Private Tree Removal FAQ

Q: What law, statute or ordinance allows the Park Board to inspect and condemn trees on private property?

A: The MPRB’s authorization within the City of Minneapolis is provided for in Minnesota Statute Chapter 18G.13 Local Pest Control, Minnesota Statute Chapter 429.101 (Unpaid Special Charges may be Special Assessments), and MPRB Code of Ordinances Chapter 10 – Trees and Vegetation.

Q: How long have these laws and statutes been in place?

A: Since the Park Board was founded in 1883, it has had authority over parks and trees in Minneapolis, either by law or by Minneapolis City charter. In 1969, the State legislature enacted a specific law stating the Park Board’s responsibility for the surveillance and control of pests and disease. In 2009, MPRB ordinances were updated in preparation for private trees being infested with Emerald Ash Borer.

Q: Why does the Park Board condemn and remove trees on private property?

A: These trees are condemned and removed if they are:

• Infested with an invasive species like Emerald Ash Borer (EAB)
• Infected with an invasive disease like Dutch Elm Disease (DED)

Q: Who determines that a tree is diseased or infested and needs to be condemned? What are their qualifications?

A: MPRB Forestry staff includes tree inspectors, who determine whether a tree displays the symptoms that require condemning the tree for removal. Tree inspectors are licensed through the Minnesota Department of Natural Resources and certified through the International Society of Arboriculture.

Q: How do tree inspectors determine that an ash tree is infested with emerald ash borer (EAB) without testing?

A: Tree infestation by an insect like EAB is different from a tree with a disease caused by a bacteria or fungus. There is no test for EAB, so tree inspectors rely on visual signs of EAB beetles or larvae. Signs of infestation may include:

• Dead or dying leaves near top or sides of tree
• Stripped bark or lighter-colored areas of bark, caused by woodpeckers looking for larvae
• Small (1/8”) D-shaped holes where adult beetles emerge from infested tree

See images of EAB-infested trees and more information on EAB, from MN Department of Natural Resources

Q: How does MPRB notify property owners that a tree(s) on their property is diseased or infested and needs to be condemned?

• Tree inspectors mark diseased or infested trees that require removal.
• Tree inspectors leave a door-hanger flyer outside the home or building on the property, with information on the marked tree and noting that details will be sent to the property owner.
• MPRB’s Forestry Department sends a letter through the U.S. Postal Service to the property owner’s address, using information from the Hennepin County property information database.
• Information includes options and timeline for tree removal: Property Owners have 23 days to remove diseased elms and 60 days to remove infested ash trees.

Q: Why does MPRB have to remove a diseased or infested tree? Why can’t a property owner just leave it be?

A: The City of Minneapolis is considered a “Generally Infested Area” (along with surrounding areas), as shown on the Minnesota EAB Distribution and Quarantine Map from the MN Department of Agriculture. The current choices in these areas are to either treat trees – success depends on the extent of the infestation – or removal.

As seen throughout the country, EAB kills all ash trees over a short span of time. In addition, once an infested tree has died it dries out and becomes hazardous within months. Hazardous trees are more difficult and more costly to remove.

Q: It seems like every year, MPRB tree inspectors find another EAB-infested ash tree on my property that needs to be condemned. Why is that?

A: Inspectors only mark and condemn ash trees showing signs of EAB infestation. EAB infestations take time and do not follow a predictable pattern. An ash tree that appears healthy one year may shows signs of infestation the next year, or it may take longer. In some cases, multiple ash trees may become infested all at once.

MPRB advises all property owners to identify ash trees on their property and make plans for treatment and/or removal. By 2023, all ash trees in Minneapolis were likely already  infested but may not be displaying the tell-tale symptoms.

Q. How does MPRB contract for tree removals on private property?

A: Once a tree is condemned, MPRB solicits bids for its removal from licensed tree care companies that have a contract with MPRB. Those contractors visit the site to determine their bid and submit it to MPRB. MPRB mails all bids it receives for a property to the property owner, who can compare them with bids they may have received on their own.

Q: What factors determine the cost for removing a tree?

