Do you need a permit?
No permit required for most private trees
South Bend answers this in the ordinance itself. The tree article "shall not apply to the sodding, seeding and maintenance of lawns or the maintaining, planting and removal of trees and shrubs within the boundary or property lines of the lots abutting upon the public streets." What the permit does cover is the tree lawn — the grass strip between the sidewalk and the curb. That permit is free and you get it by calling Forestry. There is a real catch even for a back-yard tree: whoever you hire needs a South Bend arborist license.
What's protected in South Bend
- Tree lawn trees — the strip between the sidewalk and the curb. Permit required to plant, trim or remove.
- Trees in public streets, alleys, parks and other public places, under the Board of Park Commissioners
- Dead, diseased or hazardous trees anywhere in the city — a duty to remove, not a permission to remove
- Species banned from the tree lawn, including boxelder, silver maple, paper birch, ash, female ginkgo, Osage orange, white poplar, cottonwood, Lombardy poplar, black locust, willow, mountain ash, black walnut and conifers
How to apply in South Bend
- 1
This applies only to a tree lawn tree. Call Forestry at 574-299-4766.
- 2
The City Forester evaluates the tree and the tree lawn area, then recommends for or against the permit.
- 3
If approved, the permit is mailed to the property owner.
- 4
Permits are good for one year.
- 5
You may do the work yourself or hire a licensed arborist.
Fees, penalties, and the ordinance
- Fee
- Free. The city's 311 Knowledge Center states "There is no fee for tree permits."
- Penalties
- The city's violation schedule lists tree and lawn area regulations (Sec. 19-17) at $15.00. Failure to comply with a Board or Superintendent of Parks order falls under the general penalty at Sec. 1-23: "a fine not exceeding two thousand five hundred dollars ($2,500.00)," with every day a separate offense. Costs of city-performed work become a lien on the abutting lots.
- Ordinance
- South Bend Municipal Code Chapter 19 — Trees and Vegetation (scope limit at Sec. 19-2, Board jurisdiction at Sec. 19-9, permission required at Sec. 19-11, hazardous trees at Sec. 19-19). Arborist licensing is separate, at Sec. 4-19.
Worth knowing
- The licensing rule catches people out. Sec. 4-19(a): "No person shall engage in the business of planting, removing, trimming or spraying trees or shrubs within the City without first obtaining an annual arborist's license." That is citywide, not just public property — so your back-yard removal is unregulated but your contractor is not. Venues Parks & Arts publishes a roster of licensed arborists.
- You are responsible for the tree lawn tree even though the city controls it. The city's 311 answer: "Property owners are responsible for all trees on their property, including the tree lawn area." The same goes for trees in the alley.
- Forestry inspects private trees and mails enforcement letters when a tree needs trimming or removal. Appeals are by hardship, by phone to 574-299-4766. Sec. 19-19(b) gives you not less than ten days.
- The forester will only assess a tree on private property if he has access, and cannot enter without the homeowner's permission.
- Overhanging limbs from a neighbor's tree are a civil matter. Indiana law lets you trim to the property line.
- After a storm, the city clears trees and limbs that are down up to the property line. Anything not in the public right-of-way is yours.
- Overhanging trees must be trimmed to a clear space of ten feet above the curb, whether the tree is on the tree lawn or on the abutting lot.
- Street trees are required for new construction under the zoning code — a planting obligation on new builds, not a removal restriction on existing homes.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — Whether the separate South Bend Zoning Ordinance contains a tree-preservation clause. Municode carries only a stub pointing to a Laserfiche system that blocks automated access, so we could not read the form-based code in full. The city's own forestry and 311 pages both say permits are tree-lawn-only, without qualification.
- — Whether a Certificate of Appropriateness in a local historic district covers tree removal. If your property is in one, call the Historic Preservation Commission at 574-235-9371.
- — Dollar amounts the city bills back for forestry work — the 311 fee article leaves the amount fields blank.
- — Whether the tree lawn permit can be requested online. Only a phone number is published.
- — A contradiction inside the code: Sec. 19-2 says the article does not reach trees inside private property lines, while Sec. 19-9(2) gives the Board authority over dead and diseased trees "wherever located within the City." The city's published guidance reconciles these as a power to order removal of hazards, not a permit requirement for a healthy tree of your own — but the two sections do sit in tension.