(a) 
The general purpose of these regulations is to establish the standards for the preservation and protection of a diminishing natural resource, in particular the native and other adapted existing site trees located in the city, and to encourage the planting of trees to replace and supplement our urban forest during the development, construction, and redevelopment process. It is the general intent of this article to protect mature trees and established trees, except for species that are identified as unprotected. In adopting this article, the city council expressly recognizes that protected trees often must be removed during the development process and thus it is necessary to define mitigation measures that over time will result in the reforestation of the city.
(b) 
This article is intended to prevent the indiscriminate cutting of trees in advance of development, to require the consideration of trees as a component of site design, and to allow for the commercially reasonable development of private property subject to minimum standards for the preservation and planting of trees. The provisions of this article shall not be construed or applied to preclude development or prohibit ingress or egress.
(c) 
Specific purposes include the following:
(1) 
Preserve and enhance the existing natural features of the city that attract people to this community;
(2) 
Encourage preservation of existing public and private shade trees and ornamental trees;
(3) 
Define reasonable measures to preserve existing protected trees;
(4) 
Increase the population and the life span of protected trees;
(5) 
Improve the air quality and environmental comfort of both business and residential citizens;
(6) 
Reduce the erosive effects of rainfall;
(7) 
Prevent the indiscriminate destruction or removal of mature trees;
(8) 
Increase property values by improving the aesthetic qualities of the built environment by incorporating existing mature trees into the built environment;
(9) 
Encourage the preservation of tree groves in order to protect and decrease fragmentation of wildlife habitat;
(10) 
To balance the needs of development with the goals of preserving mature trees.
(Ordinance 24-963 adopted 2/8/2024)
Unless the context clearly indicates otherwise, in this article:
Caliper.
The measurement or diameter across the center of a tree. For purposes of this article, the caliper is measured at 4.5 feet above ground level.
Commercial property.
The property on which is located any for-profit business or multifamily housing in which more than two dwelling units exist.
Demolition permit.
A permit required by the city to remove structures from either residential, institutional, or commercial property.
Drip line.
The area of unpaved ground under the branches of a tree.
Institutional property.
Property on which is located any school, church, or other public service nonprofit institution.
Public right-of-way.
The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel easement or similar property within the city.
Remodeling.
Modifications made to an existing structure, which would require a building permit.
Residential property.
The property on which is located a one-family or two-family dwelling unit that is a person's residence;
Shared tree.
The body of the trunk of a tree, which grows on the property line of different property owners.
Tree.
Any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown.
Tree disposition plan.
A survey of existing trees on a piece of property containing the following information:
(1) 
The approximate location of the trees;
(2) 
The caliper or diameter of each tree;
(3) 
The species of each tree; and
(4) 
The proposed and replacement of any trees.
Tree removal permit.
A permit which allows the property owner, commercial entity, or institutional entity to remove trees in designated areas, and which as been approved in advance by the City of Humble Building Department.
Undesirable trees.
All trees listed on the current Texas A&M Forest Service's Forest Health: Common Invasive Plants in East Texas, as the same may be amended from time-to-time.
(Ordinance 24-963 adopted 2/8/2024)
Trees on institutional property shall only be removed after obtaining a tree removal permit in accordance with the requirements of this section.
(1) 
A tree removal permit is required for:
(A) 
The removal of a tree on institutional property with a caliper greater than or equal to four inches; and
(B) 
The removal of a tree of a variety other than a listed "undesirable tree."
(2) 
A tree removal permit is not required for the following conditions:
(A) 
The removal of a tree on institutional property with a caliper less than four inches;
(B) 
The removal of a designated undesirable tree of any size; or
(C) 
The property owner provides documentation from a landscape architect, landscape designer, horticulturist, or other person or firm approved by the building official of the city, that the tree is diseased, dying, or is endangering person or property.
(3) 
Public rights-of-way:
(A) 
A tree which is located in a public right-of-way and has a caliper of greater than four inches may not be removed, except under the following circumstances:
(i) 
The tree is a designated undesirable tree;
(ii) 
The tree is in the path of utility installation, driveways, sidewalks or streets and no other reasonable accommodations can be made; or
(iii) 
The property owner provides documentation from a landscape architect, landscape designer, horticulturist, or other person or firm approved by the building official of the city, that the tree is diseased, dying, or is endangering persons or property.
(B) 
The removal of any tree with a caliper of greater than four inches, which does not meet the exceptions set forth in subsection (3)(A) above requires a tree removal permit.
(Ordinance 24-963 adopted 2/8/2024)
Trees on residential or institutional property, which is undergoing new construction, remodeling, demolition or lot clearing, shall only be removed after obtaining a tree removal permit in accordance with the requirements of this section.
(1) 
A tree removal permit is required for:
(A) 
The removal of a tree on residential, commercial, or institutional property with a caliper greater than or equal to four inches; and
(B) 
The removal of a tree of a variety other than a designated undesirable tree.
