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Tree Removal Rules in DeSoto County, MS

An ordinary house lot needs no city tree permit in Southaven, Horn Lake, Hernando or Olive Branch, Mississippi, and DeSoto County has none for existing homes in unincorporated areas like Nesbit, Lake Cormorant and Lewisburg. Southaven exempts residential lots of one acre or less, Horn Lake and Hernando exempt residential parcels under one acre, and Olive Branch applies its tree rules only to development plans. Above those lines the cities differ sharply. Separate rules cover digging out stumps, burning brush and getting rid of the wood.

The four cities and the county, side by side

WhereWhere the rule isTypical house lotLarger propertyChecked
SouthavenZoning code, Ch. 11, Sec. 13-11Exempt: residential lot of 1 acre or less, or an unplatted, occupied residential parcel of 5 acres or lessNotice of intent 14 to 45 days ahead, tree survey, replacement trees generally 2 for 1; fines by trunk sizeNov 11, 2026
Horn LakeCode Ch. 14, Secs. 14-60 and 14-61; city permit application (May 27, 2026)Exempt: residential parcel under 1 acre, or under 5 acres with a homestead exemptionPermit for protected trees, $100 minimum; replanting or $300 a tree into an in-lieu fundNov 11 and 12, 2026
HernandoCode Ch. 16, Secs. 16-154 to 16-157Exempt: residential parcel under 1 acre, or homesteaded under 5 acres$100 permit plus mitigation to clear protected trees (8 inches across at 54 inches up)Nov 12, 2026
Olive BranchZoning ordinance, Appendix A; design review checklistNo homeowner tree permitDevelopment site plans show trees 8 inches caliper and up and justify removalsNov 11 and 12, 2026
Unincorporated DeSoto CountyCounty zoning ordinanceNo tree removal permit for an existing homeBufferyard and landscaping rules for new developmentNov 11, 2026

Walls's tree rules weren't researched for this site; ask there before a large job. Many subdivisions also have HOA covenants, which are private and can add rules of their own, so read yours too.

Southaven above one acre

Southaven's tree rules are in Chapter 11 of its zoning code, "Tree Removal Requirements," Sec. 13-11 (amended in full by a resolution of Nov. 17, 2009). The exemptions, word for word, cover tree removal "on any residential lot one (1) acre in size or less," and on "a residential parcel of land, not platted, with an existing dwelling unit currently being occupied and which is five (5) acres or less in size." Land staying in agricultural zoning is exempt, as are "Trees injured or destroyed during acts of God." Anything else, the code says, is "nonexempt" (checked Nov 11, 2026).

Before relying on those thresholds for a bigger property, confirm them with the city's planning office through City Hall, 662-280-2489. The city's own Code of Ordinances page notes that "Ordinances on file with the City Clerk shall control."

On non-exempt land, the code works like this:

  • Notice first. The owner or developer files an intent of removal with the office of development no more than 45 and no fewer than 14 days before removal. Filing doesn't, by itself, give a right to remove.
  • A tree survey of hardwoods over 2-inch caliper is needed where there are visible tree lines, the site is over an acre, it's zoned nonagricultural, or the city asks for one.
  • Replacement trees of at least 3½-inch caliper, generally two for each one removed. One-for-one is possible by administrative approval when the replacements are well above the minimum size, and a payment into a tree bank is the fallback when the site can't hold the trees.
  • Protection during construction: a barrier 3 feet high, set 10 feet out from the trunk of each tree being kept.
  • Permits expire after 12 months unless extended. The code requires paying "all required fees established by the City of Southaven" but doesn't state an amount.

The fines in Sec. 13-11(f) explain why acreage owners should check first. They're set by trunk diameter at breast height:

Trunk diameterFine per tree
1 to 1.9 inches$100
2 to 4.9 inches$500
5 to 9.9 inches$1,000
10 to 14.9 inches$3,000
15 to 19.9 inches$5,000
20 to 29.9 inches$10,000
30 inches or more$20,000

The code also sets up a volunteer tree board of seven members plus an alderman representative, which helps prepare a plan for trees and shrubs in public areas.

Horn Lake's protected-tree permit

Horn Lake's tree removal permit application, dated May 27, 2026, says a permit is required before cutting any protected tree, on any property, in any zone (checked Nov 11, 2026). It exempts:

  • Residential parcels under one acre
  • Residential parcels under five acres where the owner has filed a homestead exemption
  • Parcels designated as merchantable forest land

The city code puts the exemptions in Sec. 14-60 and the $100 permit to clear protected trees 8 inches across in Sec. 14-61 (Ord. 06-11-168, Nov. 21, 2006; checked Nov 12, 2026). The application itself doesn't define "protected tree," so ask the Planning Department which trees on your land count.

