Land Clearing Permits in Montgomery & Montgomery County, AL

Inside the City of Montgomery, clearing land generally needs a city grading permit, and there is no acreage floor. The city code says no one may conduct land-disturbing activity without one, and it names clearing as land-disturbing activity. Agriculture, silviculture and minor work around a home are excluded. Outside the city limits in Montgomery County, the rule that most often applies is the state’s, which starts at one acre.

Each rule below carries its official source. Requirements vary by parcel, scope and jurisdiction, and the governing authority makes the determination.

Inside the City: What Triggers the Permit

Montgomery’s erosion and sedimentation rules are Article V of Chapter 12 of the city code. Section 12-189 is one sentence: no person may conduct any land-disturbing activity without having obtained a grading permit from the city official (City of Montgomery Code, ch. 12, art. V). The city official is the city engineer, under section 12-182.

Section 12-190 defines land-disturbing activity as any land change that may result in soil erosion and the movement of sediment to the city’s storm sewer system, “including, but not limited to, the clearing, dredging, excavating, transporting and filling of land.” Section 12-181 defines clearing as the removal of trees, brush or vegetation, and excludes ordinary mowing and the maintenance of areas already cleared.

Two things follow. There is no one-acre test in the city rule, so a half-acre lot being opened for a building can be inside it. And a maintenance pass on an open field is not clearing; opening a wooded lot is.

What Is Excluded

Section 12-190 lists activities that may be done without a grading permit. The ones that matter for clearing are:

• Agriculture, defined as activities on land for the production of plants, crops and animals.
• Silviculture, listed by name; the section does not define it further.
• Minor residential work such as home gardens, landscaping on individual residential lots, home maintenance and accessory structures, with minor excavations limited to under 3,500 square feet and under two feet deep. Landscaping done by or for a developer or builder who is building a house on the lot does not qualify.
• Minor grading for driveways, yards and sidewalks at single or two-family homes, again excluding work done by or for a builder.

The exclusions have two limits written into them. The city official may still require a plan and a permit for an excavation under 3,500 square feet “if warranted by the circumstances”. And people doing excluded work remain responsible for controlling sediment and runoff. Being excused from the paperwork is not the same as being free to let a cleared slope wash into a ditch.

Whether a job is agriculture, silviculture or development is a question for the city, not for the contractor. Clearing a pasture to graze it again is a different thing from clearing the same pasture to sell it as house lots.

How the Grading Permit Works

Under section 12-183, the owner or an authorized agent files an application for approval of a construction best management practices plan, known as a CBMP plan, before work starts. The main points:

• Fee. $400, nonrefundable, waived for an individual single-family detached residential plan (section 12-184).
• Review time. The city approves or disapproves a complete filing within 30 days, and responds to revisions within 14 days. Work may not start before the permit is issued.
• What the application names. The owner, every contractor and subcontractor who will carry out the plan, a site map, and a contact person who lives within 20 miles of the city. A Qualified Credentialed Professional approves the plan for everything except individual single-family homes (section 12-185).
• Before the machine arrives. The city must be told at least five business days before work begins, and downslope erosion and sediment controls must be in place and working before clearing starts, apart from the clearing needed to install them (section 12-191).
• During the work. Controls are checked monthly in dry periods and within 24 hours after three quarters of an inch of rain, with written records kept.

The permit does not replace any other federal, state or local permit the job needs. Applications go to the city engineer as the city official; call before filing to confirm the current process.

Burning Clearing Debris Inside the City

A grading permit is not a permit to burn what comes off the land. Section 13-9 of the city code makes it unlawful to start or keep any open fire inside the city limits without a burn permit from the city fire department (City of Montgomery Code, sec. 13-9). The exception for cooking and recreational fires covers charcoal and firewood in a proper container, and expressly not yard waste, vegetation or leaves.

The fire chief sets each permit’s time, place and conditions, and may refuse one that creates a safety hazard. A first conviction carries a fine of at least $100 or up to ten days in jail. These rules are current as of September 2026. In practice, most clearing debris inside the city is ground in place or hauled. Statewide, the Alabama Forestry Commission requires a burn permit for woodland, grassland, field or new ground over a quarter acre or within 25 feet of natural fuels (Alabama Forestry Commission).

Outside the City: Montgomery County and the State Layer

In unincorporated Montgomery County, the county’s published permit list names building permits and driveway turnout installation, both through County Engineering, main office (334) 832-1310 (Montgomery County, permits and licenses). The list does not include a separate clearing or land disturbance permit as of September 2026, but that is worth confirming by phone before a large job. A new turnout onto a county road goes through the same office.

The state layer applies everywhere, in town and out. ADEM requires construction stormwater permit coverage when land disturbance reaches one acre or more, or less than an acre when it is part of a larger common plan that reaches an acre (ADEM, construction general permit). Towns elsewhere in the River Region, such as Prattville, Wetumpka, Millbrook or Pike Road, set their own local rules, so check with the town before assuming Montgomery’s apply.

Frequently Asked Questions

Do I need a permit to clear my own residential lot in Montgomery?

Not for minor work around an existing home, which section 12-190 excludes. Clearing a lot to build on, or clearing more than minor landscaping, generally needs a grading permit.

Does forestry mulching count as clearing under the city code?

Removing trees, brush or vegetation is clearing under section 12-181, whatever the machine. Mowing land that is already cleared is not.

How long does the city take to decide?

Thirty days from a complete filing, and 14 days on a revised plan. Add the five business days’ notice before work starts.

Get the Permit Question Settled Before the Machine Arrives

We flag the likely triggers at the walk-through and help identify the right office; the city and the state make the call. Ranges for every kind of work are on the Montgomery pricing guide, what makes the River Region different is on our Montgomery land clearing page, and the mulching figure is broken down in our Montgomery forestry mulching cost guide. When you are ready, request a free quote.