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Battle Creek, MI Tree Protection: Parkway Planting (2026)

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

Key Facts

Elm spacing
Not less than sixty feet apart
Oak spacing
Not less than fifty feet apart
Other shade and ornamental trees
Not less than forty-five feet apart
Minimum curb lawn width
Three feet; no planting if narrower
Distance from intersecting rights-of-way
Not nearer than twenty-five feet
Permit and enforcement
Department of Public Works; Class E fine without a permit

Summary

In the City of Battle Creek, Michigan, street and park trees are planted by the Department of Public Works, not by residents. Elm trees go sixty feet apart, oaks fifty feet, other trees forty-five feet, and nothing is planted in a curb lawn narrower than three feet.

Plantings of shade and ornamental trees in streets and parks of the City shall be done by the Department of Public Works in accordance with prescribed tree planting practices. Elm trees shall be spaced not less than sixty feet apart. Oak trees shall be spaced not less than fifty feet apart. Other shade and ornamental trees shall be spaced not less than forty-five feet apart. No trees shall be planted in the curb lawn when that area is less than three feet wide. All trees shall be planted mid-way in the curb lawn. No tree shall be planted nearer than twenty-five feet from intersecting rights-of-way of any streets.

Full Breakdown

Chapter 1026 of the Battle Creek Codified Ordinances governs trees in curb lawns, street rights-of-way and parks in the City of Battle Creek, Calhoun County, Michigan. Section 1026.06 sets the planting geometry. Plantings of shade and ornamental trees in streets and parks are done by the Department of Public Works in accordance with prescribed tree planting practices. Elm trees must sit not less than sixty feet apart, oak trees not less than fifty feet apart, and every other shade or ornamental tree not less than forty-five feet apart. A tree is never planted in a curb lawn that is less than three feet wide, every tree goes mid-way in the curb lawn, and no tree is planted nearer than twenty-five feet from the intersecting rights-of-way of any streets.

The chapter defines the curb lawn as the area between the street curb and sidewalk on streets with curbs and gutters, and as the area between the traveled portion of the road and the dedicated public right-of-way on all other streets. Under Section 1026.04, the Director of Public Works controls all trees in curb lawns, street rights-of-way and parks. A citizen who wants to plant, prune or remove a tree in the curb lawn or public right-of-way must apply for a permit with the Department of Public Works, listing name, address, tree location and species. The Director can require that the work follow American National Standards Institute (ANSI) standards and that the citizen pay all or part of the cost. Section 1026.02 lists prohibited species: poplar, willow, box elder, silver maple, locust, tree of heaven, catalpa, mulberry and Chinese elm. The Director can order removal of any tree of a prohibited species under Section 1026.05. The Tree Advisory Council advises the Director on the Annual Tree Work Plan, which is announced each December.

Violations & Fines

Planting, pruning or removing a curb lawn or right-of-way tree without the permit required by Section 1026.04 is a Class E Municipal civil infraction. Under the Section 202.98 schedule, Class E fines are $200.00 for a first offense, $400.00 for a second offense within one year and $800.00 for a third or later offense within one year. Damaging a public tree falls under Section 1026.07, a Class C infraction.

Frequently Asked Questions

Can I plant my own tree in the curb lawn in Battle Creek?
Only with a permit. Section 1026.04 requires an application to the Department of Public Works with your name, address, tree location and species. Section 1026.06 puts street and park plantings in the hands of the Department, and the Director can require ANSI standards and shift part or all of the cost to you.
How far apart must street trees be in Battle Creek?
Elm trees must be not less than sixty feet apart, oak trees not less than fifty feet apart, and other shade and ornamental trees not less than forty-five feet apart. Each tree is planted mid-way in the curb lawn, and none goes nearer than twenty-five feet from intersecting rights-of-way.
What if my curb lawn is narrow?
Section 1026.06 bars planting in any curb lawn that is less than three feet wide. The curb lawn is the strip between curb and sidewalk on streets with curbs and gutters, so a strip under three feet gets no tree.
Which species are banned from city planting in Battle Creek?
Section 1026.02 defines prohibited species as poplar, willow, box elder, silver maple, locust, tree of heaven, catalpa, mulberry and Chinese elm. Under Section 1026.05 the Director of Public Works can remove a tree of a prohibited species from public ground.

Sources & Official References

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