This article shall be effective within the corporate limits of the Town, including any areas subsequently annexed by the Town.
(Ordinance 25-014 adopted 10/27/2025)
The purpose of this article is to encourage the preservation of mature trees which once removed cannot be replaced by equivalent trees, to preserve protected trees during construction, and to control the removal of protected trees when necessary. It is the intent of this article to achieve the following:
(1)
Preserve the country atmosphere and natural environment that define the community character of the Town and make it a unique and desirable community.
(2)
Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development or redevelopment.
(3)
Prohibit the indiscriminate clear-cutting of land.
(4)
Protect and increase the value of residential and commercial properties within the Town.
(5)
Maintain and enhance a positive image for the attraction of new residents and business enterprises to the Town.
(6)
Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town.
(7)
Provide for shade, windbreaks and the cooling of air; thereby, reducing the requirements for air conditioning and heating and the utilization of scarce energy sources.
(Ordinance 25-014 adopted 10/27/2025)
The following words shall have the meanings as indicated:
The actual base area of a building and an area not to exceed 6' around the foundation necessary for construction and grade transitions.
The diameter of the trunk of a tree measured 12" above grade.
The indiscriminate removal of protected trees from a site or tract.
Uprooting or severing the main trunk of a tree, or any act which causes or may reasonably be expected to cause a tree to die. This includes, but is not limited to: damage inflicted upon the root system of a tree by machinery, storage of materials, or the compaction of soil above the root system of a tree; a change in the natural grade above the root system of a tree; an application of herbicidal chemical(s) or the misapplication of beneficial chemical(s); excessive pruning; placement of impervious pavement over the root system of a tree; or trenching or boring within the critical root zone.
The area of native soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline, as referenced in figure 2, section 3.11.012(b).
The diameter at breast height (dbh) is the tree trunk diameter measured in inches at height of four and one-half feet (4 1/2') above ground level.
A vertical line run through the outermost portion of the canopy of a tree and extending to the ground, as referenced in figure 2, section 3.11.012(b), or, if a tree is damaged or deformed, a circular area with a radius equal to two feet per caliper inch.
Chain-link fencing, orange vinyl construction fencing or other fencing at least four feet (4') in height and supported at a maximum of ten-foot intervals by approved methods sufficient to keep the fence upright and in place. The fencing shall be of a highly visible material.
The removal of dead, injured or diseased limbs or roots to maintain plant health or the removal of limbs or roots to control or direct vegetative growth.
The Town of Copper Canyon, Texas.
Any self-supporting, woody perennial plant which will attain a trunk diameter of two inches (2") or more when measured at a point six inches (6") above ground level.
Upon recommendation by the environmental conservation commission, a historic tree shall be any tree that has been designated by the Town Council, after public hearing and due notice to the owner of the tree, as a tree of notable historical interest and value to the Town because of its location or historical association with the community.
A tree as listed in the Approved Tree List, as referenced in figure 1, section 3.11.012(a), that has a diameter of four inches (4") or greater measured at four and one-half feet (4 1/2') above ground level. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half (1/2) of the diameter of each additional trunk. Includes Specimen and Historic classifications.
A tree as listed in the Approved Tree List, as referenced in figure 1, section 3.11.012(a), that has a minimum number of caliper inches, pursuant to section 3.11.007 of this article and a minimum height of seven feet (7'), measured at ground level, at time of planting.
Any tree listed on the Town's medium, or large protected tree lists can be considered a specimen tree if it reaches the designated size for that list. For the medium tree list, a specimen tree shall be any tree that measures 19 inches or more in caliper width. For the large tree list, a specimen tree shall be any tree that measures 25 inches or more in caliper width. Post oak trees shall receive a separate designation and specimen size classification of 22 inches or more in caliper width.
A company or entity, or agent for a company or entity, which provides to Town residents and/or customers a retail utility service such as the provision of gas, electric, cable or telephone service in the Town.
(Ordinance 25-014 adopted 10/27/2025)
The terms and provisions of this article apply to all property as follows:
(a)
All real property upon which any Protected, Specimen, or Historic Tree is located.
(b)
All vacant (without structures), undeveloped real property.