(2) 
A tree removal permit is not required for the following conditions:
(A) 
The removal of a tree on residential, commercial, or institutional property with a caliper less than four inches;
(B) 
The removal of a designated undesirable tree of any size; or
(C) 
The property owner provides documentation from a landscape architect, landscape designer, horticulturist, or other person or firm approved by the building official of the city, that the tree is diseased, dying, or is endangering persons or property.
(3) 
Public rights-of-way:
(A) 
A tree which is located in a public right-of-way and has a caliper of greater than four inches may not be removed, except under the following circumstances:
(i) 
The tree is a designated undesirable tree;
(ii) 
The tree is in the path of utility installation, driveways, sidewalks or streets and no other reasonable accommodations can be made; or
(iii) 
The property owner provides documentation from a landscape architect, landscape designer, horticulturist, or other person or firm approved by the building official of the city, that the tree is diseased, dying, or is endangering persons or property.
(B) 
The removal of any tree with a caliper of greater than four inches, which does not meet the exceptions set forth in subsection (3)(A) above requires a tree removal permit.
(4) 
Tree disposition plan: The property owner or the building contractor shall be responsible for developing a tree disposition plan for the preservation and replacement of trees on the property. A sample tree disposition plan will be available from the city's building department. The building official or their designee or the code enforcement officer will verify the tree disposition plan according to the following schedule:
(A) 
Lot clearing that requires a tree removal permit shall require a tree disposition plan submitted and approved prior to lot clearing and issuance of a tree removal permit and must remove undesirable trees; replacement trees if required must be installed prior to final inspection and issuance of certificate of occupancy.
(B) 
Demolition that requires a tree removal permit shall require a tree disposition plan submitted and approved prior to the issuance of the demolition permit and tree removal permit; replacement trees if required must be installed prior to final inspection and issuance of certificate of occupancy.
(C) 
New construction that requires a tree removal permit shall require a tree disposition plan submitted and approved prior to lot clearing and issuance of a tree removal permit and must remove undesirable trees; replacement trees if required must be installed prior to final inspection and issuance of certificate of occupancy.
(D) 
Remodeling that requires a tree removal permit shall require a tree disposition plan submitted and approved prior to the issuance of the demolition permit and tree removal permit; replacement trees if required must be installed prior to final inspection and issuance of certificate of occupancy.
(5) 
Buffering required for lot clearing: On lots that are to be wholly or partially cleared for future development the following tree preservation zones are required:
(A) 
A strip 25 feet deep along the front of the property, running parallel and adjacent to the rear line of any easement or series of easements abutting the street right-of-way, or adjacent to the right-of-way if there are no abutting easements;
(B) 
A strip 18 feet deep along any side street, running parallel and adjacent to the rear line of any easement or series of easements abutting the street right-of-way, or adjacent to the right-of-way if there are no abutting easements;
(C) 
All required preservation zones shall have a minimum density of one tree per 50 linear feet. This may be accomplished by mandatory preservation of existing trees or by a combination of mandatory preservation and replacement tree plantings that are at minimum 45-gallon in size; and
(D) 
Protected trees located within a preservation zone are subject to mandatory preservation and no tree removal permit shall be issued to authorize the removal of any healthy protected tree except where the removal is necessary for the construction of infrastructure, driveways, on-premises advertising signs or if documentation from a landscape architect, landscape designer, horticulturist, or other person or firm approved by the building official of the city, that the tree is diseased, dying, or is endangering persons or property.
(6) 
Protection of trees during any construction: The property owner or building contractor shall provide the following protection for all remaining trees:
(A) 
A temporary chainlink or wood fence, or other material approved by the building official, not less than four feet high at the dripline of the tree.
(B) 
A six inch layer of mulch covering exposed roots within walk areas not covered by tree fencing.
(C) 
Construction materials or chemicals may not be stored within the dripline of the tree.
(D) 
Except as set forth in subsection (6)(E), vehicles or construction equipment may not be driven or parked across the dripline of the tree.
(E) 
Builders shall be entitled to a total of 20 feet of access to the construction site. Such access may or may not be continuous and every effort will be made to design access so that it does not compromise the construction protection for existing trees.
(7) 
Removal of undesirable trees during lot clearing or new construction. All undesirable trees must be identified on the tree disposition plan and removed during lot clearing or new construction prior to obtaining a certificate of occupancy.
(8) 
City inspections:
(A) 
Inspections will be concurrent with regular construction inspections and at other times as necessary.
(B) 
The building inspector shall be responsible for overseeing compliance with the tree disposition plan and that the construction protection for remaining trees is as required per this article.
(Ordinance 24-963 adopted 2/8/2024)
A shared tree must have the written consent of each owner before the shared tree can be removed. A letter from a representative of each property owner, other than the property owner submitting the tree disposition plan, must be submitted to the city's building department with the tree disposition plan.
