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Tempe, AZ Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Governing section
City Code § 29-46
Banned outright
Eucalyptus, elm, ficus nitida, willow, cottonwood, poplar
Also banned
New or replacement olive and mulberry trees
Exempted cultivars
7 named eucalyptus/elm varieties, incl. ulmus parvifolia
Enforcement
Public Works/Transportation & Sustainability Director
Noncompliance remedy
City removes tree, bills owner, files lien

Summary

Tempe bans planting several tree species in its public rights-of-way outright. Section 29-46 outlaws most eucalyptus and elm varieties, ficus nitida, willow, cottonwood, and poplar, plus any new planting or replacement of pollen-producing olive or mulberry trees, regardless of how much water they use.

It shall be unlawful to plant eucalyptus (except microtheca, papuana, krusena, formanii, erythrocorys, spathulata and torquata), elm (except ulmus parvifolia), ficus nitida, willow, cottonwood or poplar trees in any public right-of-way. The planting and replacement of pollen-producing olive trees (olea europaea) or mulberry trees (morus alba) are also prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Tempe City Code Section 29-46, in Chapter 29's Article III governing trees and landscaping in public rights-of-way and parks, makes it unlawful to plant eucalyptus, elm, ficus nitida, willow, cottonwood, or poplar trees in any public right-of-way, with a short list of eucalyptus and elm cultivars carved out as exceptions: eucalyptus microtheca, papuana, krusena, formanii, erythrocorys, spathulata, and torquata, and the elm species ulmus parvifolia. The same section separately prohibits planting or replacing pollen-producing olive trees (olea europaea) or mulberry trees (morus alba) anywhere in the right-of-way, a rule aimed at reducing airborne pollen rather than water use, since it applies on top of the water-conservation species list in Section 29-39.

The ban is enforced by the Public Works or Transportation and Sustainability Director, who under Section 29-40 has general technical and supervisory control over all planting, placement, and removal of trees and shrubs in rights-of-way and parks. Section 29-47 gives the same office authority to declare an overhanging or encroaching tree or shrub, prohibited species or not, a public nuisance and to remove or trim it if it endangers public life, health, safety, or property, and bars planting any tree with a mature height over twenty feet directly under a public utility overhead line.

Violations & Fines

Planting a banned species in the right-of-way is enforced through Section 29-48: the Public Works Director sends written notice by certified mail, and if the violation is not corrected within thirty days, the Director can remove the prohibited tree and charge the abutting property owner for the cost. Under Section 29-49, an unpaid bill becomes a recorded lien against the property, collected like a City improvement district assessment.

Frequently Asked Questions

Can I plant a mulberry tree in the parkway outside my Tempe home?
No. Section 29-46 prohibits planting or replacing pollen-producing mulberry trees (morus alba) in any public right-of-way in Tempe, along with olive trees, because of the pollen they generate. This applies specifically to right-of-way plantings, not to trees planted elsewhere on private property.
Are all eucalyptus trees banned from Tempe rights-of-way?
No. Section 29-46 bans eucalyptus generally but carves out seven named varieties: microtheca, papuana, krusena, formanii, erythrocorys, spathulata, and torquata. Any other eucalyptus species planted in a public right-of-way violates the section and can be ordered removed by the Public Works Director.
What happens if I already have a banned tree in the parkway?
The Public Works Director sends written notice by certified mail under Section 29-48. If you don't fix the violation within thirty days, the City can remove the tree itself and bill you for the cost, and an unpaid bill becomes a recorded lien on the property under Section 29-49.

Sources & Official References

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