Wilmington, DE Tree Protection: Parkway Planting (2026)
Key Facts
- Permit required
- Before any street tree work
- Issuing agency
- Department of Public Works
- Penalty
- $100–$1,000 fine per violation
- Appeal window
- 10 days to tree commission
- Replacement standard
- Minimum 2-inch caliper tree
Summary
Wilmington requires a written permit from the department of public works before planting, removing, pruning, or root pruning any street tree in the public right-of-way, with species and location specified on the permit.
No street tree shall be planted, removed, pruned, or root pruned without obtaining a written permit from the department of public works. Any street tree to be planted shall have first been approved and the place where it is to be planted designated by the department of public works and a written permit granted by the department. No person shall plant any tree of a different species or variety or of a different size or contrary to the specifications as given on the permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Before planting a tree in the city right-of-way, the parkway strip between sidewalk and curb, Wilmington property owners and contractors must get a written permit from the department of public works. The department first approves the species and designates the exact planting spot; planting a different species, size, or location than what the permit specifies violates the code. Removing, pruning, or root-pruning a street tree also requires the same written permit. Denied or approved permits can be appealed to the tree commission within ten days. Violations carry fines of $100 to $1,000 per violation under section 46-36.
Violations & Fines
Planting, removing, pruning, or root-pruning a street tree without a permit, or planting an unapproved species, size, or location, is a misdemeanor: $100 to $1,000 per violation, plus mandatory tree replacement.
Frequently Asked Questions
Do I need a permit to plant a tree in the parkway strip in Wilmington?
What happens if I plant an unapproved tree species without a permit?
Sources & Official References
Other rules in Wilmington
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