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Newark, OH Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Listed species
Ailanthus altissima, Tree of Heaven
Where the ban applies
Municipally-owned property in the City of Newark
Enacted
Ord. 93-4, passed January 4, 1993
Permit for public planting
Work permit from the Director of Public Service
Penalty
First-degree misdemeanor, $25 to $1,000, up to sixty days

Summary

Section 1028.08 of the Newark Code of Ordinances lists Ailanthus altissima, Tree of Heaven, among the trees that cannot be planted on Municipally-owned property in the City of Newark, Ohio. The ban reaches City land only, and Section 1028.99 sets first-degree misdemeanor penalties for violations of the chapter.

The following trees shall not be planted on Municipally-owned property: Acer saccharinum - Silver Maple Acer negundo - Box Elder Aesculus hippocastanum - Common Horse Chestnut Ailanthus altissima - Tree of Heaven Betula (all species) - Birch Catalpa (all species) - Catalpa Morus (all species) - Mulberry Populus (all species) - Poplar Salix (all species) - Willow

Full Breakdown

Newark City Council adopted the prohibited-tree list in Section 1028.08 as part of Ord. 93-4, passed January 4, 1993, the same ordinance that created the Newark Tree Commission. The section reads that the listed trees shall not be planted on Municipally-owned property, and it names Ailanthus altissima by both its Latin and common name, Tree of Heaven. The list is a planting ban, not a removal program: it keeps the species out of City parks, public places and rights of way that the City of Newark, Ohio controls.

Tree of Heaven shares the list with other fast-growing or weak-wooded trees. Silver Maple, Box Elder, Common Horse Chestnut, every birch, catalpa, mulberry, poplar and willow species, female Ginkgo, European Mountain Ash, Black Locust, Common Apple, Tuliptree, Moline Elm, Siberian Elm and Eastern Cottonwood all appear. The text covers municipal land, so Section 1028.08 does not by its own words reach a private lot.

Other sections of Chapter 1028 sit behind the ban. Section 1028.03 requires a work permit from the Director of Public Service before anyone plants or disturbs a tree in a public place. Section 1028.04 lets the Director require an abutting owner to remove all or part of a tree that, in the Director's judgment, endangers the public good, and Section 1028.05 sets the notice, fifteen-day compliance period and appeal route when the City trims or removes a hazardous tree itself. Under Section 1028.07, the ten-member Newark Tree Commission, appointed by the Mayor with the Superintendent of Parks as its Secretary, can recommend planting and removal policy to Council, which is the route for changing the list.

Violations & Fines

Section 1028.99 makes a violation of any provision of Chapter 1028 a misdemeanor of the first degree, punishable by a fine of not less than $25 and not more than $1,000, imprisonment of not more than sixty days, or both. Planting a listed tree on City property without the Section 1028.03 work permit adds a second basis for a charge.

Frequently Asked Questions

Is Tree of Heaven banned in the City of Newark, Ohio?
Section 1028.08 prohibits planting Ailanthus altissima, Tree of Heaven, on Municipally-owned property. The section lists it by Latin and common name next to Silver Maple, Box Elder, Mulberry and others. The ban is written for City land, so it governs what the City and anyone working on public ground can plant.
Does the ban cover my private yard in Newark?
The text of Section 1028.08 says the listed trees shall not be planted on Municipally-owned property, and that is the only reach it states. Chapter 1028 still lets the Director of Public Service require an abutting owner to remove a tree that endangers the public good under Section 1028.04.
Who decides which trees Newark prohibits?
City Council amended the list by ordinance, and the Newark Tree Commission advises it. Section 1028.06 sets the Commission at ten resident members appointed by the Mayor for three-year terms without pay, and Section 1028.07 gives it power to study and recommend plans on selecting, planting and removing public trees.
What is the penalty for planting a prohibited tree on City property?
Section 1028.99 treats any violation of Chapter 1028 as a first-degree misdemeanor. The fine runs from $25 to $1,000, and the court can add up to sixty days in jail. The Director of Public Service enforces the chapter and issues the work permits that public planting requires.

Sources & Official References

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