Cleveland, OH Tree Protection: Protected Tree Species (2026)
Key Facts
- Governing sections
- Cleveland Codified Ordinances §§ 509.16-509.17
- Diseases covered
- Dutch Elm disease and Elm Blight (Phloem Necrosis)
- Enforcing official
- Commissioner of Shade Trees
- Private-tree removal deadline
- 5 days after notice
- Public tree action
- Immediate removal and burning
- Unpaid cost recovery
- Property assessment after 30 days
Summary
Cleveland Codified Ordinances §§ 509.16-509.17 target Dutch Elm disease and Elm Blight specifically, giving the Commissioner of Shade Trees power to inspect any suspect tree and order it removed and burned. Public trees are destroyed immediately; private owners get only 5 days' notice before the City removes the tree and bills them.
Council finds and determines that the Dutch Elm disease and the virus disease Phloem Necrosis commonly known as Elm Blight threaten shade trees in the streets and public grounds and places of the City, and that in order to preserve such trees it is necessary to discover and control these diseases. ... If such tree is located on private property, the Commissioner shall immediately serve upon the owner of such property a written notice that such tree is so infected and that the same must be removed and burned under the supervision of the Commissioner within five (5) days of the service of notice.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).
Full Breakdown
16 records Council's finding that Dutch Elm disease and the virus disease Phloem Necrosis, known as Elm Blight, threaten shade trees in Cleveland's streets and public grounds, and that discovering and controlling these diseases is necessary to preserve the City's trees. 17 then authorizes the Commissioner of Shade Trees to inspect any tree in the City reported or suspected to be infected with either disease. If a public tree tests positive, the Commissioner must immediately remove and burn it to contain the outbreak. If the infected tree sits on private property, the Commissioner must serve the owner written notice that the tree is infected and must be removed and burned under the Commissioner's supervision within 5 days; if the owner can't be found, the notice is posted on the tree itself.
An owner who doesn't remove and burn the tree within that 5-day window has it removed and burned by the Commissioner anyway, with the cost reported to the owner (if locatable) and to Council; unpaid costs after 30 days can be assessed by Council the same way other nuisance-abatement costs are assessed against the property. S. Department of Agriculture Station, and the Commissioner's action awaits that report. Unlike the general Chapter 509 tree offenses, these three sections are species-specific, targeting only elms rather than street trees generally.
Violations & Fines
Failing to remove and burn a privately-owned infected elm within the 5-day notice period does not carry a separate statutory fine; instead, the Commissioner removes and burns the tree directly and bills the owner for the cost, which Council can assess against the property after 30 days if unpaid, using the City's standard nuisance-abatement assessment process.
Frequently Asked Questions
Does Cleveland require removal of diseased elm trees?
How long do I have to remove an infected elm on my Cleveland property?
What happens if inspectors can't confirm my Cleveland tree has Dutch Elm disease?
Sources & Official References
Other rules in Cleveland
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