Often, yes. Inside San Antonio or its ETJ, permits or affidavits are needed before clearing vegetation. Inside Helotes, a tree removal application with a tree survey covers protected and heritage trees. Over the Edwards Aquifer in Bexar, Medina or Comal County, TCEQ can require a plan before soil is disturbed, though some clearing is excluded. Out in the county, away from cities and the regulated zones, there is often no clearing permit at all. Check with the office that decides before work starts.
San Antonio: the tree ordinance
San Antonio's tree ordinance covers private property in the city limits and the extraterritorial jurisdiction (ETJ), and the ETJ reaches roughly five miles past the city limits (City of San Antonio FAQ). Permits or affidavits "are needed before starting any clearing vegetation, construction or tree removal."
| Category | Size |
|---|---|
| Significant trees | 6 inches in diameter and up |
| Larger species, including Ashe juniper, mesquite and huisache | 10 inches on one trunk |
| Heritage trees | 24 inches and up |
That means big cedar counts too. If your land is in the city or the ETJ, talk to the city's development services before clearing.
Helotes: the tree removal permit
The City of Helotes asks for a Tree Removal Permit Application and Affidavit with "a complete tree survey that shows the location, diameter, and name of all protected and heritage trees." The form lists a city fee and up to 10 business days to process. Development Services: 210-695-5901 (City of Helotes).
The Helotes form says it covers projects in the city and its ETJ, and also that it should only be submitted for projects in the city's jurisdiction. Call the city to confirm which applies to your lot. Land near Helotes may sit in San Antonio's ETJ instead.
The Edwards Aquifer rules
In Bexar, Medina, Comal and five other counties, TCEQ requires an Edwards Aquifer Protection Plan to be approved before soil is disturbed for a regulated activity "such as construction, land clearing, aboveground or underground storage tank installation" on the regulated zones (TCEQ).
Some work is excluded. The rule's definition leaves out (30 TAC 213.3):
- "clearing of vegetation without soil disturbance"
- "agricultural activities, except feedlots/concentrated animal feeding operations"
- routine maintenance and fences
- "construction of single-family residences on lots that are larger than five acres" (one home per lot)
On the contributing zone the rules apply when more than five acres are disturbed, or as part of a larger plan that will disturb five or more (TCEQ RG-11). TCEQ's San Antonio Regional Office, (210) 490-3096, covers Bexar, Comal, Medina, Uvalde and Kinney counties. See the Edwards Aquifer guide.
San Antonio's aquifer ordinance
Inside San Antonio and its ETJ over the recharge zone, SAWS Aquifer Protection Ordinance 81491 requires a SAWS Aquifer Protection Plan "prior to development", limits impervious cover, and prohibits sealing significant recharge features (SAWS).
Floodplains and wildlife
- Floodplain. Bexar County Public Works "must review all construction activities conducted on property that is in proximity to the 100-Year Floodplain" (Bexar County).
- Endangered species. Clearing tall, mature cedar on steep slopes can touch golden-cheeked warbler habitat. USFWS has the final say (TPWD and USFWS).
- Burning. Burning the brush has its own rules and county bans. See the burn guide.
Who to call
| Your situation | Who decides |
|---|---|
| In San Antonio city limits or ETJ | City of San Antonio development services (tree ordinance), SAWS (aquifer ordinance) |
| In the City of Helotes | Helotes Development Services, 210-695-5901 |
| Over the Edwards zones in Bexar, Medina or Comal | TCEQ San Antonio Regional Office, (210) 490-3096 |
| Near a floodplain in Bexar County | Bexar County Public Works, 210-335-6700 |
| Tall old cedar on steep slopes | U.S. Fish and Wildlife Service, Austin Ecological Services |
We do not make legal calls about anyone's land, but we will help you work out which of these to call before the work is scheduled.
Common questions
Do I need a permit to clear land in San Antonio's ETJ?
Yes. The city's tree ordinance covers the ETJ, and permits or affidavits are needed before clearing vegetation.
Is cedar protected under San Antonio's tree ordinance?
Ashe juniper counts as significant at 10 inches in diameter on one trunk, so larger cedar is covered.
Does clearing brush need a TCEQ permit over the Edwards Aquifer?
Clearing vegetation without soil disturbance is excluded from the definition of regulated activity. Grubbing and grading disturb soil. Ask TCEQ's San Antonio office.
Do I need a permit to clear land in the country?
Away from city limits, ETJs and the regulated Edwards zones, often not. Floodplain, endangered species and burn rules can still apply.
Talk to us about your land
Every piece of land is different. Call (830) 328-3684 or send the form for a free estimate. See our land clearing service.
Sources
- City of San Antonio, Tree Preservation Ordinance FAQ
- City of Helotes, Tree Removal Permit Application / Affidavit
- TCEQ, Edwards Aquifer Protection Program: applications and the San Antonio Regional Office
- 30 Texas Administrative Code 213.3, definitions (Cornell LII)
- TCEQ, Rules Protecting the Edwards Aquifer (RG-11)
- San Antonio Water System, Aquifer Protection Ordinance No. 81491
- Bexar County Public Works, Floodplain Development Permits
- TPWD and USFWS, Golden-cheeked Warbler data sheet (hosted by Comal County)
