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

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

Key Facts

Named species
Tree of Heaven, among 10 listed trees
Restriction
No street-side planting without special permit
Issuing authority
Commissioner of Parks, Forestry & Open Space Planning
Existing nuisance trees
Handled separately under § 917.08
Penalty
Misdemeanor of the fourth degree
Adopted
Ordinance 14-95, passed 1-10-1995

Summary

Toledo's tree code names Tree of Heaven among the species banned from street-side planting without a special permit. Section 917.07 lists it alongside box-elder, cottonwood, silver maple, mulberry, poplar, walnut and willow as trees unsatisfactory for public highway use because of aggressive root growth or weak branch and trunk structure.

No person shall plant along the public streets or ways of the City any box-elder, catalpa, cottonwood, Chinese elm, soft or silver maple, mulberry, poplar, Tree of Heaven, walnut, willow or other tree which, because of the root growth thereof, the branches or trunk thereof, or which for any other reason shall be deemed unsatisfactory for public highway uses, without obtaining a special permit therefor from the Commissioner of Parks, Forestry and Open Space Planning.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-105: Complete to June 30, 2026).

Full Breakdown

07 of the Toledo Municipal Code directly addresses Tree of Heaven (Ailanthus altissima), the fast-spreading invasive species notorious for aggressive root suckering and weak wood. The ordinance bars anyone from planting it, by name, along the public streets or ways of the City without first obtaining a special permit from the Commissioner of Parks, Forestry and Open Space Planning. Tree of Heaven appears in a named list alongside box-elder, catalpa, cottonwood, Chinese elm, soft or silver maple, mulberry, poplar, walnut and willow, all barred from street-side planting because of root growth, branch or trunk characteristics, or other reasons the Commissioner deems unsatisfactory for public highway use.

07 stops new specimens from going in along city rights-of-way, and it does not by its own text require an owner to cut down an existing Tree of Heaven on private land. 08 gives the City a separate tool, letting the Commissioner declare it a public nuisance and order the owner to remove it or correct the condition, with the City able to do the work and bill the property if the owner does not comply. 99.

Violations & Fines

Planting Tree of Heaven or any other § 917.07-listed species along a Toledo public street or way without the Commissioner's special permit is a misdemeanor of the fourth degree under § 917.99. A special permit from the Commissioner of Parks, Forestry and Open Space Planning can authorize an exception; without one, the planting itself is the violation, regardless of whether the tree later causes any damage.

Frequently Asked Questions

Does Toledo ban planting Tree of Heaven?
Not outright, but § 917.07 bars planting it along public streets or ways without a special permit from the Commissioner of Parks, Forestry and Open Space Planning, naming Tree of Heaven specifically alongside nine other species.
What other trees does Toledo restrict along streets?
Section 917.07 also lists box-elder, catalpa, cottonwood, Chinese elm, soft or silver maple, mulberry, poplar, walnut and willow as trees needing a special permit before street-side planting, due to root, branch or trunk problems.
Do I have to remove an existing Tree of Heaven?
Section 917.07 only restricts new planting. An existing tree becomes an issue only if it is declared a public nuisance under § 917.08, such as one endangering public safety, which triggers a separate removal order.

Sources & Official References

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