Dayton, OH Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Banned species
- 12 listed trees
- Notable ban
- Tree of Heaven (invasive)
- Scope
- Street/right-of-way plantings only
- Penalty
- Minor misdemeanor
Summary
Dayton bans a dozen tree species, including tree of Heaven and American elm, from street-tree plantings in the public right-of-way.
The following trees shall not be used for street planting or be planted thereon: Fruit trees, berry trees of any description, poplars, willows, birches, catalpas, box elder, silver maple, horse chestnut, tree of Heaven, European Mountain ash, Chinese elm, and American elm.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).
Full Breakdown
§ 96.03 bars fruit trees, berry trees of any description, poplars, willows, birches, catalpas, box elder, silver maple, horse chestnut, tree of Heaven, European Mountain ash, Chinese elm and American elm from being planted as street trees. This is narrower than a general invasive-plant ordinance, it reaches only trees planted in the tree lawn or other public right-of-way, not private yards, but it does bar Ailanthus altissima (tree of Heaven), Ohio's most-watched invasive tree and a host for the spotted lanternfly, plus two elm species historically devastated by Dutch elm disease.
Violations & Fines
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.
Frequently Asked Questions
Does Dayton ban invasive trees like tree of heaven?
Does Dayton's tree-planting ban apply to trees on my own property?
Sources & Official References
Other rules in Dayton
Compare Dayton to another location·View the Ohio invasive plant rules overview
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