged to contact the Planning Department to verify property zoning or to inquire about applicable development regulations at planning@milwaukieoregon.gov or 503.786.7630.  

What is the turnaround time for a permit? 

Private tree permits are typically processed in 1-4 weeks. Type 1 tree permit applications that are submitted with the all of the required supporting material are typically processed faster than Type 2 permit applications and incomplete ones.

What if a tree is removed without a permit?

Unpermitted removals of trees over 6" DBH on residentially zoned private properties will be considered  illegal removals. Illegal removals of trees will incur high fines. 

View the resources attached at the bottom of this webpage for more information about private tree permits

Questions? Contact the Urban Forest Department at urbanforest@milwaukieoregon.gov or 503.786.7655