
Tree Removal Permits on a Madison Lot
The City of Madison’s Official Zoning Ordinance contains no tree preservation article, no tree removal article and no removal permit section, so no municipal permit is required to take down a tree on a finished single-family residential lot. That is a documented absence rather than an oversight: the same ordinance regulates trees in detail on development sites and inside its overlay districts.
The Six-Inch HOA Covenant Threshold
The rule that actually binds most Madison subdivisions is a covenant, not an ordinance. A recorded declaration in the area forbids removing any tree without the board’s consent except diseased or dead trees, trees less than six inches in diameter, trees that must go for safety, and trees where an approved building will stand — and the identical clause appears in a second local declaration.
Airport Height Overlays and Regulated Obstructions
Madison’s Airport Impact Overlay District regulates the height of natural objects as well as structures, running from twenty-five feet above ground level in Obstruction Free Area 1 up to two hundred feet in OFA 8. Twenty-five feet is below the mature height of nearly every shade tree planted here, so a tree that is legal while short does not stay legal forever.
Living Under Two Overlays Near Redstone Army Airfield
The Redstone Arsenal Military Compatibility Area Overlay adds a Vertical Obstruction area covering land inside the Department of Defense imaginary surfaces around Redstone Army Airfield, a Wildlife Aircraft Strike Hazard area within five miles, and a two-mile land use radius. A property can sit under both regimes at once, and the ordinance provides a variance route rather than a flat prohibition.
Unincorporated Madison County, Where No Ordinance Reaches
Much of our ring sits outside any city limits, and an unincorporated address is not covered by the City of Madison’s zoning ordinance at all. What still applies there is your recorded covenant, the utility’s easement and the federal airspace surfaces, which is why we read the plat and the deed rather than assuming a rural lot has no rules.
A Neighbor’s Tree Leaning Over Your Fence
We do not give legal readings on Alabama’s neighbor-tree rule, and we say so plainly, because the doctrine circulating online could not be verified at primary source grade during our research. What we do supply is the part any conversation or letter needs first: a written, measured account of the tree’s condition and where the risk actually sits.
Boundary Trees and Why Neither Owner Cuts Alone
A trunk straddling a property line is a shared asset, and unilateral cutting is where a fence disagreement turns into a lawsuit. We will document the stem position relative to the boundary, the crown condition and the failure risk for both parties, and we will not take a boundary tree down on one owner’s instruction without the other’s written agreement.
Written Hazard Documentation Before the Letter Goes Out
Before you send a certified letter about a neighbor’s tree, get the hazard recorded by somebody who measured it. A dated report naming the defect — a decay column, a root-flare conk, a girdling root, a split union — is the difference between a demand a neighbor can dismiss and one an insurer or an attorney takes seriously.
Dead, Dying and Hazardous Trees, and the Thresholds
The words dead, dying and hazardous carry different weight in a covenant, in an insurance claim and in a conversation with a neighbor, and only the last of them depends on what the tree could hit. We assess target, likelihood of failure and consequence separately, which is how a tree risk assessment framework separates a dead tree in a field from a declining one over a bedroom.
What Alabama Licenses in Tree Work, and What It Does Not
Alabama’s tree surgery category is narrower than most people assume: the statutory definition covers cavity filling, repair, bracing, cabling and wound treatment, and it expressly excludes pruning. Removal is not named in it at all. So cabling and bracing is a licensed act in this state while a takedown is not, and any company telling you otherwise has not read the rule.