(c)
All real property to be subdivided or re-subdivided, including final plats and replats.
(d)
Oil and gas development sites, including but not limited to those associated with drilling or exploration activities, and any areas subject to installation of oil and/or gas transmission pipelines, regardless of size.
(e)
Rights-of-way, streets, parks, and any other public property under the jurisdiction of the Town of Copper Canyon.
(f)
All new development, as well as, all existing property zoned for single-family residential use.
(g)
Note: There is a simplified process for tree removal permits unrelated to new development.
(Ordinance 25-014 adopted 10/27/2025)
(a)
Nothing herein shall require any change in the plans, construction or designed use of any parcel of property, for which a permit for construction has been issued, as of the effective date of this article.
(b)
During the period of an emergency, including but not limited to a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the Town Council. In addition to rights granted by easement, those utility service providers lawfully operating within the right-of-way may remove trees that interfere with utility service during an emergency or where there is a danger to the public health, safety and welfare.
(c)
For the maintenance of existing facilities, utility service providers or their contractors, subcontractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with utility service. Said trimming or removal shall not be done in a manner such that the aesthetics and health of the trees are destroyed and shall be done under the supervision and direction of any Town official to whom said duties have been or may be delegated. The Town may require boring under trees within the dripline instead of trenching. Nothing herein shall supersede the provisions of the Town's right-of-way management ordinance, if any, as amended.
(d)
A diseased or damaged tree which is determined to be beyond the point of recovery, or in danger of falling, shall be exempt from the provisions of this article. The removal of a diseased tree by the Town or by an individual is required to reduce the chance of spreading the disease to adjacent, healthy trees.
(e)
Any plant nursery, as defined or may be defined in Exhibit 14A, Zoning Ordinance of the Town, as amended, is exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.
(f)
Any paved surface within the critical root zone of a protected tree, which is in existence on or before the effective date of this article, may be replaced or maintained.
(g)
Golf courses, hike/bike trails and sports fields open for public use.
(h)
Major drainage structures, including detention and retention basins/ponds, and including transitional slopes at the maximum slope allowed by ordinance or other applicable regulation.
(i)
All easements and rights-of-way included on a final plat of any single-family or multi-family residential subdivision approved by the Town and filed in the plat records of the county.
(j)
The mowing, clearing and grubbing of brush located within the dripline of protected trees shall be allowed, provided such mowing, clearing or grubbing is accomplished by hand or by mowers. The use of bulldozers, loaders or other construction or earth-moving equipment for this purpose shall not be allowed.
(k)
A tree located on property which is zoned AG (Agricultural) and being actively used for agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet from the principal structure on the property or the owner's residence that is used as a homestead.
 (Illustration depicting exempt and protected trees on AG zoned property. The entire critical root zone of the exempt trees shall be within 150 feet of the principal structure on the lot.) |
(Ordinance 25-014 adopted 10/27/2025)
(a)
No clear-cutting of land is allowed. Prior to construction or development on a site that contains one or more protected trees, a Tree Preservation Plan must be approved by the Town Council. If the site does not contain any protected trees, as defined herein, a letter, prepared by a registered surveyor, engineer, architect, registered arborist or landscape architect, shall be submitted to the Town, which verifies that protected trees are not on the subject site.
(b)
In the event ten (10) or more protected trees are removed from a site without a tree removal permit, the zoning classification on such site may not be changed for sixty (60) months thereafter, nor can an application for approval of a preliminary plat, final plat, site plan, or planned development relative to such site be made or accepted by the Town for such period, calculated from the date of discovery of such removal.
(c)
The application for a Tree Preservation Plan shall be submitted on a form provided by the Town and accompanied by a site plan by a registered surveyor, engineer, architect, registered arborist or landscape architect that includes, but is not limited to the following:
(1)
Delineation of site boundaries;
(2)
Location of all existing or proposed structures and improvements including but not limited to streets, alleys and easements;
(3)
A tree survey depicting the species, location and caliper of all protected trees to be preserved, with a numerical reference for each tree to be preserved;
(4)
A tree survey depicting the species, location and caliper of all protected trees to be removed, with a numerical reference for each tree to be removed;
(5)
Proposed and existing contours; and
(6)
Tree protection measures.