A: The primary factor is the time it will take to remove a tree, based on its location, size, and access.

Bids from different contractors to remove the same tree can vary, sometimes significantly. Also, a contractor hired by MPRB will not necessarily charge less than one hired by a property owner.

Q: What are “Regular Bid” or “Special Bid” trees?

A: MPRB formerly used these terms to distinguish trees that can be readily accessed and removed with typical equipment (“regular bid”) and trees that are more difficult to access and may require special equipment like a crane or bucket truck (“special bid”). Accessing backyard trees may be challenging because power lines and narrow alleys make it difficult to maneuver equipment like a crane and bucket truck.

Q: Does the MPRB inflate the contractor’s cost for tree removal when it bills property owners?

A: Billing notices for property owners only include fees for:

• The contractor’s fee for tree removal
• $80 fee to cover MPRB administrative costs
• Sales tax

Q: What do I do if the MPRB contractor damages my property when removing a tree?

A: The contractor is responsible for rectifying damage if it occurs. Property owners should first notify MPRB Forestry Customer Service (612-313-7710 or forestry@minneapolisparks.org), who  will work with the contractor to rectify the issue; file a complaint for damage: [insert jot form link].

Q: What if I can’t remove the ash tree within the specified time period?

A: Property owners may contact Forestry customer service (612-313-7710 or forestry@minneapolisparks.org)  with questions about their specific removal deadline.

Q: What are options for treating EAB-infested trees, and why hasn’t MPRB shared information on treatment?

A: It is important to note that once a tree has shown signs of EAB infestation, it may be too late for successful treatment with pesticides. At their own expense, property owners may hire a City of Minneapolis-approved licensed tree contractor to apply pesticide or purchase an pesticide to treat it themselves.

Q: What happens if I choose a pesticide treatment for a condemned tree?

A: Property owners must notify MPRB about their decision; otherwise, MPRB will hire a contractor to remove the tree (see “No response from property owner”). Once notified, MPRB extends the deadline for removing the infested tree for as long as the treatment is effective, and inspectors return periodically. Once an inspector determines that the treatment is no longer effective and the infestation is progressing, the condemnation process resumes.

Treating an infested tree in the short term may be less expensive  than removing it. However, MRPB stresses that over time, the efficacy of treatments wears off  and there is no guarantee that it will prevent the  need to remove the tree in the future. If treatments stop, the tree is just as vulnerable to EAB as it was before .

Q: Why did MPRB not inform  property owners about treating ash trees, and why is it sharing information now?

Treating EAB-infested ash trees has not been prohibited; however, MPRB did not formally inform property owners about treatment due to City of Minneapolis Resolution 2010R-268, on avoiding pesticide treatment of ash trees. On November 10, 2023, the City of Minneapolis replaced that resolution with an update, Resolution No. 2023R-333, that considers choice, equity, and transparency in dealing with the EAB infestation.

Q: What should homeowners consider when determining if they should treat an ash tree on their property?

To assist property owners the MPRB has created Treating Private Ash Trees: Pertinent Facts & Information to Consider (see below). Information is also available from the Minnesota Department of Agriculture and the Minnesota Department of Natural Resources.

Emerald Ash Borer kills ash trees
Emerald Ash Borer (EAB) kills ash trees when the larva (immature beetle) eats the inner bark of the tree. This disrupts the tree’s circulatory system for transporting food and water. As a result, an infested tree will die within 2 to 5 years. Millions of ash trees in the U.S. have been killed by EAB since it was first discovered.

Treatment is an option
There is nothing that prevents property owners from treating their private ash trees for EAB. An EAB infested ash tree may be saved by treatment if the infestation is caught early and the tree is otherwise healthy. However, once an infested ash tree has lost about 30% or more of its leaf canopy, it has become very compromised and is unlikely to survive even with treatment. By the time the MPRB has condemned a private infested tree, it is often past the point where treatment will be successful.

