Council Bluffs, IA Invasive Plant Rules: Tree-of-Heaven Removal (2026)
Key Facts
- Governing section
- CBMC § 10.52.060
- Species named
- Tree of Heaven, Ailanthus Altissima
- Scope
- Public right-of-way and public property only
- Also banned nearby
- Russian Olive, Silver Maple, Pin Oak
- Approved-species list
- Master street tree plan, CBMC §10.52.070
- Private property
- Not directly reached by this section
Summary
In the City of Council Bluffs, Tree of Heaven (Ailanthus altissima) is one of more than twenty species barred from being planted in a public right-of-way or on other public property under Council Bluffs Municipal Code § 10.52.060. The species sits on the same prohibited list as Russian Olive and Silver Maple, all species the city's master street tree plan excludes from boulevard planting.
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: ... Pin Oak—Quercus Palustris; Poplars, all species; Russian Olive; Silver Maple—Acer Saccharinum; Tree of Heaven—Ailanthus Altissima; Walnut—Juglans Nigra; Willows, all species; Any standard fruiting tree, including but not limited to apple, pear, cherry, plum and other similar trees, but excluding any hybrid variety or flowering-only variety;
Full Breakdown
Council Bluffs Municipal Code § 10.52.060 names 'Tree of Heaven-Ailanthus Altissima' directly among the species no person, firm, corporation, association or other legal entity may plant in or upon a public right-of-way or other public property within the city. It appears alongside Pin Oak, Poplars, Russian Olive, Silver Maple, Walnut, Willows and non-hybrid fruiting trees in the same numbered list, and like every other species on it, is also barred by the section's closing catch-all covering any genus, species or variety absent from the city's master street tree plan under § 10.52.070.
That plan, kept and periodically updated by the director of parks, recreation and public property, is the authoritative list of species the city allows in the right-of-way and is open for public inspection at the director's office. The prohibition reaches new plantings on public right-of-way and public property; it does not by its own terms reach an existing Tree of Heaven already growing on private property, though a private tree that interferes with sidewalks, street lighting or traffic visibility from the right-of-way can still trigger the property owner's separate maintenance duty under § 10.52.080.
Anyone proposing to plant street trees under a § 10.52.010 removal-and-replacement permit must check the prohibited list and the master street tree plan before selecting a replacement species, since planting a banned tree in the right-of-way violates § 10.52.060 independent of whatever permit covered the original removal.
Violations & Fines
Planting a Tree of Heaven or any other species on the CBMC § 10.52.060 prohibited list within the right-of-way is enforced under the Chapter 10.52 penalty at § 10.52.130, subject to the CBMC 8.02.020 misdemeanor penalty with each day counted as a separate violation, or pursued as a civil municipal infraction under CBMC 1.95 at the city attorney's discretion. The parks department can also require the tree's removal and recover the abatement cost under § 10.52.100.
Frequently Asked Questions
Is Tree of Heaven specifically illegal to plant in Council Bluffs?
Does the Tree of Heaven ban cover trees on my own private lot?
What list do I check before choosing a replacement street tree after a removal permit?
Sources & Official References
Other rules in Council Bluffs
Compare Council Bluffs to another location·View the Iowa invasive plant rules overview
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