What D.C. Property Owners and Sellers Must Know About the Urban Forest Preservation Act

Burrell Law, P.C. (Washington, D.C.) 

A Deal Gone Wrong: Meet Sandra*

Meet Sandra. She owns a home in the Cleveland Park neighborhood of Washington, D.C. After 20 years in her house, she’s finally ready to sell. The market is strong. She hires a real estate agent, stages her home beautifully, and accepts an offer well above asking price.

There’s just one problem. Before the “For Sale” sign went up, Sandra paid a contractor $1,500 to cut down a large oak tree in her backyard. The tree was old, and she thought it made the yard feel cluttered. She wanted the outdoor space to look bigger to potential buyers.

What Sandra didn’t know was that the oak had a trunk circumference of over 100 inches. Under D.C. law, that single measurement made it a Heritage Tree, one of the most protected natural resources in the entire District. She never got a permit. She never disclosed the tree to her buyer. And she had no idea the law even existed.

Now Sandra is staring at a civil fine of $30,000 or more, a potential stop-work order from the Urban Forestry Division of the District Department of Transportation (“UFD/DDOT”), and a very angry buyer threatening to walk away from the deal.

*Sandra’s story is fictional, but the law behind it is very real and the consequences are happening to real property owners across Washington, D.C. right now.

What Is the Urban Forest Preservation Act?

The Urban Forest Preservation Act, D.C. Code §§ 8-651.01 et seq. (“UFPA”), and its subsequent amendments, establishes the criteria for tree protection and the permitting process for removal of Heritage and Special Trees. The law is enforced by the UFD/DDOT.  UFD/DDOT has broad authority to issue fines, stop work orders, and even seek court injunctions against property owners, contractors, developers, and sellers who violate the Act. No one is exempt.

Two Types of Protected Trees (D.C. Code § 8-651.02)

The UFPA establishes two categories of protected trees. Knowing which category applies to a tree on your property is the first step to staying out of legal trouble.

Special Trees (D.C. Code §§ 8-651.02 & 8-651.04)

A Special Tree is any tree with a trunk circumference of at least 44  to 99.9 inches and is measured at  4.5 feet above the ground. Special Trees can be removed with a permit. That permit requires either: (1) proof from a licensed arborist that the tree is hazardous (a “Hazardous Tree” under the UFPA), or (2) payment of a fee of at least $55 per inch of circumference into the District’s Tree Fund.

Heritage Trees (D.C. Code §§ 8-651.02 & 8-651.04a)

A Heritage Tree is any tree with a trunk circumference of 100 inches or more, measured at 4.5 feet above the ground. These trees receive the highest protection under the UFPA. Unlike Special Trees, Heritage Trees cannot be removed simply by paying a fee. The only legal basis for removing a Heritage Tree is:

•  The tree is a Hazardous Tree, as certified by a licensed arborist; or
•  The tree belongs to a species identified by regulation as appropriate for removal.

Translation: if your Heritage Tree is healthy and not a safety risk, D.C. law likely prohibits you from removing it at all regardless of what you want to do with your yard or your property.

The Permit Requirement (D.C. Code §§ 8-651.04 & 8-651.04a)

Under D.C. Code §§ 8-651.04a, it is unlawful for any person or entity, including property owners, contractors, and even the District government itself, to “top, cut down, remove, girdle, break, or destroy” a Special Tree or Heritage Tree without first obtaining a Special Tree or Heritage Tree Removal Permit issued by the Mayor (administered through the UFD/DDOT).

For Special Trees,  the Owner of the tree can obtain a permit for removal by  paying the $55 per-inch of circumference Tree Fund fee. The Owner of the tree is the owner of the property on which the tree is located.

In 2022, the UFPA was amended to  add another layer: certain property owners must now submit a Tree Preservation Plan before any construction permits are issued on their property (D.C. Code § 8-651.04b(b)). This plan ensures that permitted work won’t damage the critical root zones of Special and Heritage Trees during development.