Hire a professional
The best way to treat a private ash tree is to hire a company that is a Licensed Tree Service Contractor with the City of Minneapolis. Trees should be treated by injecting the insecticide into the trunk. This places the insecticide into the tree’s circulatory system which kills the feeding larva. Treatments need to be repeated every 2 to 3 years because the effectiveness of the insecticide eventually wears off. Cost is based on the trunk diameter size of the tree.

Treatment is not guaranteed
Property owners should be aware that there are companies that will treat private ash trees even when the chance of success is extremely low. EAB was first found in Minneapolis in 2010. Because the population of EAB has been growing since then, all of Hennepin County is under a high level of pest pressure. This means that it is highly likely that every ash tree in Minneapolis is infested with EAB.

There can be an environmental risk
It is important to know that any treatment with pesticides poses an environmental risk to pollinating insects, even when done by trunk injection. To minimize this risk, treatment should never be by soil drench or trunk spray. These methods pose the greatest environmental risks to pollinating insects because they are not contained within the tree.

Notify the MPRB
If a property owner has been notified by the MPRB that their private ash tree has been condemned due to an infestation of EAB, they must notify the MPRB if they intend to treat their tree. The MPRB will extend the removal deadline to allow time to see if the treatment is effective. The condemnation process will only resume if the treatment is determined not to be effective.

Licensed Tree Service Contractor with the City of Minneapolis

Q: Why can’t the Park Board pay for the removal of the private trees it condemns?

MN Statute 18G.13 states that the private property owner is responsible for costs associated with diseased or infested tree removal. Public funds cannot be used to pay for private tree removal.

Q. What if I can’t afford to pay for tree removals on my property?

MPRB recognizes that paying for tree removal can cause financial hardship for some property owners. If the removal cost can’t be paid in full, part or all of the cost is added to the owner’s annual property taxes as a special assessment over a 5-year period.

Homestead property owners experiencing financial hardship can extend that period to 10 or 20 years; another option, for homestead property owners who qualify, is to defer payment of the special assessment. MPRB’s $80 administrative fee can be waived for these options.

Information on these options is below. The MPRB Finance Department includes this financial hardship information (in English, Hmong, Somali and Spanish) with billing/payment information that is sent to property owners following tree removal.

Financial Hardship: Special Assessment Deferral

This option is available to homestead property owners experiencing hardship who meet one of the following criteria from Hennepin County:

• • • • Persons aged 65 or older
      • Persons retired due to a permanent and total disability
      • Military reservists on active duty

The tree-removal assessment is not forgiven; it is deferred (or postponed). The assessment is levied, a lien is placed against the property and the unpaid balance accrues interest until paid. Full payment is required when the property is either sold, is no longer “homestead” status, or the hardship disappears.

Financial Hardship: Levy the assessment over a 10- or 20-year period

Any homestead property owner experiencing hardship can choose to levy the assessment over a 10- or 20-year period rather than the standard 5-year period.

The tree-removal cost is levied against the property and collected through Hennepin County as a special assessment on its annual property tax statement, with an interest factor added. In levying the assessment over 10 or 20 years instead of 5 years, a property owner pays a lower amount annually and a higher amount in total interest. Interest is based on the special assessment bond rates.

Q: How do I object to or appeal the assessment for removing a tree on my property?

MPRB notifies property owners of an annual public hearing, held during a Board meeting, for residents to object to proposed assessments or begin an appeal process.

The hearing is scheduled prior to the levy of assessments. Property owners can submit an objection to the proposed assessment in person or in writing.

If a property owner is intends to formally appeal to the district count, a written objection to the assessment, signed by the private property owner, is required to be submitted to the Secretary to the Board, Mayor, and/or City Clerk prior to or during the public hearing.  This provides the Board with the opportunity to address the objection prior to the levying of the assessments and prior to the filing of an appeal to the district court.

The reference to the Mayor and City Clerk is provided because the MPRB is a discrete component unit of the City of Minneapolis. This means residents have several options to file the legal written notice of appeal, either with the Secretary to the Board, Mayor, and/or City Clerk. If received by the Mayor or City Clerk, the City would in turn send the notice to the MPRB.

If the assessment is levied by the Board by formal resolution the private property owner has the right to appeal the assessment to the District Court under state law.