(d)
Protected trees that are not removed, or have been identified and designated on the Tree Preservation Plan to be preserved, must be protected under the following conditions:
(1)
No materials intended for the use in construction or waste materials accumulated due to excavations or demolition shall be placed within the limits of the critical root zone.
(2)
No equipment shall be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.
(3)
No signs, wires or other objects, other than those of a protective nature, shall be attached to any protected tree; however, lighting of a decorative nature may be attached to a protected tree. The lighting shall be attached in a manner as not to damage the protected tree.
(4)
No vehicular and/or construction traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on a preexisting paved surface. This restriction does not apply to access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.
(5)
Grade changes shall be allowed within the limits of the critical root zone of any protected tree only upon approval by the Town.
(6)
No paving with asphalt, concrete or other impervious materials shall be placed within the critical root zone of a protected tree; however, paving may encroach up to five feet (5') from the trunk, upon approval by the Town.
(7)
In those situations where a protected tree is within fifty feet (50') of a construction area, a protective fence, a minimum of four feet (4') feet in height, shall be erected and maintained outside of the critical root zone of each protected tree or tree group. The protective fencing also shall be required on the subject site if the critical root zone extends onto adjacent property.
(8)
No person, directly or indirectly, shall critically alter, prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on Town-owned property unless otherwise authorized by the Town.
(e)
Boring of utilities under protected trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a protected tree. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. All trenching shall be designed to avoid trenching across the critical root zone of any protected tree, unless otherwise approved by the Town Staff. Mechanical trenching within the critical root zone shall not be allowed. Trenching by hand shall not critically alter the root system. The placement of irrigation systems and underground utility lines shall be located outside of the critical root zone of protected trees.
(f)
The Town has the right to plant, prune and maintain any tree located on a right-of-way, easement, public parkland or any other municipally owned property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public properties. The Town may remove or cause or order to be removed any tree or part thereof, which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements. Tree removal by the Town may be undertaken without a tree removal permit.
(Ordinance 25-014 adopted 10/27/2025)
(a)
No person, directly or indirectly, shall critically alter, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree without first obtaining a tree removal permit, unless otherwise specified in this article. The application for a tree removal permit shall be submitted on a form provided by the Town. Permits may be issued with verification that the protected tree is damaged or diseased.
(b)
An application for a tree removal permit may be submitted in conjunction with the following:
(1)
An application for a development Permit to fill or grade property;
(2)
An application for a preliminary plat, including the development of new internal streets, final plat or replat; or
(3)
If the property is platted, an application for a tree removal permit shall be submitted in advance of or in conjunction with a permit application for new construction.
(4)
A tree removal permit application also may be submitted in conjunction with a tree preservation plan.
(c)
A tree removal permit is also required for any protected tree located within the buildable area of a lot or site. The Developer must make a reasonable effort to configure the buildable area to save protected trees, particularly specimen and historic trees.
(d)
Related to development, an application for a tree removal permit shall be accompanied by a site plan by a registered surveyor, engineer, architect, registered arborist or landscape architect that includes, but is not limited to, the following:
(1)
Delineation of site boundaries;
(2)
Location of all existing or proposed structures in conjunction with a building permit application, or improvements or facilities such as streets, alleys and easements in conjunction with a plat application;
(3)
A survey depicting the location, species and dbh of all protected trees to be removed; and
(4)
Each tree survey shall contain a count of all protected trees that will be removed from the buildable area on the property.
(5)
A statement of the reason(s) for the proposed tree removal shall be summarized in legend form on the plan. The same summary shall also be submitted on a legible 8.5" x 11" document.
(e)
Unrelated to development, an application for a tree removal permit shall include the following information:
(1)
The name, address and telephone number of those persons or entities who own the property and those persons or entities seeking the permit.
(2)
The address, existing use, and zoning of the related property.
(3)
A detailed written statement stating the reasons for the requested alteration including citation to any relevant provision of this article that may authorize the alteration and including the following:
(4)
A legible diagram or map indicating the following for the area reasonably likely to be affected if the permit is issued:
(A)
Location of all existing structures, improvements, streets or rights-of-way, property lines, easements, existing utility service lines, and the common or botanical name, size and location of related trees.
