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Duluth, MN Tree Protection: Parkway Planting (2026)

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

Key Facts

Enforcing agency
Tree inspector / city forester
Approval needed
Written OK before planting on public property
Boulevard threshold
Trees over 3/4 inch diameter regulated
Penalty
Misdemeanor plus civil penalty (Ch. 12, §31-6)
Appeal window
14 days to the director (§35-32)

Summary

In the City of Duluth, no one may plant vegetation on public property, including street boulevards and rights-of-way, without written approval from a city tree inspector first. Boulevard vegetation is otherwise unregulated, except any tree over three-quarters of an inch in diameter still needs sign-off. Duluth Legislative Code § 35-28 gives the city forester's tree inspectors control over what goes into the parkway strip.

(a) Except as otherwise provided for in this Article, no person shall: (1) Plant any vegetation on public property without having received the prior written approval of a tree inspector; ... (b) The provisions of this Section shall not apply to vegetation located on boulevards except for trees having a diameter in excess of three-quarters of an inch located on boulevards;

Full Breakdown

The rule sits in Chapter 35's tree ordinance, administered by the tree inspectors the director of Parks and Recreation designates under § 35-27, typically the city forester's staff. Section 35-28 bars planting any vegetation on public property, defined to include all city-owned land and the improved portion of any street or highway easement, including boulevards, without the tree inspector's prior written approval. The same section prohibits damaging, cutting, carving, killing or injuring public vegetation, attaching ropes, wires or signs to a public tree or shrub, and digging or disturbing public vegetation without that same approval.

Lawmakers carved out an exception for boulevard vegetation generally, since much of it is turf or low shrubbery the city does not track tree by tree, but the exception stops at trees: any boulevard tree exceeding three-quarters of an inch in diameter is still covered and needs the tree inspector's written sign-off before a resident plants, moves or removes it. Construction projects touching public-property vegetation trigger a separate consultation duty between city staff and the tree inspector under § 35-29, and adjacent property owners get input when a project may require removing boulevard trees within a street right-of-way.

A tree inspector may enter private premises to enforce this Article after identifying themselves, per § 35-27(b), and interfering with that inspection is itself unlawful.

Violations & Fines

Damaging, planting without approval, or otherwise violating this Article's public-property vegetation rules is a misdemeanor under § 35-33, carries a civil penalty set under Chapter 12 and § 31-6, and makes the violator liable to the city for the cost of repairing, restoring or replacing any vegetation damaged or destroyed.

Frequently Asked Questions

Do I need a permit to plant a tree on the boulevard in front of my Duluth house?
Yes. Duluth Legislative Code § 35-28 requires written approval from a city tree inspector before planting any vegetation on public property, and the boulevard strip between the street and sidewalk counts as public property. Only low, non-tree boulevard plantings under three-quarters of an inch in diameter fall outside the rule.
What is considered public property under Duluth's tree ordinance?
Section 35-26 defines public property as all city-owned land plus the improved portion of any street or highway easement under city jurisdiction, including boulevards. That definition is what pulls the strip in front of a private home into the planting-approval requirement even though a resident maintains it.
What happens if I plant or damage a boulevard tree without approval in Duluth?
You can be charged with a misdemeanor and assessed a civil penalty under Chapter 12 and § 31-6, and you become liable to the city for the cost of repairing, restoring or replacing the vegetation, per § 35-33.
Can I challenge a tree inspector's denial of a planting request?
Yes. Section 35-32 lets anyone aggrieved by a tree inspector's decision appeal in writing to the director within 14 days of that decision, laying out the facts and the relief being requested. The director can grant the appeal, affirm it, or affirm it as modified, and that ruling is final.

Sources & Official References

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