Myrtle Beach SC Tree Protection Law
http://www.sccoast.net/mbcity/trees.html (
Recently Revised)

TREE PROTECTION LAW

Does Not Include Illustrations Referred To In Text. A Hardcopy With Illustrations Can Be 
Obtained From The City Clerk's Office At City Hall. (803)-626-7645


903.1. Intent. 

Pursuant to authority conferred by the South Carolina Code of Laws, to promote the public 
health, safety and general welfare; to reduce noise, heat and glare; to reduce air pollution; 
to prevent soil erosion; to improve surface drainage and minimize flooding; to ensure that 
noise, glare and other distractions of movement on one area do not adversely affect activity 
within other adjacent areas; to beautify and enhance improved and undeveloped land; to provide 
a protective physical and psychological barrier between pedestrians and traffic; to create 
special places that are inviting; to create a civic identity; to counteract the heat stand 
effect; to encourage energy and water conservation; to protect the wildlife habitat and 
sensitive ecosystems; to enhance real estate and economic values; to ensure that excessive 
tree cutting does not reduce property values; to minimize the cost of construction and 
maintenance of drainage systems necessitated by the increased flow and diversion of surface 
waters; to encourage the proliferation and replacement of trees on public and private property; 
and to allow trees to attain their natural shape and size while growing to maturity, the city 
council does hereby ordain and enact into law this tree protection chapter. The provisions 
herein shall not be interpreted to prohibit or unduly inhibit development of private property.

903.2. Applicability. 

This ordinance applies to protected trees located on public and private properties with the 
exception of lots containing no more than one detached single family dwelling per lot or on lots
 where a single family residence building permit has been purchased and issued in a R, or RM 
district or (in a residential PUD zoning district where a single family residential building 
permit has been purchased and issued). This ordinance also applies to landmark trees in all 
zoning districts.

903.3. Definitions. 

All words in these standards have their customary dictionary definition except as specifically 
defined herein. The words "shall" and "must" are mandatory, and the words "may" and "should" are
 permissive. Technical terms used are defined as follows:

(1) 1995 ANSI A300 - Pruning standards set forth in the Standard Practices for Trees, Shrubs, 
and Other Woody Plant Maintenance.

(2) Basal Area = Caliper 2 X 3.1424

(3) Caliper; Single Stem - The thickness of trees measured in inches. A caliper measurement for 
trees shall be measured 12 inches above the soil line, or across the stump if the tree has been 
severed at less than 12 inches above the soil line.

(4) Caliper; multi-stem - The equivalent area of the multi-stem shall be made by use of a 
circumference to diameter conversion tape and is calculated as follows:

1. Square the diameters of each stem; 
2. Multiply each of the numbers from Step 1 by 0.7854;
3. Add all the products determined by Step 2 and multiply total by 1.2732;
4. Take the square root of the product from Step 3.

(5) City-Owned Property - Rights-of-way and other property owned by the City of Myrtle Beach. 

(6) Crown - The above ground parts of the tree that give the tree its normal shape at maturity. 
The basic tree shapes are: umbrella, horizontal oval, vase, round, mound, broad triangle, upright oval, narrow triangle, narrow upright, weeping, columnar, and palm.

(7) Diameter-At-Breast-Height (DBH) - The tree trunk diameter measured in inches at a height 4.5
 feet above the ground. If a tree forks into multiple trunks below 4.5 feet, the trunk is 
measured at its most narrow point beneath the forks. Measurements shall be made by use of a 
circumference to diameter conversion tape.

(8) Dripline - The vertical line extending from the outermost edge of the tree canopy to the 
ground. 

(9) Hazardous tree - A tree that is unsafe due to a structural defect and constitutes a threat 
of injury to persons or damage to property.

(10) Proper Pruning - As defined by the 1995 ANSI A300 standards.

(11) Protected Tree Removal Permit - An official written city authorization issued by the zoning
 administrator to allow removal of any tree that is regulated within this section.

(12) Pruning - The cutting or removing any part of the branching structure of a tree in either 
the crown, trunk or root areas.

(13) Topping - Also known as stubbing, dehorning, or lopping refers to cutting back of the 
leader stem or limbs into stubs larger than three inches in diameter within the tree's crown so 
as to remove the normal canopy and disfigure the tree.

(14) Tree Removal - The cutting or removing of 50 percent or more of the crown, trunk or root 
system of a tree, or causing the death of a tree through damaging, poisoning or other direct or 
indirect action.

(15) Tree - Any self-supporting woody plant growing upon the earth that provides single or 
multiple trunks with a potential DBH of 2 inches or more and produces a more or less distinct 
and elevated head with many branches including Sabal Palmettos.

(16) Tree Survey - A survey plan sealed by a registered surveyor indicating location, size, and 
species of all protected trees on a property.

