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Rochester Hills, MI Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Banned species
Ailanthus altissima (tree of heaven)
Other banned species
9 more, including box elder, Siberian elm
Scope of ban
New street tree plantings in right-of-way only
Existing private trees
Not required to be removed
Governing section
City Code Section 106-56(1)

Summary

Rochester Hills bans planting Ailanthus altissima, the tree of heaven, as a street tree anywhere in the public right-of-way under City Code Section 106-56(1). The section names it alongside nine other prohibited species, including box elder, silver maple, Siberian elm and several buckthorn and willow varieties. The rule targets right-of-way plantings only; it does not require removing an existing tree of heaven from private land.

(1)Prohibited species. The following prohibited tree species shall not be planted as street trees:a.Acer negundo (box elder);b.Acer saccharinum (silver maple);c.Ailanthus altissima (tree of heaven);d.Catalpa species;e.Elaeagnus species (autumn and Russian-olive);f.Morus species (mulberry);g.Populus species (poplar);h.Rhamnus species (buckthorn);i.Salix species (willow); andj.Ulmus pumila (Siberian elm).

Full Breakdown

Section 106-56(1) lists ten tree species the city will not allow anyone to plant as a street tree in a public street or road right-of-way, and Ailanthus altissima, commonly called tree of heaven, sits third on that list. The other nine are box elder, silver maple, Catalpa species, autumn and Russian olive, mulberry, poplar, buckthorn, willow, and Siberian elm. The city groups tree of heaven with these species because of the same right-of-way concerns that drive the rest of Chapter 106's tree article: weak wood, aggressive suckering root systems, interference with sidewalks, utilities and pavement, and a tendency to crowd out more desirable street trees.

The prohibition applies specifically to new plantings within the right-of-way that the city or an adjacent property owner controls; a permit under Section 94-33 is required for any private owner planting a street tree at all, and a prohibited species will not be approved regardless of the applicant's preference. Because the ban sits inside the street tree planting article rather than the separate tree conservation article in Chapter 126 or the natural resources chapter, it does not reach an existing tree of heaven already growing on private property, and the code does not set out an eradication program for the species.

Where a tree of heaven on private land threatens a right-of-way, sidewalk or public utility, the general private-tree provisions in Sections 106-91 through 106-93 (root and branch encroachment, structurally unsound trees) still apply regardless of species.

Violations & Fines

Planting a prohibited species like tree of heaven as a street tree is a violation of Section 106-56 that falls under the citywide default penalty in Section 1-16: a misdemeanor punishable by up to 90 days in jail, a fine of up to $500.00, or both. Under Section 106-58(d), a person who plants a street tree, prohibited species or not, without the required right-of-way permit can be ordered to remove it at their own expense.

Frequently Asked Questions

Is tree of heaven banned as a street tree in Rochester Hills?
Ailanthus altissima, tree of heaven, is one of ten species Section 106-56(1) bars from being planted as a street tree in a Rochester Hills right-of-way. The others are box elder, silver maple, Catalpa species, autumn and Russian olive, mulberry, poplar, buckthorn, willow, and Siberian elm. Any permit application under Section 94-33 to plant one of these species in the right-of-way will be denied.
Do I have to remove a tree of heaven already on my property?
No. Section 106-56 only bars new plantings of tree of heaven within a public street or road right-of-way; it does not order removal of one already growing on private property. If that tree threatens a right-of-way, sidewalk or utility line, the general structurally-unsound-tree and encroachment rules in Sections 106-91 through 106-93 can require the owner to prune or remove it regardless of species.
Does the tree of heaven ban cover park trees or private landscaping?
The prohibition covers only new street tree plantings in the public right-of-way, not park trees or trees on other public grounds under a separate maintenance program, and not private landscaping choices away from the right-of-way. Someone wanting to plant a tree along a road frontage should check the list in Section 106-56(1) and obtain a right-of-way permit under Section 94-33 before planting any species there.

Sources & Official References

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