Downey's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Downey, California, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Tree Removal & Heritage Trees

Removing a Downey street tree, City-owned or planted in the public right-of-way, requires a valid Public Works Department permit under Municipal Code § 7623, and only ten enumerated conditions, from disease and structural instability to power-line conflicts, justify removal. A denied request can be appealed to the Director under § 7624, whose decision is final.

Key details: Permit required: Yes, from Public Works Dept. Removal conditions: 10 enumerated grounds in § 7623. Appeal path: To the Director, decision final. Contractor insurance: $2,000,000 minimum coverage. Emergency authority: Director may remove hazard trees anytime.

Removing or permitting the removal of a street tree without the § 7623 permit is unlawful under Chapter 6, and § 7625 separately makes it a violation to let a private-property tree, shrub or plant create a hazard to any public street, park or right-of-way. Contractors who trim or remove parkway trees commercially must also carry at least $2,000,000 in commercial general liability, property damage, auto and workers' compensation coverage on file with the City under § 7622.

Compared to other cities, Downey takes a harder line on tree removal & heritage trees. The enforcement and penalty structure reflects that.

Water Restrictions

Downey caps potable-water landscape irrigation to 7 p.m.-8 a.m., six minutes per irrigation-controller station per cycle, and two designated days a week (October-April) or three (May-September) under Downey Municipal Code § 7350(a). Odd-numbered addresses water Monday/Wednesday/Friday; even-numbered addresses water Tuesday/Thursday/Saturday. Hand-held hoses with shutoff nozzles, drip systems and repairs are exempt from the daily windows.

Key details: Potable hours: 7:00 p.m.-8:00 a.m. only. Duration cap: 6 minutes per station/day. Oct-Apr schedule: 2 days per week. May-Sep schedule: 3 days per week. Odd addresses: Mon/Wed/Fri watering.

Downey enforces Chapter 3.5 through the Administrative Citation process set out in Article I, Chapters 2 and 4 of the Municipal Code, issuing notices of non-compliance and fines under § 7350(f)(3). The City can also install flow-restriction devices or remote-read meters, lower system pressure to curb a customer's usage, or add penalties by Council resolution. Willful water waste under § 7332 lets the Superintendent shut off service until repairs are made.

Tree Trimming

Downey's Urban Forest Management Plan governs street and median tree maintenance. The Director oversees all parkway tree planting, pruning, and removal. Property owners may not trim or remove street trees without authorization.

Key details: Street Trees: City-managed per UFMP. Private Trees: Owner responsibility. Authorization: Required for parkway trees. Master Plan: Street Tree Master Plan (STMP).

Tree maintenance affecting public right-of-way requires coordination with Public Works. Overgrown trees causing safety hazards are subject to code enforcement.

Compared to other cities, Downey takes a harder line on tree trimming. The enforcement and penalty structure reflects that.

Weed Ordinances

Downey caps residential grass at six inches. Municipal Code § 5902 declares a lawn taller than that a prohibited public nuisance, and once the City posts or mails an abatement notice, the owner has to cut it or face a misdemeanor and a City-billed cleanup.

Key details: Height limit: Grass over 6 inches is a prohibited nuisance. Governing section: Downey Municipal Code § 5902(A)(11)(b)(1). Abatement deadline: 30 days before a Notice of Substandard Property. Appeal window: 20 calendar days, filed with the City Clerk. Appeal fee: None.

Maintaining a lawn with grass in excess of six inches after a Notice of Abatement violates § 5902(A)(11)(b)(1). Under § 5903, that is a misdemeanor punishable under the citywide penalty section, § 1200, by up to a $1,000 fine, six months in jail, or both, with each day the condition continues counted as a separate offense; the City may also record a Notice of Substandard Property against the parcel.

Rainwater Harvesting

Downey property owners can install rain barrels and cisterns to catch rooftop runoff for landscape irrigation without a state water-right permit. California's Rainwater Capture Act of 2012 exempts qualifying rooftop rainwater use from the appropriation-permit process under Water Code Section 1201, and Water Code Section 10573 spells out exactly which barrels, cisterns and captured water qualify for that exemption.

Key details: Governing law: Rainwater Capture Act of 2012 (AB 1750). No permit required: Water Code § 10574. Rain barrel definition: No electricity, no pump, not potable-connected. §10574 effective date: January 1, 2013. §10573 amended (SB 985): Effective January 1, 2015.

The exemption is narrow. A system that uses electricity, draws from the potable supply, or captures water that already entered an offsite storm drain or was previously put to beneficial use does not qualify as an exempt "rain barrel system" or "rainwater capture system" under Section 10573. Water reused outside those definitions can still require an appropriation permit under Water Code Section 1201, administered by the State Water Resources Control Board's Division of Water Rights, before use.

If you are coming from a city with tighter rules, you will find Downey gives residents more flexibility on rainwater harvesting.

Artificial Turf

California Civil Code Section 4735 voids any HOA rule in a Downey community that bans or effectively bans artificial turf or low-water landscaping. Associations cannot fine or restrict an owner for installing synthetic turf, and cannot penalize a homeowner for cutting back irrigation during a declared drought emergency, though reasonable design standards are still allowed.

Key details: HOA turf bans: Void and unenforceable statewide. Design standards: HOA may still set reasonable rules. Drought fines: Barred during declared drought emergencies. Recycled water exception: Owner must use available recycled water. Effective date: October 11, 2015 (AB 786).

Any CC&R provision, architectural guideline, or board policy that prohibits or effectively prohibits artificial turf is void and unenforceable the moment it conflicts with Section 4735, so a homeowner can install turf without an HOA approval requirement holding up the installation. If an association fines or assesses an owner for cutting lawn irrigation during a declared drought emergency, that fine is also unenforceable and can be challenged as a violation of the statute.

If you are coming from a city with tighter rules, you will find Downey gives residents more flexibility on artificial turf.

The Bottom Line

Downey's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Downey is broadly strict or permissive.

All of the above reflects Downey's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.