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Council Bluffs, IA Invasive Plant Rules: Prohibited Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
CBMC § 10.52.060
Scope
Public right-of-way and public property only
Examples banned
Black Locust, Cottonwood, Russian Olive, evergreens
Catch-all
Any species absent from master street tree plan
Plan keeper
Director, Parks, Recreation and Public Property
Private property
Not covered; separate owner duty in §10.52.080

Summary

In the City of Council Bluffs, more than a dozen tree species, including Black Locust, Box Elder, Cottonwood, all evergreens, Hickory, Mulberry, Russian Olive and Tree of Heaven, cannot be planted in a public right-of-way or on other public property under Council Bluffs Municipal Code § 10.52.060. The rule protects the city's master street tree plan from species prone to weak wood, invasive roots or short life spans in a boulevard setting.

No person, firm, corporation, association or other legal entity shall plant any of the following trees in or upon any public right-of-way or any other public property within the city of Council Bluffs, Iowa: Black Locust—Robinia Psuedoucacia; Box Elder—Acer Negundo; Butternut—Juglans Cinerea; Catalpa; Cottonwood, all species; Crab—Weeping; Elms, all species (except hybrids); All evergreens, including but not limited to pines, spruces, firs, cedars and other similar trees; Hawthorns (thorn varieties only)—Crataegus; Hickory—Carya, all species; Mulberry—Morus, all species; ... Any genus, species or varieties of any trees not listed on the master street tree plan as provided herein.

Full Breakdown

Council Bluffs Municipal Code § 10.52.060, in the Trees, Shrubs and Hedges chapter, bars anyone from planting a specific list of species in or upon a public right-of-way or other public property within the city. The banned list includes Black Locust, Box Elder, Butternut, Catalpa, Cottonwood, weeping Crab, all Elm species except hybrids, every evergreen such as pines, spruces, firs and cedars, thorn-variety Hawthorns, all Hickory species, all Mulberry species, Osage Orange, Paper Birch, Persimmon, Pin Oak, all Poplar species, Russian Olive, Silver Maple, Tree of Heaven, Walnut, all Willow species, and any standard fruiting tree such as apple, pear, cherry or plum other than a hybrid or flowering-only variety.

The section closes with a catch-all: any genus, species or variety not listed on the city's master street tree plan is also prohibited from right-of-way planting. That plan is prepared and kept current by the director of parks, recreation and public property under § 10.52.070 and is available for public inspection at the director's office, showing which species may be planted and under what standards. The ban applies specifically to public right-of-way and public property plantings for street-tree purposes; it does not itself regulate these same species growing on private property, which is instead addressed by the property owner's separate maintenance duty in § 10.52.080.

Violations & Fines

Planting a prohibited species listed in CBMC § 10.52.060 within the right-of-way is a Chapter 10.52 violation enforced under the penalty at § 10.52.130, which applies the CBMC 8.02.020 misdemeanor penalty with each day of an improperly planted tree counted separately, or the city attorney may pursue the case as a civil municipal infraction under CBMC 1.95. The parks department can also require removal of a wrongly planted tree and recover its abatement costs under § 10.52.100.

Frequently Asked Questions

What trees are banned from being planted along Council Bluffs streets?
CBMC § 10.52.060 lists more than twenty species banned from the public right-of-way, including Black Locust, Box Elder, Cottonwood, all Elm species except hybrids, every evergreen, Hickory, Mulberry, Osage Orange, Pin Oak, Poplars, Russian Olive, Silver Maple, Tree of Heaven, Walnut and Willows, plus any standard non-hybrid fruiting tree. Any species not on the city's master street tree plan is also banned, so the plan is the actual list to check before planting.
Does this ban apply to trees already growing in my own yard?
No. CBMC § 10.52.060 only prohibits planting these species in or upon a public right-of-way or other public property, not on private land. A tree on private property that also happens to overhang the right-of-way is instead covered by the separate maintenance duty on property owners in CBMC § 10.52.080, which addresses interference with sidewalks, sight lines and street lighting rather than species.
Where can I find the approved list of trees I can plant on the boulevard strip?
CBMC § 10.52.070 requires the director of parks, recreation and public property to keep a master street tree plan showing which genus, species and varieties may be planted in the right-of-way and the standards for planting them, available for public inspection at the director's office. Anything not on that plan is barred from right-of-way planting under § 10.52.060's catch-all clause.

Sources & Official References

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