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Apple Valley, MN Tree Protection: Protected Tree Species (2026)

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

Key Facts

Lost significant oak
Replaced by an oak, location set by the city
Oak root zone loss ceiling
No more than 30%, versus 50% for other significant trees
Banned replacement trees
Box elder, poplar, willow and silver maple
Diversity rule for replacements
15-10-5
Chipping size for diseased wood
Pieces no larger than one inch diameter
Compliance deadline after notice
30 days written notice for lost significant trees

Summary

In the City of Apple Valley, Minnesota, oak trees get the code's only species-specific replacement rule: a lost significant oak must be replaced by an oak, placed where the city decides, under Apple Valley Code of Ordinances § 152.46. Box elder, poplar, willow and silver maple are barred as replacements, and ash, elm and oak carry disease nuisance rules in § 152.45.

(B) Size, types, diversification of replacement trees. Replacement trees shall follow the 15-10-5 diversity rule. Box elder, poplar, willow and silver maple are not permitted as replacement trees. ... (F) Violation of natural resources management plan- tree preservation component. The applicant shall comply with the following requirements if any loss of any significant tree, as defined herein, occurs in violation of the city-approved tree preservation component of the natural resources management plan for the subject property: (1) Replace the diameter inches of the significant tree lost with equal caliper inches in accordance with division (B) of this section; and (2) Any loss of a significant oak tree shall be replaced by an oak tree and the location of the replacement oak tree shall be determined by the city.

Full Breakdown

Section 152.46(F) sets what an applicant owes when any significant tree is lost in violation of the city-approved tree preservation component: equal caliper inches replaced under division (B), and for a significant oak, replacement with an oak whose location the city determines. The applicant complies on 30 days' written notice from the city. Section 152.02 protects oaks harder at the root: land-disturbing activity, or soil compaction to 90% of proctor to a depth of six inches, counts as loss of a significant tree at 50% of the critical root zone, but for a significant oak the ceiling is no more than 30%. A significant tree is a healthy deciduous tree of eight inches or greater in diameter or a conifer of six inches or greater, at four and one-half feet above grade.

Section 152.46(B) applies the 15-10-5 diversity rule to replacements and does not permit box elder, poplar, willow or silver maple. Replacements must be healthy stock, deciduous trees two caliper inches or greater and conifers no less than six feet high.

Section 152.45 protects ash, elm and oak from pests. The City Council found that emerald ash borer, Dutch elm disease and oak wilt threaten those trees, and it declared a public nuisance any living or standing elm infected with the Dutch elm disease fungus or harboring elm bark beetles, any red oak infected with the oak wilt fungus, any ash tree harboring emerald ash borer, and any dead ash material with the bark not removed or sprayed. The City Forester inspects premises annually or as often as practicable and can enter private premises at any reasonable time. Abatement means chipping diseased wood into pieces no larger than one inch, removing the bark from portions larger than two inches in diameter or covering them with at least four mil plastic sealed to the ground, or another accepted method with city approval. Transporting infected bark-bearing ash, elm or oak wood within the city is unlawful unless the Forester permits it. The city can bill abatement costs to the owner, and unpaid charges 30 days past the invoice due date go to a special assessment.

Violations & Fines

Section 152.45 is printed with 'Penalty, see § 10.99': a fine up to the misdemeanor maximum in Minnesota Statutes Chapter 609, imprisonment up to that maximum, or both, with each day a separate offense. Letting a diseased tree nuisance remain on property is itself unlawful, and the city can abate it and assess the cost against the property under Chapter 94. A lost significant oak has to be replaced by an oak on 30 days' notice.

Frequently Asked Questions

Which tree species does Apple Valley single out for protection?
Oak has its own replacement rule in § 152.46(F)(2), and oak, ash and elm are the three species covered by the § 152.45 disease and pest nuisance rules for oak wilt, emerald ash borer and Dutch elm disease. Box elder, poplar, willow and silver maple are the species excluded as replacements.
What happens if a significant oak is lost during construction?
The applicant replaces the diameter inches lost with equal caliper inches and must plant an oak in its place, with the city choosing the location. Compliance is due on 30 days' written notice from the city. Root zone loss is measured against a 30% ceiling for oaks, not the 50% used for other trees.
Can I move oak or ash firewood around Apple Valley?
Section 152.45(H) makes it unlawful to transport within the city any infected, bark-bearing ash, elm or oak wood determined to be a nuisance by the Forester. The Forester grants permission only when the purpose of the chapter is served. Dead ash material with bark unremoved or unsprayed is itself a nuisance.
Who inspects for tree disease in Apple Valley?
The City Forester, who is the Public Works Director, or an assignee inspects all premises annually or as often as practicable and investigates repeated incidents of tree disease. The Forester or assignee can enter private premises at any reasonable time, and uses current technical procedures to diagnose disease or infestation.
How must diseased tree wood be handled?
Abatement is ordered by priority. Diseased wood is chipped into pieces no larger than one inch in diameter. Portions larger than two inches in diameter have the bark removed or are covered with at least four mil plastic in a tight seal to the ground until the bark falls off. Other accepted technical methods need city approval.

Sources & Official References

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