# What changed in Prosper's tree ordinance, and what it means for clearing

> What changed in Prosper's tree ordinance: the rewritten UDC section 2.09, its permit exemption, protected trees, floodplain replacement rates and burning.

URL: https://homesteadlandclearingfrisco.com/blog/prosper-tree-ordinance-changes/

What changed in Prosper's tree ordinance is mostly a matter of where the rules now live and how they read. The Town adopted a rewritten tree preservation section, section 2.09 of its Unified Development Code, through Ordinance 2026-24 on April 28, 2026, and amended it through Ordinance 2026-36 on August 25, 2026. Anyone clearing land in Prosper, from a single lot to a development tract, now works from that text. [Homestead Land Clearing](https://homesteadlandclearingfrisco.com/) offers [selective clearing](https://homesteadlandclearingfrisco.com/selective-clearing/) and lot clearing in Prosper, with the work done by licensed and insured contractors, and this summary covers what the section now requires. It is a summary of the section as it reads now, not a line-by-line comparison with the earlier text, and not legal advice.

## Who needs a permit

Section 2.09 requires a tree permit to transplant or remove any tree in Prosper, regardless of size or species. The exception is trees on a single-family lot within a plat of record, and the exceptions text adds a condition that matters for new construction: the lot must also have a Certificate of Occupancy. A platted lot where the house is not yet finished may not qualify. That is a practical difference from Frisco, whose exemption covers single-family and two-family lots within a plat of record without that condition; the [Frisco tree removal permit](https://homesteadlandclearingfrisco.com/guide/frisco-tree-removal-permit/) guide covers the Frisco side.

The Town's Director acts on applications within 10 business days. If your plans or an approved tree survey predate the new ordinances, ask the Town which version governs before any clearing starts.

## Which trees are protected

Protection turns on size, species and the floodplain:

- **Outside the 100-year floodplain:** trees 6 inches or more in diameter at breast height that normally reach 12 feet at maturity, except excluded species.
- **Inside the 100-year floodplain:** any species 6 inches or more.
- **Historic trees:** 40 inches or more, which need Town Council approval to remove and carry a 500 percent replacement rate.

The excluded species are silver maple, hackberry and Texas sugarberry, honey locust, bois d'arc, mimosa, mulberry, white poplar, cottonwood, mesquite and willow. Where the brush on a tract is mostly those species, far less of it needs mitigation, as long as it stands outside the floodplain.

## Replacement rates, in and out of the floodplain

Replacement is set as a percentage of the diameter removed, and the floodplain rates are higher:

| Trunk diameter | Outside floodplain | Inside floodplain |
|---|---|---|
| 6 to 12 inches | 100% | 150% |
| Over 12 to 24 inches | 150% | 200% |
| Over 24 to 40 inches | 300% | 300% |
| 40 inches and over (historic) | 500% | 500% |

The section also gives preservation credits of 1 to 5 per tree kept. On a wooded tract, that makes a careful tree survey and a selective scope worth more than a full clear. Creek-side land deserves its own planning; see [clearing near creeks and floodplain](https://homesteadlandclearingfrisco.com/guide/clearing-near-creeks-and-floodplain/).

## Brush, clear-cutting and agricultural land

The section defines clear-cutting, and it allows brush under the drip lines of protected trees to be cleared by hand or with turf-tire mowers. Heavy machines stay out from under the canopy. Agricultural users may remove protected trees with written permission, with replacement prorated over 10 years. Owners reclaiming pasture should also read the [pasture clearing](https://homesteadlandclearingfrisco.com/pasture-clearing/) page for the other rules that apply to farm ground.

## Burning removed trees

Burning removed trees, stumps or foliage requires written approval from the Prosper Fire Department. Collin County is also in the Dallas-Fort Worth ozone nonattainment area, where TCEQ allows land-clearing burns only when no practical alternative exists. Most clearing debris in Prosper is therefore chipped or hauled; the guide to [burning brush in Collin and Denton County](https://homesteadlandclearingfrisco.com/guide/burning-brush-collin-denton-county/) explains the wider rules.

## Land in Prosper's ETJ

The code states that its zoning provisions are not applicable in Prosper's extraterritorial jurisdiction. Land outside the town limits but within the ETJ is therefore outside these tree rules, though county, state and utility requirements still apply. The [Prosper service area page](https://homesteadlandclearingfrisco.com/service-areas/prosper/) covers how a clearing job in and around the town usually runs, and you can [send details about a Prosper property](https://homesteadlandclearingfrisco.com/contact/) to start a written scope.

## Frequently asked questions

### Does a new Prosper home lot without a certificate of occupancy need a tree permit?

Read the exemption carefully. Prosper's section 2.09 exempts trees on a single-family lot within a plat of record, and the exceptions text adds that the lot must have a Certificate of Occupancy. A platted lot where the house has not yet been finished may therefore fall under the permit requirement. Confirm with the Town before clearing.

### What counts as a historic tree in Prosper, and who approves removing one?

Under section 2.09, a tree 40 inches or more in diameter is a historic tree. Removing one needs approval from the Town Council rather than staff alone, and replacement is set at 500 percent of the diameter removed. On a tract with a very large oak or pecan, that usually makes designing around the tree the cheaper path.

### How can brush under a protected tree's canopy be cleared in Prosper?

Section 2.09 allows brush under the drip line of a protected tree to be cleared by hand or with turf-tire mowers. That keeps tracked machines, mulchers and dozers off the root zone. On a wooded Prosper lot, plan the machine routes around keeper trees and leave the work under their canopies to hand crews and light mowers.