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Council Bluffs, IA Tree Protection: Parkway Planting (2026)

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

Key Facts

Minimum trunk diameter
1 inch at 1 foot height
Setback from pavement
30 inches minimum
Banned species
20+, e.g. cottonwood, silver maple
Enforcing agency
Parks, Recreation & Public Property
First-offense civil penalty
$750 plus court costs

Summary

In the City of Council Bluffs, no one may plant a tree, shrub or hedge in a public right-of-way parkway strip without following city standards: any tree must be at least one inch in trunk diameter and set back at least thirty inches from the street pavement edge. Twenty-plus species, including cottonwood, silver maple, box elder and all willows, are banned outright, and only trees on the master street tree plan may go in the ground. The Parks, Recreation and Public Property Department administers the list.

No person shall plant any tree, shrub or hedge in or upon any public right-of-way within the city limits of the city of Council Bluffs, Iowa, unless it is done so in accordance with the following standards and conditions: Any tree planted shall be one inch or more in diameter at one foot above the ground surface; ... No tree, shrub or hedge shall be planted within thirty (30) inches of the edge of the pavement of a street; No tree which is expressly prohibited herein or which is not included in the master street tree plan as provided herein shall be planted;

Full Breakdown

Council Bluffs Municipal Code Chapter 10.52 governs every tree, shrub and hedge planted in the city's public rights-of-way, the parkway strip between the street and the sidewalk. Under CBMC 10.52.090, no person may plant a tree, shrub or hedge in the right-of-way unless it measures at least one inch in diameter at one foot above ground and sits no closer than thirty inches to the edge of the street pavement. Planted material becomes city property once in the ground, subject to the chapter's maintenance rules.

CBMC 10.52.060 bars planting more than twenty listed species outright, including black locust, box elder, butternut, catalpa, cottonwood, elms other than hybrids, all evergreens, hickory, mulberry, Osage orange, paper birch, pin oak, poplars, Russian olive, silver maple, tree of heaven, walnut and willows, along with any standard fruiting tree and anything not on the master street tree plan. The director of Parks, Recreation and Public Property keeps that plan under CBMC 10.52.070, listing approved genus, species and variety and setting planting guidelines, and it is available for public inspection at the director's office.

Removing an existing parkway tree is a separate, permitted act under CBMC 10.52.010 through 10.52.050: the applicant needs a permit, a cash bond or deposit sized to the restoration cost, and proof of insurance, and must clear the felled tree and debris within forty-eight hours. A property owner who plants prohibited species or violates the setback can be ordered to remove the tree under the abatement process in CBMC 10.52.100, with an appeal to the city manager within ten days and up to one hundred eighty days to remove an illegally planted tree.

Violations & Fines

Violating any provision of CBMC Chapter 10.52, including the planting standards and prohibited species list, is punishable under CBMC 10.52.130 by the penalties in CBMC 8.02.020, with each day of a continuing violation charged as a separate offense. The city attorney may instead pursue it as a municipal infraction under CBMC 1.95.020, carrying a civil penalty of $750 for a first offense and $1,000 for each later offense, plus surcharge and court costs.

Frequently Asked Questions

Can I plant any tree I want in the parkway strip in front of my Council Bluffs home?
No. CBMC 10.52.090 requires right-of-way trees to be at least one inch in diameter and set back thirty inches from the street pavement, and CBMC 10.52.060 bans more than twenty species outright, including cottonwood, silver maple and all willows. Only species on the master street tree plan kept by the Parks, Recreation and Public Property director may be planted.
Who owns a tree once I plant it in the Council Bluffs right-of-way?
The city does. CBMC 10.52.090 states that after any tree, shrub or hedge is planted in the public right-of-way it becomes, and remains, the property of the City of Council Bluffs, subject to the maintenance and removal rules in the same chapter, even on the strip abutting your own private lot.
What happens if I plant a banned tree species in the Council Bluffs right-of-way?
The director of Parks, Recreation and Public Property can declare it a nuisance under CBMC 10.52.100 and order its removal. You may appeal to the city manager within ten days, but if the tree was planted in violation of the standards you get up to one hundred eighty days from a final order to remove it yourself.
Do I need a permit to remove a parkway tree in Council Bluffs?
Yes. CBMC 10.52.010 requires a permit from the Parks, Recreation and Public Property director before removing any tree from a public right-of-way, plus a cash bond or deposit and proof of insurance under CBMC 10.52.030, and the debris must be cleared within forty-eight hours under CBMC 10.52.040.

Sources & Official References

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