Quick answer: When a home in a Denver residential zone is demolished or built, established trees in the primary and side street setbacks must be preserved. They have to be fenced, and equipment and materials kept out from under them, for the whole project. They can be removed only with a permit from the City Forester. Trees in the public right-of-way are protected at all times.
Most trees in a Denver yard can normally be removed at the owner’s discretion. That changes once a demolition or building project starts. This guide summarizes the city’s rules. Check the city’s page for the current requirements before work begins. For clearing work, see land clearing in Denver.
Which trees are protected, and when?
| Tree | Rule |
|---|---|
| In the public right-of-way, park or parkway | Protected by ordinance at all times. Permit needed to remove |
| Established tree in the front or side street setback, during demolition or construction | Must be preserved unless the City Forester issues a permit |
| Elsewhere on the lot | Generally at the owner’s discretion |
The setback rule is a condition of the permit to demolish or build a single-unit, two-unit or multi-unit dwelling in a residential zone district, as set out on the city’s Land Developer and Contractor Resources page. It does not apply to trees that are diseased or decayed.
What do you have to do to protect a tree?
- Fence it. Put up and maintain temporary fencing around the area beneath the tree.
- Keep machines out. No operating construction equipment under the canopy.
- Keep materials out. No storing materials there, and nothing else that would compact the soil over the roots.
- Keep it up. The measures stay in place for the whole of the demolition or construction.
How do you get permission to remove a protected tree?
The owner can be released from the requirement only by obtaining a tree removal permit from the City Forester under Chapter 57 of the municipal code. For plan review, existing trees have to be shown on the plans with a note of which are kept and which removed, along with the tree protection zones. The city states that removals and planting must be approved and permitted before work starts. The general permit rules are in do you need a permit to remove a tree in Denver?
What happens if the rules are ignored?
Chapter 57 makes it unlawful to injure or remove these trees without a permit, and it lets the City Forester order work stopped until it is authorized to continue. For a right-of-way tree, the responsible party has to pay the city the value of a tree removed without a permit, and up to three times its appraised value if a permit had been refused.
How does this affect clearing a lot?
- Find out which trees are in the setbacks and the right-of-way before anything is cut.
- Show the trees on the plans and apply for any removal permits early.
- Fence the trees that stay before machines arrive.
- Clear the rest of the lot around them.
The terms are explained in land clearing vs. lot clearing vs. brush removal. The whole sequence is in how to clear a lot for building in Denver, and what it costs is in land clearing cost in Denver.
Denver tree protection FAQs
Can I remove trees from my lot before building in Denver?
Most trees on private property can be removed at the owner’s discretion. Once a property is in the process of demolition or construction, trees in the front and side setbacks are protected and need a City Forester permit to remove. Right-of-way trees always need a permit.
Does the rule apply to dead or diseased trees?
The preservation requirement applies to established trees that are not otherwise diseased or decayed. Confirm the status of a doubtful tree with the City Forester before removing it.
Who do I contact about tree preservation on a building site?
The Office of the City Forester. Its Land Developer and Contractor Resources page has the forms and the contact for tree preservation inspections.
