Duluth, MN Tree Protection: Parkway Planting (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?
What is considered public property under Duluth's tree ordinance?
What happens if I plant or damage a boulevard tree without approval in Duluth?
Can I challenge a tree inspector's denial of a planting request?
Sources & Official References
Other rules in Duluth
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