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Dearborn Heights, MI Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Ailanthus altissima
tree of heaven, listed prohibited species
Applies to
required landscape plans under Article X
Triggered by
site plan, building permit, or CO
Also banned
buckthorn, Russian olive, ash, black locust
Checked by
planning consultant landscape inspection

Summary

In the City of Dearborn Heights, City Code § 36-401 lists Ailanthus altissima, the tree of heaven, on the zoning ordinance's table of prohibited plant materials because of its susceptibility to storm damage, disease, and its tendency to out-compete native species, barring it from landscape plans required for site plan approval, building permits, and certificates of occupancy.

Sec. 36-401. - Prohibited plant materials. Plant materials not recommended for use. Use of the following plant materials (or their clones or cultivars) is not encouraged because of susceptibility to storm damage, disease, propensity to out-compete native species, and other undesirable characteristics PROHIBITED PLANT MATERIALS Botanical Name Common Name Remarks ... Ailanthus altissima Tree of heaven

Full Breakdown

Section 36-401 sits in Article X, Landscaping and Screening, of the zoning ordinance, the same article that requires a landscape plan before the city will approve a site plan, issue a building permit, or grant a certificate of occupancy under § 36-391(b). The prohibited-materials table bars tree of heaven, along with box elder, silver maple, Russian olive, autumn olive, ash species, female ginkgo and honey locust, privet, honeysuckle, white mulberry, poplar and cottonwood species, buckthorn, black locust, multiflora rose, willow, American elm, and Siberian elm, from being used to satisfy a required landscape plan.

The restriction is prospective: it governs what a developer, business, or homeowner undergoing site plan review may plant, not what already exists on a lot, so an established tree of heaven on private property is not itself declared a violation by this section. Compliance is checked at the point the city reviews landscape plans, and again when the planning consultant conducts a landscape inspection under § 36-391(c) before a certificate of occupancy is issued; costs of that inspection are borne by the applicant. Because Article X's minimum requirements apply to new construction, building expansions above certain thresholds, and changes of use or occupancy under § 36-391(f), a commercial remodel or new development that lists tree of heaven on its planting schedule can have its landscape plan rejected or its certificate of occupancy withheld until a substitute species is provided.

The table's remarks column also carves out exceptions for some species, such as allowing male ginkgo and honey locust cultivars even though the female forms are barred, but no such exception is printed for tree of heaven.

Violations & Fines

A landscape plan that specifies tree of heaven or another listed species does not meet Article X's planting standards and can be rejected during site plan review, with the building permit withheld until the plan is corrected. If tree of heaven is planted at a site after landscape approval, the property can be cited as a Chapter 36 zoning violation, a Class D municipal civil infraction carrying a $250 first-offense fine, $500 for a second offense, and $1,000 for a third or later offense.

Frequently Asked Questions

Is tree of heaven illegal to plant in Dearborn Heights?
City Code § 36-401 lists Ailanthus altissima (tree of heaven) on the city's table of prohibited plant materials because of its susceptibility to storm damage, disease, and its tendency to out-compete native species. The restriction applies to landscape plans required under Article X for site plan approval, building permits, and certificates of occupancy, so a required landscape plan cannot rely on tree of heaven to satisfy planting requirements.
Does the city require removing an existing tree of heaven?
No. Section 36-401 restricts what may be planted under a required landscape plan; it does not order removal of an existing tree already on a property. The prohibition takes effect when a landscape plan is triggered, such as new construction, a building expansion, or a change of use requiring site plan approval under § 36-391.
What other trees are banned alongside tree of heaven?
The same table in § 36-401 also lists box elder, silver maple, Russian olive, autumn olive, ash species, female ginkgo and honey locust, privet, honeysuckle, white mulberry, poplar, buckthorn, black locust, multiflora rose, willow, and Siberian elm as plant materials not recommended for use in a required landscape plan.

Sources & Official References

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