Duluth, MN Tree Protection: Protected Tree Species (2026)
Key Facts
- Protected species
- 10 native species listed by name
- View-clearing bar
- No removal approval, ever
- Development bar
- 20 in. DBH removal barred absent findings
- Definition section
- § 35-26(i)
- Removal work
- Licensed contractor, inspector-supervised only
Summary
In the City of Duluth, ten native tree species, including white and Norway pines, white cedars, white spruces, eastern hemlocks, sugar maples, American basswoods, American elms, yellow birches and all oak species, get extra legal protection as 'special tree species' under Duluth Legislative Code §§ 35-26 and 35-29.1. The tree inspector cannot approve removing one of these trees from public property to open up a private view.
(i) Special tree species. White pines, red or Norway pines, white cedars, white spruces, eastern hemlocks, sugar maples, American basswoods, American elms, yellow birches and all oak species; ... The tree inspector shall not approve the removal of trees identified as special tree species under the authority of this Section;
Full Breakdown
Section 35-26(i) of the tree ordinance names the ten protected species by definition, tying that list to the rest of Chapter 35's tree-protection scheme. 1, the view-clearing process that lets a property owner apply to the tree inspector for permission to remove public-property vegetation blocking a private view of Lake Superior, the Duluth-Superior Harbor or the St. Louis River or Estuary. The tree inspector can normally authorize removing enough vegetation to restore a view once it is more than 50 percent obstructed, after meeting the applicant on site and giving adjacent owners at least ten days' notice of that site visit.
But the statute carves special tree species out of that authority entirely: the tree inspector shall not approve the removal of trees identified as special tree species under the authority of this Section, no matter how badly they block a view. 9 bars removing any special tree species once it reaches 20 inches DBH on a development site absent a specific staff hazard, safety or infeasibility finding. 1(e).
Violations & Fines
A tree inspector who approves removing a special tree species for view clearing exceeds their authority under § 35-29.1(d); a resident who removes or damages a protected species without authorization faces the same misdemeanor, civil-penalty and damages liability set out in § 35-33 for public-property vegetation.
Frequently Asked Questions
Which tree species are specially protected in Duluth?
Can I get a protected tree removed from city property because it blocks my lake view?
Does protected-species status apply on private development sites too?
Sources & Official References
Other rules in Duluth
Compare Duluth to another location·View the Minnesota tree protection overview
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