Battle Creek, MI Invasive Plant Rules: Tree-of-Heaven Removal (2026)

Chapter 1026 of the Battle Creek Codified Ordinances regulates trees and shrubs in public places in the City of Battle Creek, Michigan. Section 1026.01(b) limits its reach: except as otherwise stated, it applies only to public streets, curb lawns, parks and other land publicly owned or controlled by the City. Section 1026.02(f) defines "prohibited species" as poplar, willow, box elder, silver maple, locust, tree of heaven, catalpa, mulberry, or Chinese elm trees. Section 1026.02(i) defines "tree" to include shrubs, bushes and all other woody vegetation, and subsection (g) defines a public tree as any tree in or on a street right-of-way, curb lawn, park or other land publicly owned or controlled by the City.

The operative use of the list is in Section 1026.05. The Director of Public Works can remove, or cause or order to be removed, any tree or part of a tree that is in an unsafe condition, is of a prohibited species, or is infected with any injurious disease, fungus, insect or other pest. A tree of heaven growing in a curb lawn or park therefore falls within the Director's removal authority without any separate finding of danger. When the Department removes a tree solely to construct a public work, the Director replaces it at public expense where practical and if the Tree Advisory Council recommends.

Planting on public land is not left to residents. Section 1026.06 puts shade and ornamental tree planting in streets and parks in the hands of the Department of Public Works, and Section 1026.04 requires a citizen to obtain a permit to plant, prune or remove a tree in the curb lawn or public right-of-way.

On private lots, the chapter reaches trees only when they overhang a street or public right-of-way. Section 1026.09 requires the owner to trim branches to keep a clear space of not less than fifteen feet above the street, sidewalk or right-of-way and to remove dead, diseased or dangerous trees and limbs that menace public safety.