Federal Way, WA Invasive Plant Rules: Tree-of-Heaven Removal (2026)
Key Facts
- Tree of Heaven setback
- 25 feet from ROW or sewer
- Governing section
- FWRC 19.125.085(1)(a)
- Liability for damage
- Planter responsible, subsection (2)
- Comparable setback trees
- Black walnut, willow, catalpa: 25 ft
- Wider-setback species
- Cottonwood, elm, poplar: 40 ft
Summary
Federal Way's landscaping code singles out Ailanthus altissima, Tree of Heaven, by name and bars planting it within 25 feet of a right-of-way or sewer line under FWRC 19.125.085. Anyone who violates the setback is liable for any damage the tree causes.
(1) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers: ... Ailathus altisinia (Tree of Heaven) 25' ... (2) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 26-1049, passed August 11, 2026).
Full Breakdown
085 lists nine tree types the city considers risky near infrastructure because of aggressive roots, weak wood, or invasive spread, and sets a minimum planting distance for each from rights-of-way or sewer lines. Tree of Heaven, listed in the code by its scientific name as 'Ailathus altisinia (Tree of Heaven),' carries a 25-foot minimum planting distance, the same distance required for black walnut, willows, catalpa, and basswood; cottonwood, sycamore, poplar, and elm require 40 feet. The section does not ban Tree of Heaven outright anywhere on private property, but it does prohibit planting it closer than 25 feet to a public right-of-way or a sewer line anywhere in the city.
Beyond the setback itself, the code shifts liability onto the planter: subsection (2) makes any person who violates the planting-distance rule responsible for any damage the tree causes, whether that is root intrusion into a sewer line, pavement heaving in a right-of-way, or storm damage from the tree's characteristically weak, brittle limbs. All street trees and other plantings covered by this article must also conform to standard landscaping practices and the city's own planting guidelines, which are the standards city staff apply when reviewing landscape plans submitted with development or right-of-way permits.
Because Tree of Heaven is also a documented host for the invasive spotted lanternfly, the setback effectively doubles as an early buffer against infrastructure damage and pest-vector planting near public property.
Violations & Fines
Planting Tree of Heaven inside the 25-foot buffer exposes the property owner to liability for any resulting damage under FWRC 19.125.085(2), separate from the code enforcement penalties available under Chapter 1.15 FWRC. A civil infraction for the underlying landscaping violation carries the citywide default schedule of $100 for a first offense, $200 for a second, and $300 for a third or continuing violation under FWRC 1.15.110.
Frequently Asked Questions
Can I plant a Tree of Heaven in Federal Way?
What happens if my Tree of Heaven damages a sewer line?
Are there other trees Federal Way restricts near the street?
Sources & Official References
Other rules in Federal Way
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Tree-of-Heaven Removal in Nearby Cities
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