CanICut.comGuidesCan I Cut a Tree on My Own Property in Atlanta? Trees, Branches, Roots & Neighbors
By CanICut.com · Published & last updated
It's your yard, so it's your call... right? Not quite. In Atlanta and most of the surrounding cities and counties, owning the land doesn't automatically mean you can cut every tree, limb or root on it. Here are the short answers to the questions homeowners search for most, with what the rules actually say.
Can I cut down a tree on my own property in Atlanta?
Sometimes, but often only with a permit. Inside City of Atlanta limits, the Tree Protection Ordinance (Atlanta Code Chapter 158) regulates trees on private property once the trunk reaches 6 inches in diameter at 4.5 feet above the ground, or 12 inches for pines. Removing a regulated tree requires a permit from the City Arborist Division.
- Dead, dying or hazardous trees still need a permit, but the City inspects them for free and doesn't charge recompense.
- Healthy regulated trees owe recompense of $140 per diameter inch (the 2026 rate) or replacement planting.
- Trees that have already fallen don't need a removal permit. Take photos anyway.
- Imminent emergencies can be handled right away, with the permit issued afterward. Call the Arborist Division at 404-330-6874.
- Since January 1, 2026, the company doing the work must be registered with the City.
Skipping the permit is expensive. See what cutting a tree without a permit can cost you.
Outside the city, the rules change. Decatur's Tree Canopy Conservation Ordinance (effective March 2022) ended the old allowance that let residents remove three healthy trees every 18 months. A removal permit is now tied to an arborist's assessment that the tree is diseased or poses a risk. In unincorporated DeKalb County, owners of single-family lots may generally remove up to five non-specimen trees per calendar year. Removing more than five, or any specimen-size tree, requires a notice to the County Arborist first.
Can I cut branches on my property? (Pruning your own tree)
Usually yes, without a permit, as long as you don't overdo it. Atlanta's ordinance treats heavy pruning as destroying the tree. That includes removing more than 20% of the live crown and "topping, tipping, or any similar improper pruning practices." Destroying a regulated tree is treated like removing it without a permit. The safe approach:
- Keep cuts well under 20% of the live crown. The checker uses a limit of about 20% within two years.
- Follow ANSI A300 pruning standards, which reputable arborists use.
- Never top a tree. In Atlanta, topping counts as destruction.
Can I cut tree branches overhanging my property from a neighbor's tree?
Generally yes, back to the property line. Georgia's Attorney General consumer office and Georgia tree-law practitioners describe the same rule. You may trim a neighbor's limbs where they cross onto your side, but:
- Cut only from your side. Don't go onto your neighbor's land without permission.
- Don't cut past the line, and don't damage or kill the tree. Self-help is limited to reasonable pruning.
- Ask first. It's more neighborly, and pruning the whole tree at once is usually better for it.
- Know where the line is. Cutting a tree that's actually on your neighbor's side can make you liable for trespass. In Bullard v. Bouler (Ga. Ct. App. 2005), a jury awarded $4,500 against a homeowner whose contractor cut down shrub-trees that turned out to be on the neighbor's land. The contractor, who hadn't been told about the boundary, was not held liable.
If the trunk sits on the property line, the tree is generally treated as jointly owned. Don't remove or seriously damage it without your neighbor's agreement. Even for an overhanging limb, a large protected tree in Atlanta is still covered by the 20%-of-crown and no-topping rules.
Can I cut tree roots on my property?
Be careful. Root work is where homeowners most often break tree rules without realizing it. Atlanta's definition of destroying a tree includes trenching of roots, damaging the root system and grade changes affecting more than 20% of the critical root zone (CRZ). Destroying a regulated tree this way is treated like an illegal removal, even if the tree is your neighbor's and only the roots cross your line.
What's the critical root zone? DeKalb County defines it as a circle around the trunk with a radius of 1 foot per inch of trunk diameter. A 20-inch tree's CRZ extends about 20 feet in every direction. Atlanta's ordinance uses its own measurement, so ask the Arborist Division before digging near a large tree.
Can I cut tree roots that are above ground?
Exposed surface roots are still structural roots. Cutting large ones can destabilize or kill the tree, and in Atlanta that can count as destruction. Before cutting, consider alternatives like mulching over them (don't pile soil or mulch against the trunk), or ask an ISA Certified Arborist whether a small root can be pruned safely. Work in the root zone on a construction project, such as a driveway, addition or new sewer line, generally needs tree-protection review as part of the permit.
Can I cut trees on public land or the city right-of-way?
No, not on your own. In Atlanta, trees on City property, in parks and in the public right-of-way belong to the City. That right-of-way often includes the strip between the sidewalk and the street. The Department of Parks and Recreation's arborists approve their removal, and removing one requires a permit. If the tree isn't dead, dying, diseased or hazardous, a replacement plan is also required. For pruning or a dead street tree, report it to ATL311 or Parks customer service at 404-546-6813. If there's no sidewalk and you're unsure whether a tree is public, call Parks before you cut. Other cities and counties have similar rules for their rights-of-way.
The bottom line: check before you cut
Owning the property is only part of the question. Tree size, type, condition, location (stream buffers, property lines, right-of-way) and your exact jurisdiction all matter. Use the free CanICut permit checker. Enter your address, answer a few questions and see whether you likely need a permit, with links to the right office. Hiring help? Read what licenses and certifications a tree company should have.
FAQ
Can I cut down a tree on my own property in Atlanta without a permit? Only if it's under the regulated size (trunk under 6 inches in diameter, or under 12 inches for pines) or has already fallen. Larger trees need a City Arborist permit, even if dead or hazardous.
Can I cut my neighbor's branches that hang over my yard in Georgia? Generally yes, back to the property line, from your side, without entering their land or harming the tree. Ask your neighbor first.
Can I cut tree roots that come onto my property? Small roots may be OK, but in Atlanta, trenching or damaging roots, or changing the grade over more than 20% of a protected tree's critical root zone, counts as destroying the tree. Consult an arborist first.
Who handles trees between the sidewalk and the street in Atlanta? The Department of Parks and Recreation. Removing a public or right-of-way tree requires a permit. Report problems via ATL311 or 404-546-6813.
Can I top a tree to make it shorter? No. In Atlanta, topping is treated as destroying the tree.
General information, not legal advice. Confirm with your local arborist office, and talk to an attorney for boundary disputes.
Sources: Atlanta Code Ch. 158 Art. II (2026); ATL311 KB0013006 and KB0013492; Atlanta Arborist Division; Trees Atlanta; Decatur Tree Canopy Conservation Ordinance page; DeKalb County Code §14-39 and Homeowner Tree Removal Guide; Georgia AG Consumer Protection Division "Ask Ed" (Mar. 2026); Georgia Tree Law; Bullard v. Bouler, 272 Ga. App. 397 (2005).