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Duluth, MN Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Nomination
Open to any city resident, reviewed annually
Designation
By city council resolution
Age criterion
100+ years, verified by growth rings
Limb protection
Max 30% healthy limb removal
Recordkeeper
Tree inspector maintains designation list

Summary

In the City of Duluth, any resident can nominate a tree to the natural resources commission for heritage-tree designation, which the city council makes by resolution under Duluth Legislative Code § 35-30.1. Once a public heritage tree is designated, it cannot be girdled, stripped of more than 30 percent of its limbs, or root-damaged unless the tree inspector calls it hazardous.

(a) Any citizen or resident of the city may submit a nomination to the natural resources commission nominating any tree in the city for designation as a heritage tree. The commission shall decide on an annual basis whether to recommend such designation to the city council, which makes designations by resolution. ... (c) Designated heritage trees on public property may not be removed or harmed by such activities as trunk girdling, removing more than 30 percent of a healthy tree’s limbs, or damaging tree roots, unless the tree is determined a hazard to persons or property by the tree inspector.

Full Breakdown

Nominations can come from any citizen or resident of the city and go to the natural resources commission, which reviews them annually and recommends designations to the city council; the council makes the actual designation by resolution. Heritage trees can sit on public or private land, but if a nominated tree is on private property, the landowner must approve the nomination in writing before the commission can consider it. To qualify, a tree needs to meet at least one of five criteria: unusual trunk diameter or height for its species, a peculiar growth form giving it unique character, membership in a locally rare species, an age of at least 100 years as estimated by counting growth rings from an increment borer, or historic significance tied to a noted person, historic structure or significant event in Duluth's history.

The tree inspector keeps the official record of every designated heritage tree and its location. Once designated, a heritage tree on public property is protected from trunk girdling, from having more than 30 percent of a healthy tree's limbs removed, and from root damage, unless the tree inspector determines the tree has become a hazard to people or property, in which case the protections do not apply.

Violations & Fines

Harming a designated public heritage tree through trunk girdling, removing more than 30 percent of its healthy limbs, or damaging its roots, without a tree-inspector hazard determination, falls under the same misdemeanor and civil-penalty scheme in § 35-33 that governs all public-property vegetation damage, plus liability for repair or replacement costs.

Frequently Asked Questions

How does a tree get heritage-tree status in Duluth?
Any city resident can nominate a tree to the natural resources commission, which reviews nominations once a year and recommends designations to the city council. The council then designates heritage trees by resolution under § 35-30.1, and a tree only needs to meet one of five criteria, such as size, rare species, age of 100 years or more, or historic association.
Can a heritage tree on my own property be removed?
The written protections in § 35-30.1(c) against girdling, heavy limb removal and root damage apply specifically to heritage trees on public property. A privately owned tree can only be nominated with the landowner's written consent in the first place, so removal of a private heritage tree is not separately restricted by this section.
What can still be done to a designated heritage tree?
The tree inspector can allow work on a designated public heritage tree, including removal, if the inspector determines the tree has become a hazard to people or property. Short of that finding, girdling, removing more than 30 percent of the healthy limbs, or damaging the roots is off-limits.

Sources & Official References

Other rules in Duluth

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