D.C.’s Urban Forest Preservation Act is getting an update. The Tree Preservation Enhancement Act of 2026 (D.C. Law 26-113) makes two key changes to the existing law that will impact projects in the District. These are the first major revision since the 2022 amendment, which clarified the requirements for tree preservation plans and granted additional enforcement mechanisms to the District Department of Transportation’s Urban Forestry Division.
Special Tree Definition Will Be More Inclusive
First, it decreases the minimum size of trees qualifying as Special Trees from 44 inches circumference (14 inches diameter) to 40 inches circumference (about 12.8 inches diameter). The District Department of Transportation (DDOT) estimates that this change adds approximately 43,000 trees to this protected class. The minimum size for Heritage Tree status remains 100 inches circumference (about 31.9 inches diameter).
All regulated trees must be shown on tree preservation plans, and removal of any regulated tree requires a permit from DDOT.
Violation Fines and Permit Fees Will Increase
Second, it mandates increasing the permit fee and fines for violation of the law to keep pace with inflation. The first increase is scheduled for July 1, 2029, and updates will occur every three years subsequent. Fee increases will be tied to the Consumer Price Index to adjust for inflation. The permit fee for removal of healthy Special Trees is currently $55 per circumference inch. As before, healthy Heritage Trees may not be removed. The fine for illegal removal of a Special or Heritage tree is currently $300 per circumference inch. Fees are waived for trees that are hazardous and trees that are on the District Department of Transportation’s list of invasive species, though a permit is still required for removal of any regulated tree.
Implementation May Begin October 1
The Tree Preservation Enhancement Act of 2026 became law on May 21, 2026, but the changes it brings are still subject to appropriation. If funded, expect that projects will be required to adhere to the requirements of the revised Act beginning with the new fiscal year on October 1, 2026.
If you have questions about how these changes may impact your projects, please contact your WSSI project manager or our Urban Foresters listed below.
Resources
- D.C. Law 26-113. Tree Preservation Enhancement Amendment Act of 2026
