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Bellevue, NE Tree Protection: Protected Tree Species (2026)

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

Key Facts

Governing body
seven-member City Tree Board, Ord. 4002
Designation authority
City Council on Tree Board recommendation
Removal requires
City Council approval, not just Tree Board
List location
kept on file with city clerk
Default penalty
up to $500 fine or 6 months jail
Appeal window
10 days, filed with city clerk

Summary

In the City of Bellevue, Nebraska, the City Council may name individual trees "historical trees" on the recommendation of the seven-member City Tree Board created by Chapter 29.5. Once a tree carries that designation, it cannot be cut down without the City Council's own separate approval, and protection runs indefinitely unless the tree later becomes a safety risk.

The city council, upon recommendation from the tree board, may designate certain trees as “historical trees” within the city. The purpose of the historical tree designation is to recognize, foster appreciation of, and protect trees having significance to the community. ... Once a tree is designated as a historical tree it will remain so unless it becomes necessary to classify it as a risk tree and removed as such. Historical trees may not be removed without the approval of the city council.

Full Breakdown

Bellevue Code of Ordinances § 29.5-24 lets the City Council designate trees with "significance to the community" as historical trees, but only after the City Tree Board (seven members, including a certified arborist, appointed by the mayor and confirmed by the council under § 29.5-18) identifies and recommends them. The adopted list of historical trees is kept on file in the office of the city clerk and made available to the public during business hours, and the council can modify that list over time. A historical designation does not expire: the code states a tree "will remain so unless it becomes necessary to classify it as a risk tree and removed as such," the same risk-tree standard the chapter's definitions section (§ 29.5-4) ties to danger from disease, decay, pests, weak unions, or deadwood.

Outside that risk exception, § 29.5-24 is direct: "Historical trees may not be removed without the approval of the city council," a higher bar than ordinary tree work, which the Tree Board can authorize on its own under § 29.5-22. Anyone who obstructs Tree Board staff or agents while they carry out planting, pruning, or removal duties tied to this chapter, including historical-tree work, is separately in violation of § 29.5-27. A person may appeal a Tree Board ruling or order to the City Council, but the appeal must be filed in writing with the city clerk within ten days under § 29.5-28.

Violations & Fines

Chapter 29.5 sets no specific fine for removing a designated historical tree without City Council sign-off, so the citywide general penalty in § 1-11 applies: a fine of not more than $500, imprisonment of up to six months, or both, at the court's discretion, with each day the violation continues counted as a separate offense. Interfering with the Tree Board's agents during related work is independently unlawful under § 29.5-27.

Frequently Asked Questions

Can a homeowner remove a tree Bellevue has designated historical?
No. Bellevue Code § 29.5-24 states historical trees "may not be removed without the approval of the city council," which is a separate step beyond any Tree Board sign-off other tree work might need. The designation lasts indefinitely unless the tree is later reclassified as a risk tree under the chapter's risk-tree standard.
Who decides which Bellevue trees become historical trees?
The seven-member City Tree Board, created under § 29.5-18 and including a certified arborist, identifies and recommends candidate trees. The City Council then adopts and can later modify the official list, which the city clerk keeps on file for public inspection during business hours.
What happens if someone removes a historical tree without council approval?
Chapter 29.5 does not set its own fine for this, so Bellevue's general penalty in § 1-11 applies: up to a $500 fine, up to six months imprisonment, or both, with each additional day treated as a new offense.

Sources & Official References

Other rules in Bellevue

All Bellevue rules

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