Tree Permits and the Public Right-of-Way in Missoula

Who owns the tree between your sidewalk and the curb?

The City of Missoula does. The Urban Forestry Division describes this area as the city right-of-way, generally between the sidewalk and the curb, and trees growing there are managed under the city's urban forestry program rather than by the adjacent property owner. Mowing around it and raking its leaves does not make it yours.

The city is explicit about this even when a resident pays for the tree. Under Missoula's boulevard tree planting permit, a property owner who plants a tree themselves incurs the planting costs with the understanding that the tree is publicly owned and will be maintained under the Urban Forestry program. You can buy the tree and still not own it.

What is a boulevard tree, exactly?

It is the term Missoula uses for a street tree growing in that right-of-way strip. The practical test is location rather than species or who planted it: if the tree stands between the sidewalk and the curb, treat it as a boulevard tree until the city tells you otherwise.

Where there is no sidewalk, the boundary is less obvious from the ground, and the right-of-way may extend further into what looks like your lawn than you would expect. If a tree sits close to the street and you are not certain which side of the line it falls on, that is worth confirming before anyone puts a saw in it.

Do you need permission before pruning or removing a boulevard tree?

Yes; work on a city-owned tree goes through the Urban Forestry Division, and you should contact them before any pruning or removal rather than after. The Division can be reached at citytrees@ci.missoula.mt.us or through the Urban Forestry Tree Inspector at (406) 552-6355.

We are deliberately not reproducing the specific ordinance requirements here, because the exact conditions attached to boulevard tree work are set by city code and can be amended. Confirm the current requirements with Urban Forestry directly; a phone call before the work is much cheaper than the alternative, since damaging or removing a public tree without approval is a matter between you and the city.

How does the boulevard tree planting permit work?

Missoula allows property owners to apply for a permit to plant a boulevard tree themselves. The process starts by emailing the Urban Forestry Division, which triggers a boulevard inspection to confirm the site has adequate soil volume and growing conditions to support a new tree. That inspection matters, a planting strip that is too narrow or too compacted will not grow a healthy tree no matter what goes in it.

Once the site passes, the applicant completes a tree planting permit application and selects a species from the city's Approved Street Tree List. The property owner pays for the planting, and the tree becomes part of the public urban forest.

Why does the city keep an approved street tree list?

Because street trees have to survive a genuinely hostile site, restricted root volume, reflected heat, road salt, utility conflicts overhead and underground, and pedestrians. Species that thrive in a back yard frequently fail on a boulevard, and species diversity across the urban forest also limits how much of the canopy a single pest or disease can take out.

For trees on your own property the list does not bind you, but it is still a useful reference for what performs locally. Our guide to native and water-wise plants for the Bitterroot Valley covers the same reasoning for landscape planting.

What happens when a boulevard tree drops a limb in a storm?

Report it to the city rather than clearing it yourself. Missoula operates a street tree debris removal request specifically for boulevard trees with storm damage, and it is intended for trees in the city right-of-way, generally between the sidewalk and the curb. Using it puts the damage into the city's queue and keeps the responsibility where it belongs.

If a limb has come down on a power line, that is a 911 and utility call first, regardless of who owns the tree. Nobody should approach a downed conductor, and our emergency tree and storm response crews will not enter that space until the utility has confirmed the line is de-energised.

Does any of this apply to trees in your own yard?

The boulevard rules do not. A tree growing entirely within your property lines is yours to prune or remove, and no city tree permit is involved. What can still apply are other requirements unrelated to the tree itself; covenants if you are in an association, and permits for associated construction work.

Where private trees do create obligations is toward your neighbours and the street. A limb from your tree overhanging a sidewalk or blocking a sign is your responsibility, and so is a hazardous tree that fails onto someone else's property. That is the case for keeping an eye on the warning signs of a failing tree rather than waiting for a storm to find them.

Why does the city keep a list of certified arborists?

Missoula publishes a Local Certified Arborists List as a public reference for residents hiring tree work. Certification through the International Society of Arboriculture requires passing an examination covering tree biology, pruning, diagnosis, and safety, and it has to be maintained through continuing education, so it is a meaningful filter rather than a membership badge.

It is worth checking anyone you hire against a credential you can verify independently, whatever list you start from. Our guide to what an ISA-certified arborist is explains what the credential does and does not cover.

What should you do before you hire anyone?

Establish which side of the right-of-way line the tree is on. If it is a boulevard tree, contact Urban Forestry first and let that conversation determine what happens next. If it is yours, confirm that whoever you hire is licensed, insured, and appropriately certified for the work, and get the scope in writing.

If you are unsure which category your tree falls into, we can look at it and tell you, including telling you it is a city tree and you should call them instead. Call HJ Property Care & Tree Service at (406) 493-8300 or request an estimate and we will walk the property with you.

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