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New Castle County, DE Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Invasive rating
Rated 'I' - invasive tendency
Mowing deadline
Mow by September 30 yearly
Pollinator/rain gardens
Tree of Heaven prohibited there
Applies to
Unincorporated New Castle County only
Governing chapter
UDC Appendix 3; Ch. 7 § 302.4.5

Summary

New Castle County's development code lists Ailanthus altissima (Tree of Heaven) as an invasive tree to avoid, and its property maintenance code forces owners to mow down any harmful population by September 30 each year.

These county ordinances apply to unincorporated areas of New Castle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Ailanthus altissima / Tree of Heaven / Invasive Tendency: I / Note: Plant where it cannot escape cultivation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

The Unified Development Code's Appendix 3 plant guidance rates Ailanthus altissima / Tree of Heaven an 'I' for invasive tendency and directs planters to 'plant where it cannot escape cultivation.' That listing carries real weight: Property Maintenance Code § 7.01.002 (adopting IPMC § 302.4.5) requires an owner to mow a parcel at least once a year, by September 30, if it holds an Appendix III invasive-plant population large enough to harm neighboring properties. The same Appendix 3 list also bars Tree of Heaven from qualifying pollinator or rain gardens under § 302.4.10.4, and it applies only in unincorporated New Castle County. Wilmington and Newark run their own codes.

Violations & Fines

Skipping the required annual mow-down on an invasive-choked parcel is a Property Maintenance Code violation, enforced through inspection and civil penalty; a Tree of Heaven planted in a pollinator or rain garden forfeits that garden's protected status.

Frequently Asked Questions

Is Tree of Heaven illegal to own in New Castle County?
No outright ban. County code flags it as invasive in Appendix 3 to Chapter 40 and requires owners to mow a harmful population down every year by September 30; it's also barred from qualifying pollinator and rain gardens.
Does this rule cover Wilmington or Newark?
No. Chapter 40's applicability is limited to unincorporated New Castle County; Wilmington and Newark are incorporated cities that enforce their own separate municipal codes, not this county chapter.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

Compare New Castle County to another location·View the Delaware invasive plant rules overview

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