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DuPage County, IL Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Banned species
Ailanthus altissima (Tree of Heaven)
Governing section
Sec. 31-502.D, Chapter 31
Context
New subdivision street-tree planting only
Total banned species
14 species listed
Max fine
$1,000 per day, Sec. 31-604

Summary

DuPage County's subdivision street-tree rule, Sec. 31-502.D, expressly bars Ailanthus altissima, Tree of Heaven, from the shade trees subdividers plant along new streets, alongside 13 other prohibited species.

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

The planting of the following varieties of trees shall be prohibited: PROHIBITED PLANT SPECIES Botanic Name / Common Name: Acer negundo / Box elder; Ailanthus altissima / Tree of Heaven; Betual spp. / Birch; Juglans nigra and Hindsii / Black walnut; Catalpa speciosa / Catalpa; Elaeagnus spp. / Russian olive; Ginkgo biloba (female) / Female ginkgo; Maclura pomifera / Osage orange; Malus spp. / Apple; Morus spp. / Mulberry; Populus spp. / Aspen, poplar, cottonwood; Prunus spp. / Cherry, plum; Salix spp. / Willow; Sorbus spp. / Mountain ash; Ulmus spp. / Elm

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 14 Update 1).

Full Breakdown

Sec. D of the DuPage County Code, the same subsection that requires subdividers to plant one shade tree per 40 feet of street frontage, also carries a table titled 'PROHIBITED PLANT SPECIES' that a subdivider cannot use to satisfy the planting mandate. Ailanthus altissima, listed by its common name Tree of Heaven, is on that table alongside box elder, birch, black walnut, catalpa, Russian olive, female ginkgo, Osage orange, apple, mulberry, aspen/poplar/cottonwood, cherry/plum, willow, mountain ash and elm. The prohibition is tied specifically to the subdivision tree-planting requirement in Article V of Chapter 31 (Subdivision Regulations): a developer platting a new subdivision in unincorporated DuPage County cannot count a planted Tree of Heaven toward the one-tree-per-40-feet street frontage obligation, and using it would leave the subdivider out of compliance with the underlying planting mandate.

Enforcement of Sec. 31-502 runs through the DuPage County Building Code, meaning noncompliant plantings can hold up final acceptance of subdivision improvements. The rule does not reach removal of existing Tree of Heaven on private property outside the subdivision-approval process; it is a planting restriction tied to new development, not a standalone invasive-species eradication ordinance.

Violations & Fines

Sec. 31-604 sets the penalty for violating any provision of Chapter 31, including the Sec. 31-502.D prohibited-species list, at a fine of not more than $1,000.00, with each day of a continuing violation charged as a separate offense. A complaint may combine two or more days as separate counts. The Plat Officer enforces the article, and paying the fine does not relieve the subdivider of the underlying obligation to plant only compliant species.

Frequently Asked Questions

Is Tree of Heaven illegal to plant anywhere in DuPage County?
No. Sec. 31-502.D only bars it from the shade trees a subdivider plants to satisfy the street frontage requirement in a new subdivision. The county code does not separately regulate Tree of Heaven on existing private lots outside the subdivision process.
Why is Tree of Heaven on DuPage County's prohibited planting list?
The code lists it by name, Ailanthus altissima, in the Sec. 31-502.D prohibited species table without stating a reason in the text itself; it sits with 13 other species the county excludes from satisfying the required street tree planting ratio.
What happens if a subdivider plants Tree of Heaven anyway?
The planting would not count toward the required one tree per 40 feet of frontage, leaving the subdivider out of compliance with Sec. 31-502.D, and Sec. 31-604 authorizes fines up to $1,000 per day until the violation is corrected.

Sources & Official References

Other rules in DuPage County

All DuPage County rules

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