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Marion, OH Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit issuer
City Engineer, written permit required
Area covered
Tree lawn, street lawn, or area between sidewalk and curb line
What is regulated
Planting any tree or shrub
Fee
Per fee schedule kept in the City Engineer's Office
Penalty
Fine of not more than $50 (§ 905.99)
Continuing violation
Each successive day is a separate offense

Summary

In the City of Marion, Ohio, no one can plant a tree or shrub in the tree lawn, the street lawn, or the area between the sidewalk and the curb line on any street without a written permit from the City Engineer. The permit comes with a fee taken from the schedule kept in the City Engineer's Office.

No person shall plant any tree or shrub within the tree lawn, street lawn or that area located between the sidewalk and the curb line on any street without first obtaining a written permit to do so from the City Engineer and paying the fee as required as set forth upon the fee schedule maintained within the City Engineer’s Office.

Full Breakdown

Section 905.01 of the Marion Codified Ordinances covers every street in the City of Marion, Ohio, and it uses three labels for the same strip of ground: the tree lawn, the street lawn, and the area located between the sidewalk and the curb line. Planting a tree or a shrub in that strip is the regulated act. The section carves out no exception for the owner of the adjoining lot, so the permit requirement reaches a homeowner who wants a shade tree in front of the house just as it reaches anyone else.

Two steps come before the first shovel goes in. First, the person must obtain a written permit, and the only issuing officer the section names is the City Engineer. Second, the person must pay the fee set forth upon the fee schedule maintained within the City Engineer's Office. The ordinance prints no dollar figure for that fee, so the amount is whatever the schedule in that office shows when you apply. The history note to the section shows it was adopted by Ord. 7228, passed 10-14-63, and amended by Ord. 2001-154, passed 12-26-2001.

The rule sits in Chapter 905, the Trees chapter of Part Nine, the Streets and Public Services Code. Chapter 903 separately requires a permit to install or disturb a street pavement, sidewalk, curb, gutter or driveway, and Chapter 901 governs excavations, so a project that also touches the sidewalk or curb needs to be checked against those chapters too. The statutory references printed at the end of Chapter 905 point to R.C. § 715.20, on the power to regulate shade trees and shrubbery, and R.C. § 727.011, on assessments for tree planting or maintenance.

Violations & Fines

A violation of § 905.01 is punished under § 905.99. Whoever violates any provision of Chapter 905 is fined not more than $50, and each successive day the violation continues counts as a separate offense. Section 905.01 itself closes with the cross-reference 'Penalty, see § 905.99.' Because every day is its own offense, a tree left in the street lawn without a permit keeps adding exposure until the permit is obtained.

Frequently Asked Questions

Do I need a permit to plant a shrub in the strip between my sidewalk and the curb in Marion, Ohio?
Yes. Section 905.01 says no person shall plant any tree or shrub within the tree lawn, street lawn or the area between the sidewalk and the curb line on any street without first obtaining a written permit from the City Engineer. The rule names shrubs as well as trees, so a small planting is covered the same way.
Who issues the planting permit and what does it cost?
The City Engineer issues the written permit. The applicant pays the fee shown on the fee schedule maintained within the City Engineer's Office. Section 905.01 does not print a dollar amount, so ask that office for the current figure before you plant.
What is the penalty for planting in the street lawn without a permit?
Section 905.99 sets a fine of not more than $50 for violating any provision of Chapter 905. It also says each successive day the violation continues is a separate offense, so the exposure grows for as long as the planting stays unpermitted.
Does the same chapter cover trimming the tree once it is planted?
Yes. Section 905.02 requires the owner or occupant of the lot to keep a clear height of seven feet between the lowest branches and the sidewalk, and to trim or remove dead, decayed or broken growth. Sections 905.03 through 905.05 set the notice and cost-recovery steps the city follows.

Sources & Official References

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