GULF SHORES — The tree protection ordinance in Gulf Shores was amended in "a full rewrite" this week to ensure the nearly 30-year-old ordinance consistently preserves the character of the city and saves trees.

Scott Stephens, Gulf Shores' planning director, said the ordinance mostly covers rules and permit requirements for residents, but the city lost a lot of trees to residential developments in recent years.

Mayor Robert Craft said at the March 16 work session the city will continue to amend the ordinance as necessary to protect certain trees. Craft was absent for the March 23 meeting where the amendment was approved.

Councilman and Mayor Pro Temp Phillip Harris said at the March 23 meeting that a lot of work went into this based on recent resident comment.

"We recognize this is a living document so long as no one cuts it down," he said just before the new amendment was unanimously approved.

Changes to the ordinance mostly include specifications on removing and replacing trees, updated exceptions and different regulations for different types of development lots.

The amendment also created a tree protection board that will hear and decide on appeals from decisions made related to the tree protection ordinance. The board will be made up of board of zoning adjustment members.

The definitions of a protected tree — all trees with a diameter at breast height (DBH) of 12 inches or more — and a heritage tree — all trees with a DBH of 30 inches or more — are not changing.

The amendment adds the second exception to this definition; sand/live oak clusters with five or more trees within 10 feet of each other only have to have an average DBH of 4 inches to be considered protected and 12 inches to be considered heritage. The previously sole exception to these definitions is unchanged and reads that sand oaks and live oaks with a DBH of 6 inches are considered protected and with a DBH of 24 inches are considered heritage.

Something else unaffected by the amendment is what types of trees are not protected — regardless of size — including the Chinese tallow (popcorn tree), Chinaberry, tree of heaven (Chinese sumac), silk tree (mimosa), camphor tree, paper mulberry and "other invasive species."

As previously reported by GCM, in August 2025, council was set to vote on an amendment to the ordinance that would redefine pine trees, specifically if they would be moved to the "not protected" list, allowing them to be removed on certain lots no matter the size during the home building stage.

Following resident discussion against the amendment, council deferred the vote. Stephens said at the Aug. 11 meeting that the whole ordinance was under review and encouraged residents and council to reach out to him with suggested changes or questions.

In the recently approved amendment, pine trees are protected in the sense that they must be replaced on a 1:1 ratio; rather than a typical DBH-based replacement. After a suggestion from Gulf Shores resident Kevin Corcoran, palm trees were also added to the 1:1 ratio exception in this amendment.

A replacement is not required for pine nor palm trees if they are diseased, dying, in danger of falling or if it was removed for unsafe vision clearance. A permit is still required for approval.

The ordinance previously had a clause that stated a permit can be provided to remove protected and heritage trees without replacement if they are actively causing damage in multifamily and nonresidential zones.

The new amendment added that the permit applicant must prove they have done everything to save the tree and prevent it from being cut down, and it must be brought before council for approval before a protected or heritage tree can be cut down.

According to Stephens' presentation on March 16 and 23, there is a $500 fine for breaking any part of the tree protection ordinance.