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Wilmington, DE Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Governing section
City Code § 46-30(a)
Permit needed
Written DPW permit before pruning street trees
Enforcing agency
Public Works and Licenses & Inspections
Max fine
$1,000 per violation
Who's responsible
Abutting property owner

Summary

Property owners along Wilmington streets must prune and maintain any tree on or overhanging the public right-of-way, and a city permit is required before pruning or removing a street tree.

Any person owning property shall be responsible for the maintenance, pruning, and treatment of any tree which is on, or adjoining or abutting their property and in the public right-of-way for a street, highway, lane or alley, etc, as may be necessary to alleviate any risk to the property owner or the public in the event that the tree or any part thereof is in a dangerous condition.

Source: Wilmington City CodeView 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 72).

Full Breakdown

Wilmington City Code § 46-30(a) makes the abutting property owner responsible for maintaining, pruning, and treating any tree on or bordering their lot that stands in the public right-of-way for a street, highway, lane, or alley, whenever needed to remove a danger to the public. Separately, § 46-33(a) bars anyone from planting, removing, pruning, or root-pruning a street tree without a written permit from the department of public works, and the work must follow the city's rules and regulations for arbor work. The urban forest administrator and the department of licenses and inspections can order specific corrective action if an owner is out of compliance.

Violations & Fines

Ignoring a compliance order brings a misdemeanor charge under § 46-36(a): a fine of at least $100 for each 1-to-7-day period of violation, capped at $1,000 per violation.

Frequently Asked Questions

Do I need a permit to trim a street tree in Wilmington?
Yes. City Code § 46-33(a) requires a written permit from the department of public works before pruning, root-pruning, planting, or removing any street tree in the public right-of-way.
Who is responsible for trimming a tree that overhangs a Wilmington sidewalk?
The owner of the abutting property, under § 46-30(a), must maintain, prune, and treat any tree on or bordering their lot that sits in the public right-of-way.

Sources & Official References

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