The Penalties Are Serious (D.C. Code §§ 8-651.04 & 8-651.08)

Violating the UFPA comes with steep financial consequences. Under D.C. Code § 8-651.04, the minimum civil fine for unlawfully removing a Special or Heritage Tree is $300 per inch of trunk circumference. Here’s what that looks like in practice:

Sample Penalty Calculations 100-inch Heritage Tree removed without permit:  minimum fine of $30,000 120-inch Heritage Tree removed without permit:  minimum fine of $36,000 150-inch Heritage Tree removed without permit:  minimum fine of $45,000 Hired an unlicensed contractor? The fine may be tripled. See D.C. Code § 8-651.08.

Beyond fines, UFD/DDOT can issue a stop work order under D.C. Code § 8-651.08, immediately halting any work on the property, including a pending sale or construction project. If a stop work order is violated, the D.C. Office of the Attorney General can seek a court injunction. In serious cases, UFD/DDOT may also revoke any permit associated with the property. Also, D.C. Code § 8-651.08 states that applicants and contractors who willfully violate the UFPA can face 3-year bans on new permits and licensed professionals can face a 2-year revocation of their licenses.

The Seller’s Disclosure Obligation (D.C. Code § 42-1305)

This is where things are especially important for property owners who are planning to sell.

Under D.C.’s residential real estate disclosure laws (D.C. Code § 42-1305), sellers must disclose all material facts about their property to prospective buyers. A material fact is any information that a reasonable buyer would want to know before deciding to purchase.

Although not listed by name in this code section, Special and Heritage Trees are often considered material facts that must be disclosed under the “good faith” requirement of this chapter. Because these trees carry significant legal restrictions, such as the near-total ban on removing healthy Heritage Trees, they can impact a buyer’s ability to develop or improve the property.

D.C. real estate disclosure forms specifically ask sellers whether there is or is not a Heritage Tree on the property. The existence of a Heritage Tree and any past violations of the UFPA are treated as material facts. A seller who fails to disclose this information could face:

•  Claims of fraud or misrepresentation by the buyer;
•  Demands to rescind (cancel) the sales contract;
•  Monetary damages sought by the buyer after closing; and
•  Professional liability exposure for real estate agents involved in the transaction.

Back to Sandra: What Should She Have Done?

Let’s return to Sandra’s situation. Had she consulted a D.C. attorney or a licensed arborist before removing that oak tree, she would have discovered four critical facts:

•  Her oak tree was a Heritage Tree under D.C. Code § 8-651.02, protected by the UFPA.
•  Removing it without a Heritage Tree Removal Permit was a direct violation of D.C. Code § 8-651.04a.
•  She was required to disclose its existence to any prospective buyer under D.C. Code § 42-1305.
•  Because the tree was healthy, she had no legal right to remove it at all.

Instead of spending $30,000 or more in fines and potentially losing her sale, Sandra could have marketed the Heritage Tree as an asset. Mature, old-growth trees can increase property values. She could have consulted with the UFD/DDOT and explored her options lawfully.

The lesson is simple: a few hundred dollars spent on legal and arborist guidance before touching a tree could have saved Sandra tens of thousands of dollars and protected her sale.

Practical Steps for Property Owners

If you own, are selling, or are planning to develop property in Washington, D.C., here is what you should do right now:

• Assess your trees. Inspect your property and measure tree trunks at 4.5 feet above ground. Any tree  at or above 44 inches of circumference  is covered by the UFPA.  
• Hire a certified arborist. A licensed arborist can identify protected trees, evaluate their condition, and help you understand what options are legally available to you.
• Consult a D.C. attorney before removing any large tree. The permit process under the UFPA can be navigated with the right legal guidance. Don’t rely on a contractor’s assurance that a tree can be removed without a permit.
• Make full disclosure when selling. When listing your property, be transparent about any Heritage or Special Trees on the lot. Disclose any prior violations or permit history.
• Check for prior violations. If trees were removed by a previous owner, review your property’s permit history and UFD/DDOT’s enforcement records before listing or closing.

Have Questions About Your Property’s Trees? The UFPA is a complex law with serious financial consequences for property owners who don’t know their obligations. Whether you are buying, selling, or developing real estate in Washington, D.C., the attorneys at Burrell Law, P.C. can help you navigate the law, protect your investment, and avoid costly surprises. Contact Burrell Law, P.C. today to schedule a consultation.

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Burrell Law, P.C. or any of its attorneys. Laws change, and the information above may not reflect the most current legal developments. Please consult a licensed attorney for advice specific to your situation.