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Newark, OH Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Public-property ban
Seventeen listed entries under § 1028.08, including Tree of Heaven
Zoning landscaping ban
Prohibited trees list in § 1292.07(c), plus similar trees
Catch-all
Any other tree known to be similar to the listed species
Residential districts
RS, RL, RM, RH, RZLL and TFR exempt from Chapter 1292
Chapter 1028 penalty
First-degree misdemeanor, $25.00 to $1,000.00 fine

Summary

In the City of Newark, Ohio, two lists ban specific trees. Section 1028.08 bars sixteen named genera and species, including Tree of Heaven, from planting on Municipally-owned property. Section 1292.07(c) bars a similar list, plus ash and ginkgo, from required landscaping in non-exempt zoning districts. The code never uses the word invasive.

The following trees shall not be planted on Municipally-owned property: Acer saccharinum - Silver Maple Acer negundo - Box Elder Aesculus hippocastanum - Common Horse Chestnut Ailanthus altissima - Tree of Heaven ... Robinia pseudoacacia - Black Locust, Common Locust ... Ulmus pumila - Siberian Elm ... (c) Prohibited trees: Silver Maple, Soft Maple, White Maple, River Maple Acer saccharinum Honey Locust Gleditsia triacanthos Eastern Poplar, Eastern Cottonwood, Aspen Populus deltoids Boxelder, Ash-leaved Maple Acer negundo Basswood, American Linden Tilia Americana Willows, Osiers Salix Tree of Heaven Ailanthus altissima ... Ash Fraxinus Ginko Ginkoaceae Any other tree which is known to be similar to species above.

Full Breakdown

Newark regulates problem plants by naming trees that cannot be planted, not by labeling them invasive. Two separate sections do the work, and they cover different ground.

Section 1028.08, in the Streets, Utilities and Public Services Part, provides that the listed trees shall not be planted on Municipally-owned property. The list gives Latin names with common names: Silver Maple (Acer saccharinum), Box Elder (Acer negundo), Common Horse Chestnut, Tree of Heaven (Ailanthus altissima), all Birch, all Catalpa, all Mulberry, all Poplar, all Willow, female Ginkgo, European Mountain Ash, Black Locust, Common Apple, Tuliptree, Moline Elm, Siberian Elm and Eastern Cottonwood. Planting anything in a public place also needs a work permit from the Director of Public Service under § 1028.03.

Section 1292.07(c), in the zoning landscaping chapter, lists prohibited trees for landscaping that the chapter requires: Silver, Soft, White and River Maple; Honey Locust; Eastern Poplar, Eastern Cottonwood and Aspen; Boxelder; Basswood; Willows; Tree of Heaven; Common Horsechestnut; Catalpa; White or Common Mulberry; Ash; and Ginko. It closes with a catch-all: any other tree known to be similar to the species above. The chapter applies to new construction and additions, but § 1292.04(a) exempts the RS, RL, RM, RH, RZLL and TFR districts, while § 1292.04(f) keeps the § 1292.07(c) list in force in the DC District even though the rest of the chapter is exempt.

The lists overlap on Silver Maple, Box Elder, Tree of Heaven, poplars, willows, catalpa, mulberry and horse chestnut, but differ on Honey Locust, Basswood, Ash and Ginkgo, which appear only in the zoning list, and on Birch, Black Locust and the elms, which appear only in the public-property list. Neither list covers shrubs or herbaceous plants.

Violations & Fines

A violation of Chapter 1028 is a misdemeanor of the first degree under § 1028.99, punishable by a fine of not less than $25.00 and not more than $1,000.00, imprisonment of not more than sixty days, or both. A prohibited tree in required landscaping is a zoning matter: the Zoning Inspector withholds the zoning permit under § 1292.03(c), and ongoing violations draw notices under § 1232.99 starting at $150.00.

Frequently Asked Questions

Is Tree of Heaven banned in Newark, Ohio?
Yes, on both lists. Section 1028.08 bars Ailanthus altissima from being planted on Municipally-owned property, and § 1292.07(c) lists it among prohibited trees for landscaping under the zoning chapter. The code names the tree but does not label it invasive.
Can I plant a Silver Maple in my yard?
The § 1292.07(c) list bans Silver Maple, Soft Maple, White Maple and River Maple in required landscaping, but properties in the RS, RL, RM, RH, RZLL and TFR districts are exempt from that chapter under § 1292.04(a). On Municipally-owned property, § 1028.08 bars Silver Maple everywhere.
Are Ash trees prohibited in Newark?
Ash (Fraxinus) appears in the zoning list at § 1292.07(c), which applies to required landscaping outside the exempt residential districts, and in the DC District. It does not appear in the public-property list in § 1028.08, which names European Mountain Ash (Sorbus aucuparia) instead.
Does the ban cover shrubs and flowers?
No. Both sections list trees only, and § 1028.08 is headed trees and shrubs but names no shrubs. Section 1292.07(a) separately requires all trees, shrubs and vegetation planted to be native or common to Central Ohio or similar climates.

Sources & Official References

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