Under Sioux Falls Code § 94.038, no person may plant a tree in the public right-of-way (the boulevard/parkway between the curb and sidewalk) without a Street Tree Planting Permit from the City Forester. Only species on the city's approved list may be planted, and no tree may be planted where the parking strip between curb and sidewalk is less than 5 feet wide. Property owners are responsible for maintaining the parkway trees fronting their property.
Authority: Sioux Falls, SD Code § 94.038 (Planting in Public Rights-of-Way) within Chapter 94 (Forestry). The Street Tree Planting Permit is administered by the Parks & Recreation Forestry Division and is free to the property owner; the city additionally offers a $100 voucher per approved tree through the CommuniTree / Street Tree Voucher Program. Key § 94.038 requirements: (a) a permit is mandatory before planting any tree in the ROW; (b) only species on the City Forester's Approved Street Tree List may be planted (typical approved species include hackberry, bur oak, honeylocust, Kentucky coffeetree, northern catalpa, and DED-resistant elm cultivars); (c) the parking strip between curb and sidewalk must be at least 5 feet wide — trees may not be planted in narrower strips; (d) plantings must respect overhead-utility clearance, vision-clearance triangles at intersections, and underground utility setbacks (call 811 before digging). Maintenance responsibility: although boulevard trees are technically public trees, the property owner abutting the parkway is responsible for routine watering, pruning of low branches (clear to 8 feet over sidewalks and 14 feet over streets), and reporting hazards. The city handles structural pruning, removal of nuisance/dead trees (§ 94.015), and EAB management. Commercial tree work over 30 feet requires a Sioux Falls Arborist License (annual list published by Forestry). South Dakota statutory framework: SDCL § 9-29-1 (municipal police power) and SDCL Chapter 9-38 (sidewalks, streets) underpin the ROW management authority; SD has no preemption of municipal ROW tree regulation.
Planting in the ROW without a permit, planting a non-approved species, or planting in a parking strip less than 5 feet wide violates § 94.038 — the City Forester may order the tree removed at the property owner's expense. Damaging or removing a boulevard tree without authorization is a Chapter 94 violation. Failure to maintain sidewalk and street clearance can trigger code enforcement action under Chapter 96 (Streets and Sidewalks). Unlicensed commercial tree work over 30 feet violates the city's Arborist License requirement.
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