(5)
Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property.
(f)
Tree removal permit on property zoned agricultural district (AG) uses.
(1)
If within any 12-month period, tree removal permits for the removal of 20 or more protected trees are issued for the same agricultural property or tract, or any of its portions, the agricultural zoning district classification of such property cannot be changed, nor can an application for approval of a development plan, planned development or zoning amendment relative to such property be made, for a period of 60 months following the most recent 12-month period during which 20 or more protected trees were removed from such agricultural zoned property.
(g)
Upon receipt of a complete application for a tree removal permit, the Town's development Review Committee shall be responsible for the review and approval, where applicable, of all requests submitted in accordance with the requirements specified herein.
(h)
Any decision of the development Review Committee may be appealed to the Town Council. Action upon an appeal by the Town Council shall be final.
(i)
Consideration for the approval of a tree removal permit shall be based upon the following guidelines:
(1)
Whether the removal of the protected tree is permitted by any of the exemptions of this article;
(2)
Whether a reasonable accommodation or alternative solution is available to accomplish the desired activity without the removal of the protected tree;
(3)
The effect of the removal of the protected tree on erosion, soil moisture, retention, flow of surface waters and drainage systems;
(4)
The need for buffering of residential areas from the noise, glare and the visual effects of nonresidential uses;
(5)
Whether the removal of the protected tree affects the public health, safety or welfare of the Town and its residents; and
(6)
Whether the application and related submittals reflect an attempt to preserve existing trees on the site.
(j)
An approved tree removal permit shall expire six months after it is granted.
(k)
In the event any protected tree is removed from property without a tree removal permit, or any protected tree is injured or critically altered because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, the Town Administrator or designee shall have the authority to impose one or more of the following administrative or civil penalties on the developer and/or owner of the property:
(1)
A monetary penalty of two hundred fifty dollars ($250.00) per caliper inch of width of the protected tree(s) removed, payable to the Town. All funds so received shall be deposited in the Tree Restoration Fund.
(2)
Replacement with new trees having a total caliper width equivalent to five times that of the removed tree(s). Such replacement trees shall be container-grown and have a minimum caliper width of three inches (3"), measured at six inches (6") above ground level. Alternatively, container-grown replacement trees may have a minimum caliper width of four inches (4") measured at twelve inches (12") above ground level. In either event, replacement trees shall have a minimum height of at least six feet (6') and shall be planted in a location(s) referenced in section 3.11.007(d).
(Ordinance 25-014 adopted 10/27/2025)
(a)
Replacement trees shall be required under the following conditions:
(b)
Replacement trees shall be planted in accordance with the provisions of this article per the following rates:
For each protected tree to be Removed | Required Size and Number of New Replacement Trees |
|---|---|
4" dbh to 12" dbh | Minimum 3" caliper, equivalent to 100% of dbh removed |
Greater than 12" dbh to 30" dbh | Minimum 4" caliper, equivalent to 100% of dbh removed |
Greater than 30" dbh | Minimum 6" caliper, equivalent to 100% of dbh removed. |
(c)
Acceptable types of replacement trees are designated in the Approved Tree List, as referenced in figure 1, section 3.11.012(d).
(d)
The replacement trees shall be located on the subject site whenever possible and if not possible, on other property acceptable to the Town.
(Ordinance 25-014 adopted 10/27/2025)
(a)
Trees identified on a Tree Preservation Plan or trees identified to be replaced shall be eligible to meet the requirements and credits of Exhibit 14A, Zoning Regulations for areas of the site not within a Landscape Buffer. The minimum landscape requirements of a Landscape Buffer shall be met in addition to this article, when applicable.
(b)
No protected tree shall be pruned in a manner which critically alters the tree, or in a manner which would reasonably lead to the death of the tree. This provision is not intended to require a tree removal permit for reasonable pruning performed or contracted to be performed by the owner of the tree.
(c)
Trees required to be planted by this article shall be planted in accordance with the intersection visibility triangles as specified in Exhibit 14A, Zoning Ordinance, section 4-110 "Vision Clearance," as amended, of the Town of Copper Canyon, Texas.
