Is there not a way to keep the tree and build the house in a bit differnt spot. There are in some cases rules even in place to save trees so make sure that is not a concern where you live. Some pics of the plan and the lot in a drawing would be good too. I love trees but sometimes it is just not a good plan to keep one but I need more info. Have you spoken to your architect about maybe a bit different plan so you can keep the tree.

Keep the tree. Move the house a bit please.

Hi

the link below will give a view of the lot with old home. we are keeping almost all other trees. and we cannot move the house any further due to lot size. https://www.redfin.com/TX/Houston/9009-Randy-Dr-77055/home/30026303

the tree in question is the one on the left as you look at old house leaning to the right towards the house. as you can see it is currently close to the roof of the left side of the house.

You will likely kill the tree building near it by killing of the huge root network. If you can’t build further away just save yourself the agony of a slow death and potential of limbs falling on your house and remove it. We had two huge trees in front of our house, one oak and one maple. The oak looses its leaves all winter rather than one big drop, not to mention the acorns in gutters, grass and squirrels. Our trees were a yearly expense with cabling, and trimming.

I really try to avoid removing trees, but the lean on that tree and Houston weather are just asking for trouble. Two medium sized branches have already been removed and there are two still there that would be over your new build. I wouldn't want to chance it and would remove the tree. Plant another in a good spot.

Also, if your new build will have a larger footprint with more concrete, it's likely to kill it anyway. Our old house had a 100+ oak in front and the arborists told us a circle drive would kill it, not to pave anywhere under the canopy, preferably 10+ feet away from the canopy. A neighbor in our new subdivision had to cut down two 100+ oaks because her circle drive killed them. (outside Houston area)

thank you all for your comments. seems the consensus is to remove tree.

I am a certified tree lover! Even I would remove that tree. Plant a new oak to replace it.

I have lived in two cities where removing trees were controlled by the city. I remember one city called it the heritage act. If a tree’s diameter was greater then xx inches, it’s removal had to mitigated.

Planning and permitting might take a couple of years, I knew a developer who would poison a tree (200-300 year old oak) at the beginning of the process, 2 years later, he would ask for permission to remove the tree. He built around many trees, but some had to go in order to make a profit.

Is it legal to remove your tree?

I live in CA, no tree removal restrictions where I am currently, but, I can’t sell the trees.

Just returned from lot and I am now wondering if this other oak tree should also be removed - the one right in front of house (some vine growing on trunk). the design for the porch area is 10 ft from this tree but perhaps it may also have a slow death. the one to the left and leaning towards the house is the one you have provided your comments. thanks again for your pro advise!

Yes, cut both down. I assume they are live oaks. I think you have answered your own question. I love trees, but those should of never been allowed to grow. As someone said above, you are going to lose them anyway from root damage when you start construction. It may take several years, but they will die. (If a hurricane doesn't take them out first.)

https://homeguides.sfgate.com/far-apart-plant-live-oak-trees-80268.html#:~:text=Maintain%20a%2020%2Dfoot%20distance,keeps%20them%20healthy%20and%20vigorous.

ETA: If someone wants the wood for a fireplace or smoker, that would be a great recycle use.

ETA2: Even if not live oaks, still they are too close for any oak.