(Ordinance 24-963 adopted 2/8/2024)
(a) 
For new residential construction, the table below shows the minimum quantity of trees required. The replacement tree may not be an undesirable tree, but may include species which at maturity are smaller than the tree being replaced. Replacement will not be necessary if the number of remaining trees meets the minimum requirement:
Front Yard
Back Yard
Lots greater than or equal to 80 feet in width
Minimum of 3 trees
Minimum of 2 trees
Lots greater than or equal to 60 feet but less than 80 feet in width
Minimum of 2 trees
Minimum of 1 tree
Lots less than 59 feet in width
Minimum of 1 tree
Minimum of 1 tree
(b) 
The property owner or building contractor shall provide replacement trees which meet the following size requirements:
(1) 
A 30-gallon minimum size for any tree removed with a diameter of less than 15 inches measured 4.5 feet above the ground.
(2) 
A 45-gallon minimum size for any tree removed which equals 15 inches in diameter or greater measured 4.5 feet above the ground.
(3) 
Any species of trees is acceptable except undesirable trees.
(c) 
Any replacement tree that dies within the first two years of its planting would itself need to be replaced in accordance with the requirements of this section.
(Ordinance 24-963 adopted 2/8/2024)
All of the requirements of section 9.08.004 shall be applicable to this section with the following additional requirements:
(1) 
Street trees: The property owner or building contractor shall plant a minimum one 100 gallon tree for every 40 feet of street frontage and may include a public right- of-way.
(2) 
Parking lot trees: To the extent that the existing parking spaces would not have to be removed, the property owner or building contractor shall plant a minimum of one 100 gallon tree for every 10 parking spaces within or adjacent to a parking lot and may include a public right-of-way.
(3) 
The following trees are approved for complying with this section:
Common Name:
Scientific Name:
Southern Live Oak
Quercus virginiana
Southern Red Oak
Quercus falcata
White Oak
Quercus alba
Red Maple
Acer rubrum
Cedar Elm
ulmus crassifolia
Southern Magnolia
Magnolia grandiflora
American Sycamore
Platanus occidentalis
(4) 
In addition to the planting of trees along the street frontage and parking lot(s) of any commercial property, the property owner or building contractor shall plant a minimum of 10 three gallon shrubs for each required street tree. At least 75% of the shrubs must be planted along the street frontage or the perimeter of parking lots with the remainder planted within the interior of the parking lot.
(5) 
The following shrubs are approved for complying with this section:
Common Name:
Scientific Name:
Waxleaf Privet (Ligustrum)
Ligustrum japonicum
Wax Myrtle
Myrica cerifera
Japanese Boxwood
Buxus microphylla japonica
Lorapetalum
Loropetalum Chinese
Dwarf Yaupon Holly
Ilex vomitoria "Nana"
Dwarf Burford Holly
Ilex cornuta "Bufordii Nana"
Indian Hawthorne
Raphiolepis indica
Turner's Dwarf Pittosporum
Pittosporum tobia "Turner's Dwarf"
Wheeler' s Dwarf Pittosporum
Pittosporum tobia "Wheeler's Dwarf"
Primrose Jasmine
Jasminum mesnyi
Azalea (evergreen varieties)
Rhododendron indicum
(Ordinance 24-963 adopted 2/8/2024; Ordinance 25-992 adopted 6/12/2025)
Enforcement is applicable to both residential, institutional and commercial property.
(1) 
The city may assess a fine of up to $500.00 per occurrence per day for the removal of construction protection fencing and up to $500.00 per occurrence per day for the storage of construction materials within the designated protection area.
(2) 
The city may assess a fine of up to $500.00 per occurrence for the nonpermitted removal of a tree or the removal of a tree shown on the tree disposition plan as a tree which will remain, or the removal of a tree within a public right-of-way.
(3) 
Anyone may report violations to the city's building department.
(4) 
Upon observance of a violation, the building official or the code enforcement officer may:
(A) 
Issue a citation;
(B) 
Issue a stop-work order;
(C) 
Refuse to grant a certificate of occupancy.
(Ordinance 24-963 adopted 2/8/2024)
Fees assessed by the city for tree removal permits and tree disposition plans shall only cover administrative costs.
(1) 
The city shall assess a fee of $50.00 for a residential tree removal permit for existing residential properties and a fee of $100.00 for new construction.
(2) 
The city shall assess a fee of $50.00 for the review of a residential tree disposition plan for existing residential properties and a fee of $100.00 for new construction.
(3) 
The city shall assess a fee of $100.00 for a commercial or institutional tree removal permit for existing properties and a fee of $200.00 for new construction.
(4) 
The city shall assess a fee of $100.00 for the review of a commercial or institutional tree removal permit for existing properties and a fee of $200.00 for new construction.
(Ordinance 24-963 adopted 2/8/2024)