(d)
The filling and reclamation of property and mitigation as delineated on a section 404 Permit, issued by the U.S. Army Corps of Engineers, shall be permitted in lieu of the requirements of this article. The removal of any protected tree on the subject property shall be in accordance with a filing, reclamation, and mitigation plan approved and/or ordered by the Corps of Engineers incident to the filling and reclamation of wetlands and flood lands on such property. As soon as the reclamation and mitigation prescribed by the Corps of Engineers has been completed, and the property is no longer under the supervision and authority of the Corps of Engineers, this article and its provisions shall immediately apply to such property thereafter.
(e)
Non-protected trees often are found in groupings or "stands" of trees and provide natural buffering, property delineation, shade and have similar beneficial effects upon property. Efforts shall be made during property development to protect such stands of trees, even when such trees are not deemed protected, pursuant to the terms of this article.
(Ordinance 25-014 adopted 10/27/2025)
The Zoning Board of Adjustment, after conducting a Public Hearing in accordance with state law, shall hear appeals from decisions or determinations of the Town Staff (other than tree removal permit determinations, which appeals shall be heard by the Town Council) and/or Town Staff and may approve a variance to all or a portion of such decisions or determinations.
(Ordinance 25-014 adopted 10/27/2025)
(a)
No building permit, development permit or certificate of occupancy shall be issued if there has not been compliance with any provision contained in this article.
(b)
The Town may refuse to accept any public improvements until all penalties and/or fines for violations of this article have been paid; provided, however, that acceptance of public improvements shall be authorized before all trees shall be replaced if, with the development Review Committee's approval, the Town is provided with a cash deposit or acceptable surety bond in the amount of the cost to replace any tree(s).
(c)
A person commits an offense if the person critically alters a protected tree not otherwise excepted by this article.
(d)
Any person, firm, corporation, agent or employee thereof who violates any provision of this article shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed $500.00 for each such violation. The unlawful critical alteration of each protected tree shall be considered a separate offense.
(e)
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined in this article.
(Ordinance 25-014 adopted 10/27/2025)
(a)
Approved tree list.
Figure 1. Approved Tree List | |
|---|---|
Large Trees (40+ Feet) | Species Name |
Bigtooth Maple | Acer grandidentatum |
Caddo Maple | Acer saccharum "Caddo" |
Pecan | Carya Illinoensis |
White Ash | Franxinus Americana |
Sweetgum | Liquidamber styraciflua |
Southern Magnolia | Magnolia grandiflora |
Escarpment Live Oak | Quercus fusiformus |
Bur Oak | Quercus macrocarpa |
Chinkapin Oak | Quercus muehlenbergii |
Shumard Red Oak | Quercus shumardii |
Post Oak | Quercus stellata |
Live Oak | Quercus virginiana |
Bald Cypress | Taxodium distichum |
American Elm | Ulmus Americana |
Cedar Elm | Ulmus cassifolia |
Drake Elm | Ulmus parvifolia "Drake" |
Lacebark Elm | Ulmus parvifolia |
Slippery Elm | Ulmus rubra |
Chittamwood | Bumelia langinosa |
Arizona Cypress | Cupressus arizonica |
Texas Persimmon | Diospyros texana |
Easter Persimmon | Diospyros virginiana |
Green Ash | Fraxinus pennsylvaca |
Texas Ash | Fraxinus texensis |
Texas Walnut | Uglans macrocarpa |
Ashe Juniper | Juniperus ashei |
Eastern Red Cedar | Juniperus virginiana |
Eldarica Pine | Punus eldarica |
Chinese Pistache | Pistacia chinesis |
Texas Oak | Quercus buckeyii |
Mid-size Trees (25-40 Feet) | |
Harvard Shin Oak | Quercus havardii |
Bluejack Oak | Quercus incana |
Lacey Oak | Quercus laceyi |
Blackjack Oak | Quercus marilandica |
White Shin Oak | Quercus sinuate var. brevicoba |
Western Soapberry | Sapindus drummondii |
Winged Elm | Ulmus Alata |
(b)
Critical root zone.
Figure 2. Critical Root Zone  |
(Ordinance 25-014 adopted 10/27/2025)