How Dayton Handles Invasive Plant Rules: A Practical Guide

Dayton maintains 116 local ordinances across all categories, and 2 of those deal specifically with invasive plant rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Dayton falls on the strict-to-permissive spectrum compared to other cities.

Prohibited Species

Dayton bans a dozen tree species, including tree of Heaven and American elm, from street-tree plantings in the public right-of-way.

Key details: Banned species: 12 listed trees. Notable ban: Tree of Heaven (invasive). Scope: Street/right-of-way plantings only. Penalty: Minor misdemeanor.

Planting a listed species as a street tree violates § 96.03 and is a minor misdemeanor under § 96.99, since no more specific penalty applies to that section.

Tree-of-Heaven Removal

Dayton's zoning code lists Ailanthus altissima, Tree-of-heaven, among ten tree species banned from planting along public street frontages within the city.

Key details: Governing section: Dayton R.C.G.O. § 150.800.7, Schedule 150.800.7. Listed name: Ailanthus altissima (Tree-of-heaven). Scope: Public street frontage plantings only. List can grow: Director of Public Works may add species.

Planting Ailanthus altissima or other listed species as a street tree along a public frontage violates Schedule 150.800.7 and can be rejected or required to be replaced at the developer's or owner's expense.

The Bottom Line

Dayton's invasive plant rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Dayton is broadly strict or permissive.

These rules come from Dayton's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.