Kokomo, IN Tree Protection: Parkway Planting (2026)
Key Facts
- Governing section
- § 155.79(A)
- ROW planting ban threshold
- 50 feet or less right-of-way
- Plan requirement
- Planting plan filed with preliminary plat
- Reviewing body
- Kokomo Plan Commission
- Applies to
- New subdivision plats, not existing lots
Summary
Kokomo's subdivision control ordinance, § 155.79(A) of the Kokomo Code of Ordinances, bars new-subdivision trees from being planted in the right-of-way of residential streets that have 50 feet or less of right-of-way, and the subdivision covenants must say so. Where a developer still wants right-of-way trees on a wider street, the planting plan has to be submitted with the preliminary plat for the Plan Commission's approval.
§ 155.79 PUBLIC SITES AND OPEN SPACE.
(A) Tree planting is encouraged but in no case may trees be planted in the right-of-way of residential streets having 50 feet or less right-of-way and the covenants shall so state. Where trees within right-of-way are planned; the planting plan shall be submitted with the preliminary plat for approval.
Full Breakdown
Section 155.79 sits in Chapter 155, Subdivision Control, under the heading "Public Sites and Open Space," so it governs how new plats lay out street trees rather than regulating trees an existing homeowner plants after the fact. Division (A) draws the line at right-of-way width: on residential streets platted with 50 feet of right-of-way or less, a subdivider may not plant trees inside that right-of-way at all, and the recorded covenants for the subdivision must spell out the prohibition so future lot owners are on notice.
On streets wide enough to allow right-of-way trees, the ordinance still requires the developer to submit a planting plan with the preliminary plat, giving the Plan Commission a chance to review species, spacing, and placement before the plat is approved. The same section, in its later divisions, covers dedication of parks, schools, and open space within a subdivision, but the tree-planting rule is confined to division (A). Because the rule attaches at the platting stage, it is enforced by the Plan Commission through the preliminary and final plat approval process rather than by a standalone permit or citation; there is no separate fine schedule printed for a violation of division (A) itself, so noncompliance is addressed by withholding or conditioning plat approval.
Violations & Fines
Chapter 155 does not print a dollar penalty specific to § 155.79; the Plan Commission's leverage is plat approval itself. A preliminary plat that omits the required planting plan, or that shows trees planted inside a right-of-way narrower than 50 feet, can be held up or denied until the subdivider corrects the layout, and covenants that omit the required no-planting language can likewise be sent back for revision.
Frequently Asked Questions
Can a subdivider plant street trees in the right-of-way?
What has to be filed before planting right-of-way trees?
Does this rule apply to a tree I want to plant in front of my existing house?
Sources & Official References
Other rules in Kokomo
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