(17) Unnatural Pruning Techniques - Any pruning that prohibits the tree's natural growth process


903.4. Licensing. 

It shall be unlawful for any person who is being paid a fee for the business of planting, 
cutting, trimming, pruning, removing, or otherwise modifying trees within the City of Myrtle 
Beach to conduct such business without first signing an affidavit stating that he/she has 
received and read the Tree Protection Ordinance and 1995 ANSI A300 Standards. Such affidavit 
shall be completed and submitted when making application for or renewing a City of Myrtle Beach 
business license. 

903.5. Protected Trees. 

The city hereby declares that the following are protected trees:

(1) Trees planted or retained to meet the Landscape Ordinance (Section 910) requirements;
(2) Live oak (Quercus virginiana), and Japanese Black Pine (Pinus thunbergiana) having a 
caliper of two inches or more; 
(3) Wax Myrtles (Myrica cerifera) and Crape-Myrtles (Lagerstroemia indica) designated as "tree 
forms" or used to fulfill tree requirements on approved landscape plans or greater than 10 feet 
in height;
(4) Any tree taller than six feet located on city-owned property including any public 
right-of-way; 
(5) Any Sycamore (Plantanus occidentalis) and Sweet-Gum (Liquidambar styraciflua) with a 12" DBH
 or greater; and
(6) All other species of trees that are 5" or more in caliper with the exception of pine (Pinus)
 which are not protected trees (except Japanese Black Pine protected under 903.5 (2) above).

903.6. Landmark Trees. 

The City hereby declares the following trees to be landmark trees in all zoning districts which 
equal or exceed the stated diameter at breast height (DBH):

SPECIES COMMON NAME DBH
Juniperus virginiana Eastern Red Cedar 30"
Magnolia grandiflora Southern Magnolia 30"
Quercus virginiana Live Oak 30"
Quercus laurifolia Laurel Oak 36"
Quercus phellos Willow Oak 36"
Acer rubrum Red Maple 36"
Taxodium distichum Bald Cypress 30"
Ilex opaca American Holly 20"
Cornus florida Flowering Dogwood 15"
Carya Hickory (except Pecan) 36"

903.7. Preservation of protected trees/landmark trees.

(1) It shall be unlawful to cut or otherwise destroy a protected tree or landmark tree without 
first obtaining a protected tree or landmark tree removal permit;
(2) Unless specifically authorized by the zoning administrator, no person shall intentionally 
damage, cut, carve, transplant, or remove any protected or landmark tree; attach any signs with 
rope, wire, nails, or other contrivance to any protected or landmark tree; allow any substance 
which is harmful to such trees to come in contact with them or be placed within their dripline 
over pervious areas; or intentionally set fire or permit any fire to burn when such fire or the 
heat thereof will injure any portion of any protected tree or landmark tree.

903.8. Criteria for issuance of protected tree removal permits.

(1) No person shall remove, cut above ground, or otherwise disturb any protected tree without 
first procuring a permit. Protected trees may be removed for the following reasons:

a. Trees that are hazardous;
b. Diseased or infectious trees and trees in decline as certified by a registered forester or 
certified arborist.
c. Trees or their root systems causing visible damage to structures, and or areas used for 
pedestrian and vehicular traffic;
d. Trees or their root systems causing damage to structures, as certified by a structural 
engineer;
e. Trees or their root systems causing damage to areas used for pedestrians, vehicular movement,
 or underground utility lines, as certified by a structural engineer;
f. Trees within power lines easements that cannot be properly pruned by the local utility 
company;
g. Trees, after proper pruning, which cause safety-related problems;
h. Trees to be removed, cut, or disturbed on plans approved by the Community Appearance Board 
or the Planning Commission whichever has final review responsibility and after all other 
applicable permits for construction have been issued; and

(2) Application for permits must be made at the office of the zoning administrator in advance 
of the time the work is to be done. The zoning administrator shall issue the permit, if, the 
proposed work meets the criteria for tree removal. Any permit granted shall contain a definite 
date of expiration and the work shall be completed in the time 
allowed on the permit. Any permit shall be void if its terms are violated. Within five (5) days 
after tree removal, notice of completion shall be given to the zoning administrator.

903.9 Criteria for issuance of landmark tree removal permits.

(1) Landmark trees may only be removed for the following reasons:
a. Trees that are hazardous and in decline.
b. Diseased or infectious trees or trees in decline as certified by a registered forester or 
certified arborist.
(2) Application of permits must be made at the office of the zoning administrator not less than 
seventy-two (72) hours in advance of the time the work is to be done. The zoning administrator 
shall issue the permit, if, the proposed work meets the criteria for tree removal. Any permit 
granted shall contain a definite date of expiration which shall be 30 days after issuance and 
the work shall be completed in the time allowed on the permit. Any permit shall be void if its 
terms are violated. Within five (5) days after tree removal, notice of completion shall be given
to the zoning administrator.
(3) Special Exception. The Board of Zoning Appeals may authorize the issuance of a landmark tree
 removal permit provided they determine that removal of the tree(s) is necessary to develop the 
property in a reasonable and prudent manner. The Board may attach any conditions to the permit 
they deem necessary to assure compliance with the intent of the ordinance.

