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Wayne County, IN Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing body
Wayne County Board of Commissioners
Enforcing office
Wayne County Plan Commission
Spacing required
40 to 60 feet apart
Placement
Both sides of each street
Species source
County Agricultural Agent's list
Applies in
Unincorporated Wayne County subdivisions

Summary

In unincorporated Wayne County, Indiana, new subdivisions must plant street trees on both sides of every street, spaced 40 to 60 feet apart and chosen from a list the County Agricultural Agent recommends. The Plan Commission decides exactly where in the right-of-way each tree sits before the plat gets final approval.

These county ordinances apply to unincorporated areas of Wayne County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) The subdivider shall provide street trees selected from a list of trees recommended by the County Agricultural Agent. Such trees shall be located on both sides of each street at intervals of from 40 to 60 feet. (B) The position of such trees within the street right-of-way shall be determined by the Commission.

Full Breakdown

Wayne County Code § 155.162, part of the subdivision control ordinance administered by the Plan Commission, puts street tree planting on the subdivider, not the county, whenever a new plat is developed in unincorporated Wayne County. The subdivider must select trees from a list the County Agricultural Agent recommends and space them at intervals of 40 to 60 feet on both sides of each street. That spacing rule is a hard number, not a guideline: the Commission reviews the planting plan and sets the exact position of every tree within the street right-of-way as part of plat approval under § 155.161 through § 155.164.

The same subchapter requires the subdivider to grade and seed or sod any unpaved right-of-way area (§ 155.163) and to pay for street identification signs at every intersection (§ 155.161), so tree placement is one piece of a broader off-street improvements package the Commission signs off on before a plat records. Because this sits in Chapter 155 SUBDIVISIONS rather than Chapter 156 ZONING, the duty attaches at the time a new subdivision is platted; it does not create an ongoing maintenance mandate for trees planted decades ago under earlier versions of the code.

Developers working outside a platted subdivision, or inside Richmond, Centerville, Cambridge City, Hagerstown or any other incorporated town, fall outside this county provision entirely and should check that municipality's own code instead.

Violations & Fines

The county code does not print a stand-alone dollar penalty specific to § 155.162; instead the planting requirement is enforced through the Plan Commission's plat approval process under § 155.161 through § 155.164, meaning a subdivision plat that omits required street trees or misplaces them against the Commission's determination is not accepted for final approval or recording. Developers should resolve spacing or species questions with the Plan Commission before submitting construction plans.

Frequently Asked Questions

Who picks which trees get planted along a new Wayne County subdivision street?
The subdivider selects the trees, but only from a list of species the County Agricultural Agent recommends under § 155.162(A). The subdivider cannot plant any tree species it prefers; the Agricultural Agent's recommended list controls the choice before the Plan Commission will sign off on the plat.
How far apart must street trees be spaced in unincorporated Wayne County?
Section 155.162(A) sets the interval at 40 to 60 feet, with trees required on both sides of each street in the subdivision. The Plan Commission then determines the exact position of each tree within the right-of-way under § 155.162(B) before approving the plat.
Does this rule apply inside Richmond or Centerville?
No. This is Wayne County Code Chapter 155, which governs subdivisions in unincorporated Wayne County only. Richmond, Centerville, Cambridge City, Hagerstown and the county's other incorporated towns administer their own separate subdivision and zoning codes.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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