The private property owner has 30 days from the date the formal resolution was passed to provide written notice of the intent to appeal the assessment through District Court, once that notice has been given, then the resident has 10 days to do the actual filing with Hennepin County District Court.

Note to homestead property owners experiencing financial hardship: It is important to select the available financial hardship option that works best prior to the levying of the assessment (see section above: “Payment for tree removal and financial hardship options”). If the appeal is not successful, the property owner remains responsible for the assessment.

Q: What is MPRB doing about the disproportionate impacts of private tree removal costs on BIPOC, senior, and low-income Minneapolis homeowners?

MPRB continues to work with partners and search for federal and state grants and philanthropic entities to give affected homeowners financial relief. Current work includes:

1. September 2023: $8 million in federal grant funds awarded to the Minneapolis Health Department (MHD) from the Urban and Community Forestry Program at the U.S. Department of Agriculture (USDA).The grant will be used for removing trees on private property infested with emerald ash borer and focus on alleviating the financial burden faced by low-income homestead property owners residing within census tracts defined as “disadvantaged” by the White House Council on Environmental Quality and its Climate and Economic Justice Screening Tool. These grant funds are only available for future tree removals; they cannot be used retroactively for trees already removed. The start date of the grant has not yet been determined; additional information will be posted when it’s available.
2. December 1, 2023: $500,000 donation to MPRB from the Margaret A. Cargill Fund of the Saint Paul Minnesota Foundation. These funds are to be used to assist homestead property owners that:
   • • Have tree-removal assessments that are currently pending (not yet levied to Hennepin County property taxes).
     • Have tree-removal assessments that become pending between November 1, 2023, and the start of the federal grant assistance listed above.
     • Are located in the City of Minneapolis and within census tracts defined as “disadvantaged” by the White House Council on Environmental Quality and its Climate and Economic Justice Screening Tool (the same tracts noted for the federal grant above)

   MPRB will contact qualifying homestead property owners to notify them that it has paid the tree-removal assessment using these grant funds.
   Any funds remaining would be considered for retroactive relief for homestead property owners located in the same City of Minneapolis census tracts, but with assessments that were levied in 2022. Availability of these funds would be communicated broadly and distributed utilizing a needs-based application process.

3. December 6, 2023: MPRB pauses some contracts for tree removals on private property, per Commissioners’ vote on Resolution 2023-232.
   The pause applies to homestead properties in areas of Minneapolis whose owners may be eligible for funds from the $8 million federal grant (see #1 above), and will remain in effect until terms of that grant are finalized (expected in early 2024).

Q: How many ash trees are on private property in Minneapolis?

A: We do not know. In 2013, MPRB attempted to estimate the number of ash trees on private property.  However, without a reliable source if information the MPRB will not estimate numbers of any private trees moving forward.

Q: How many trees on private property have been condemned, assessed, and levied in the past 20 years?

A: Since 2001, there have been approximately 38,000 condemnations of private trees.

Of those 38,000, more than 15,000 have not been removed by the owner (almost 40%). Of those 15,000-plus trees condemned and removed by the MPRB, approximately 8,000 have been levied to property owners as special assessments.

Q: In what areas of Minneapolis are those trees located?

A: Trees have been condemned on private properties in all 83 neighborhoods across Minneapolis.

Q: In 2022, were North Minneapolis homeowners having more private trees condemned than other parts of Minneapolis?

A: Yes. In 2022, MPRB tree inspectors found many diseased and infested trees in North Minneapolis, due to several reasons:

• In 2021 MPRB tree inspectors condemned a much larger number or private trees in South and Southwest Minneapolis than in North Minneapolis.
• From 2017 to 2022, private tree condemnation has been equally spread throughout Minneapolis.
• It’s possible that North Minneapolis has a higher number of ash trees on private property compared to other tree species. However, MPRB does not inventory tree species growing on private land. This possibility is based on higher numbers of ash trees that were planted on public land in North Minneapolis; in MPRB’s general experience, the type and ratio of trees planted on private land is similar to those planted on public land.