Mitigation. For parcels under 10 acres, the form starts from a baseline of 20 trees per acre of existing canopy (canopy area × 20 ÷ 43,560 square feet), subtracts a credit of one tree for every 1,000 square feet of canopy preserved, and the remainder is planted on site or paid into an in-lieu fund at $300 per tree. The fee is $100 minimum, plus any in-lieu amount. If roots will be disturbed in Flood Zone AE, a floodplain development permit is required as well. Only the city can say how the form applies to your land, so have the Planning Department work through it with you.

Contact: Planning Department, Horn Lake City Hall, 3101 Goodman Road West; 662-393-6705; plandept@hornlake.org (checked Nov 11, 2026).

Hernando's permit and historic districts

Hernando's rules are in Chapter 16 of its code, Secs. 16-154 to 16-157 (Ord. of May 7, 2019). Clearing "protected trees," those 8 inches across measured 54 inches above the ground, on commercial, industrial or residential property takes a tree removal permit with a $100 filing fee, plus mitigation figured at 20 trees per acre of canopy. Sec. 16-154 exempts residential parcels under one acre and homesteaded residential parcels under five acres (checked Nov 12, 2026).

Hernando also has five historic districts: Commerce Street, Courthouse Square, Elm Street, Northside, and Southside-Magnolia. Its Historic Preservation Commission "grants Certificates of Appropriateness for projects within the Historic Preservation District," and the certificate application asks for an "Existing tree survey and protection plan (if required)" (checked Nov 11, 2026). Whether removing a single tree in a district needs a certificate wasn't confirmed, so if you live in one, check with the Office of Planning before the tree comes down.

The city's draft comprehensive plan of March 2021 says "The preservation of existing trees and the addition of new trees are fundamental city planning objectives in virtually any context" and recommends requiring street trees in new subdivisions. Whether that draft was adopted wasn't confirmed. More on the Hernando page.

Olive Branch: rules for developers

Olive Branch's zoning ordinance (Appendix A, adopted March 19, 2019) brings up trees only for development. A site plan petition needs an existing tree survey, and parking and landscape plans must show every tree of 8 inches caliper or more and justify removing any (checked Nov 12, 2026). The city's design review checklist asks for the same thing, adds "One (1) three and one half (3½) inch caliper street tree planted for each thirty-five (35) lineal feet of frontage," and places street trees "within the area five (5) feet behind the street right-of-way line." The city's permit FAQ lists fences, buildings, signs, demolition and more, but not tree removal (both checked Nov 11, 2026). For a homeowner taking down a yard tree, there's no city permit. The Building Department is at 662-892-9333. More on the Olive Branch page.

Unincorporated DeSoto County

Outside the cities, the county's current zoning ordinance has no tree removal permit, tree survey requirement or clearing rule for an existing home. Its tree language applies to new development: bufferyards, where "Preservation of healthy existing tree vegetation within a required bufferyard is strongly encouraged" and preserved trees of at least 4½-inch caliper count toward the planting requirement, and planned or overlay districts, whose site plans show "existing tree masses" (checked Nov 11, 2026). The county Planning Department is at 662-469-8023.

Trees by the street and the road

No rule about homeowners trimming or removing trees in the street right-of-way turned up for Southaven, Horn Lake or Hernando. Before cutting a tree that may stand between the sidewalk and the street, ask the city:

  • Southaven Public Works, 662-796-2489, or the city's online Citizen's Request Tracker
  • Olive Branch Public Works, 662-893-5208
  • Hernando Public Works, 662-429-9322
  • Horn Lake City Hall, 662-393-6178
  • County roads: the DeSoto County Road Department, which maintains "more than 650 miles of roads and 102 bridges in the unincorporated areas," 662-469-8025

For a tree across a state highway or interstate, call 911 if it's blocking traffic; MDOT maintains those roads. (All checked Nov 11, 2026.)

A neat pile of short cut limbs at the curb in front of a brick house
A neat pile of short cut limbs at the curb in front of a brick house.

Limb pickup, and the debris the cities won't take

Every city here collects some limbs from homeowners. None of them collects what a tree service cuts (all checked Nov 11, 2026):

CityHomeowner limbsTree-service debrisPhone
SouthavenNo longer than 4 to 5 feet or thicker than 12 inches, at least 5 feet from carts. A big pile may take several trips over multiple days."The City shall not provide collection of trees or similar items." The owner or occupant removes them within seven days of the work.662-796-2489
Olive BranchCut to 5 to 6 feet, one pile behind the curb within reach of a boom truck, not under low wires or branches or within 5 feet of a structure. Above one truckload (5 by 5 by 24 feet) is billed, starting at $100 for two loads."WE DO NOT PICK UP AFTER TREE SERVICES"662-893-5208
Horn LakeLengths of 5 feet or less, no thicker than 10 inches; leaves bagged; up to 6 cubic yards per home a week. Hauler: Meridian Waste, 1-866-440-3983.Yard waste from "tree cutting services will not be collected."662-393-6178
HernandoNo piece over 4 feet, no limb over 6 inches across; pile up to 5 by 5 by 10 feet within 4 feet of the road edge, never on the pavement, cut ends toward the curb. No vines, loose leaves or root balls."The City will not pick up limbs that have been cut by a commercial trimming service."662-429-9322