903.10. Mitigation Policy. 

(1) All protected trees removed in accordance with 903.8(1)c. through 903.8(1)f. shall be 
replaced in accordance with the following criteria. The replacement standards shall be listed 
on the permit.

Each Existing Tree Will be Replaced By Replacement Number

Any tree with less than 6" DBH 1 2 1/2" in Caliper planted to meet the landscape ordinance. 

2 1/2" in caliper to 6" DBH Oak Tree 1 3" in Caliper

1 tree, over 6-9" DBH 2 4" in Caliper

1 tree, over 9-12" DBH 3 4" in Caliper

1 tree, over 12-15" DBH 5 4" in Caliper

1 tree, over 15"+ DBH 7 4" in Caliper 


(2) Any tree removed without a permit must be replaced with trees (not necessarily the same 
species) whose total basal area equals the basal area of the tree removed. All replacement 
trees shall be at least 4" caliper and shall be considered required trees as part of a required 
landscape plan. As many trees as possible will be replaced. The tree(s) must be placed in the 
same location as where the tree(s) was removed (unless imposing an unreasonable hazard) and be 
maintained in good health. 
(3) When replacement of trees is not possible, the equivalent value of the tree as well as 
projected costs for installation and maintenance will be assessed by the Zoning Administrator 
and cash received from the property owner will be placed in the City of Myrtle Beach Tree 
Preservation Account for planting trees on public property. 

903.11. Master street tree planting plan. 

The City of Myrtle Beach will develop and institute a Master Street Tree Planting Plan to 
encompass all public right-of-ways. The purpose of the Master Street Tree Planting Plan will be 
to develop tree themes for the area and to serve as guidelines for the expenditure of the tree 
preservation account funds for planting, maintenance, and the replacement of trees in the public
right-of-ways. 

903.12. Pruning. 

Maintenance pruning allows for the healthy uniform growth of a tree. Tree pruning shall promote 
the health and natural growth of the tree. A tree's habit of growth must be considered ahead of 
time and pruning must not interfere with the design intent at the original installation. 

(1) Tree pruning shall be accomplished in accordance with the procedures set forth in the 1995 
ANSI A300 standards.
(2) It shall be the duty of any person or persons owning or occupying real property bordering on
any street upon which property there may be protected trees, to prune such trees in such manner 
that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on 
sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley 
intersection. The minimum clearance of any overhanging portion thereof or tree form shall be 
ten (10) feet over sidewalks, and twelve (12) feet over all streets except truck thoroughfares 
which shall have a clearance of sixteen (16) feet. 
a. Notice to prune - Should any person or persons owning real property bordering on any street 
fail to prune trees as herein above provided, the zoning administrator shall order such person, 
or persons, within three (3) days after receipt of written notice, to prune such trees.
b. Order required. The order required herein shall be served by mailing a copy of the order to 
the last known address of the property owner, by certified mail. 
c. Failure to comply. When a person to whom an order is directed fails to comply within the 
specified time, the City Manager may have such trees pruned in the interest of public safety, 
and the exact cost thereof shall be assessed to the owner.
(3) The use of unnatural pruning techniques will be considered an unauthorized removal of a 
tree unless the tree is designated on approved landscape plan to be shaped or formed in an 
unnatural pattern or to be maintained at a certain height. Examples of unnatural pruning are 
topping, stubbing, dehorning, or lopping. See diagram in Section 903.3(13).

903.13. Exceptions.

(1) A permit shall not be required in order to remove palm fronds nor to do pruning.
(2) A permit shall not be required to remove a protected tree from any building site or paved 
area shown on a site plan approved by the zoning administrator and for which a building permit 
has been issued.
(3) Utility companies may be annually issued a written permit exempting them from the provisions
 of this chapter after consultation with the zoning administrator or his/her designee but 
tree-trimming practices shall nevertheless conform to the 1995 ANSI A300 Standards.

903.14 Tree Protection During Development. 

During any type of development the following measures will be utilized to protect any tree on 
site that is not designated for removal.

(1) Protective barriers, such as silt fences, bollards, roping or other such devices as approved
 by construction services, will be placed around each tree at the drip line of the canopy of 
each tree to prevent any type of encroachment under the drip line, or 6 times the diameter at 
breast height (DBH) whichever is greater.
(2) Soil disturbance under the canopy of each tree will be limited to 6 inches removed or 6 
inches added. Any soil added under the canopy of the tree must be a loamy soil mix to en