DeSoto County lists two rubbish pits that accept limbs and leaves: the DeSoto County Rubbish Pit at 5255 W. Sandidge Road in Olive Branch (662-895-9705), and the privately operated Starlanding Rubbish Pit at 9353 Starlanding Road West in Lake Cormorant, closed Saturdays. Winter hours run Nov 2, 2026 to Mar 14, 2027: weekdays 7 a.m. to 4:30 p.m., Saturdays 7 a.m. to noon. The county says each resident can make up to four visits a month without paying (checked Nov 11, 2026).

Burning brush

"Open burning is not allowed inside any of the municipalities within DeSoto County," the county's burn permit page says (checked Nov 11, 2026). Outside city limits, a homeowner can get a residential permit by phone at 662-469-8080, valid only for the day it's requested. The county doesn't charge for it. The conditions:

  • Campfire wood, brush, weeds, leaves, grass, clean lumber scraps and paper from a one-, two- or three-family home; brush must be "less than 5 inches in diameter"
  • No burning within 150 feet of a standing structure
  • Attended the whole time and out by dark
  • No starting fuels, nothing brought in from another property, and no fire that obscures visibility on roads, rail lines or airfields
  • No burning when air pollution warnings are published

Land-clearing debris such as trees and stumps needs a separate commercial permit through DeSoto County Emergency Services (662-469-8017), with a site visit, 50 feet cleared to bare ground, a fire pit with a forced-air blower, and the pit at least 100 yards from an occupied dwelling.

Burn bans override all of it. The Mississippi Forestry Commission says county boards of supervisors normally request them and the commission approves them; a ban means "no outdoor burning of ANY KIND," and a knowing, willful violation is a misdemeanor with a fine of $100 to $500 (Miss. Code § 49-19-351; checked Nov 11, 2026). Check the commission's burn ban list before lighting anything.

Mississippi 811 before a stump comes out

Mississippi's damage prevention law requires notice to Mississippi 811 "not less than three (3) and not more than ten (10) working days" before excavation, and working days leave out Saturdays, Sundays and legal holidays. Since July 1, 2025, a ticket lasts 20 calendar days instead of 14. A stump grinder is mechanical equipment and usually cuts deeper than the 12-inch hand-digging exception, so the person grinding should call. Utilities mark lines only from the street to the meter; private lines on your property aren't marked. Dial 811 or (800) 227-6477 (all checked Nov 11, 2026). Details are in the stump grinding guide.

Power lines and neighbors' trees

Within 10 feet of a high-voltage line. Miss. Code § 45-15-3 bars work that could bring people, tools, equipment or materials within 10 feet of a high-voltage overhead line until safety arrangements are made, and § 45-15-9 requires written notice to the utility first (checked Nov 11, 2026). On Entergy's system the service line to the house is the owner's responsibility; Entergy can disconnect it while a contractor works.

A tree that isn't yours. Cutting someone else's tree without consent makes the cutter liable for double its fair market value plus reforestation costs, with a further $55 per tree 7 inches or more across (measured 18 inches up) when it's willful or reckless. An "honest mistake" isn't a defense (Miss. Code § 95-5-10, checked Nov 11, 2026). For a tree on the property line, get the neighbor's agreement in writing.

Rules questions

I live in Southaven on a half-acre lot. Do I need to file anything to remove a tree?

No tree removal permit or tree survey, under the zoning code's exemption for residential lots of one acre or less (checked Nov 11, 2026). Plan for the wood, since the city doesn't collect trees cut by a contractor.

My Horn Lake property is 2 acres and I have a homestead exemption. Am I exempt?

Under the city's application, a residential parcel under five acres with a homestead exemption on file is exempt (checked Nov 11, 2026). Confirm with the Planning Department at 662-393-6705.

Can I burn the limbs in my backyard in Olive Branch?

No. Open burning isn't allowed inside any DeSoto County municipality (checked Nov 11, 2026). Cut the limbs to 5 or 6 feet for the city's boom truck, or have the contractor haul them.

Does a storm-damaged tree on a large lot still need a permit?

Southaven exempts trees "injured or destroyed during acts of God" (checked Nov 11, 2026). Horn Lake's and Hernando's rules read for this site don't say, so call the planning office before cutting on a large lot there.

The site doesn't apply for permits, give legal advice or speak for any city. It hands each request to one independent contractor in DeSoto County.

Sources

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