How Tempe Handles Landscaping Rules: A Practical Guide

Tempe maintains 149 local ordinances across all categories, and 5 of those deal specifically with landscaping rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Tempe falls on the strict-to-permissive spectrum compared to other cities.

Water Restrictions

Tempe bans wasting water on landscaped property under General Code Section 33-121, and Section 33-122 spells out the irrigation failures that count as waste: broken spray or bubbler heads, leaking drip lines, and unmaintained automatic timers. There is no assigned watering-day schedule; instead Public Works cites and escalates against any sprinkler, drip or misting system that lets water run off the property or into the street.

Key details: Core prohibition: No wasting water, § 33-121(a). Irrigation failures listed: Broken spray/bubbler/drip lines, § 33-122. 1st violation: Verbal notice only, § 33-125. 3rd violation: 25% bill surcharge, § 33-127. 4th violation: 50% bill surcharge, § 33-128.

A first offense gets a verbal warning only; real money starts at the third offense within twelve months, when Tempe adds a surcharge of 25 percent of the meter's average six-month bill, rising to 50 percent on a fourth violation. Beyond that, the City can shut off service entirely and charge two and one-half times the standard fee to reconnect. All surcharges and penalties are capped at $2,500 per violation per day under Section 33-133.

Weed Ordinances

Tempe caps weeds, uncultivated growth and tall grass at 12 inches on any property where the landscaping is visible from public property. City Code § 21-3(b)(8) also targets substantially dead landscaping, dead trees and stumps, and palm trees with dry fronds hanging more than 8 feet below the lowest living frond.

Key details: Governing section: Tempe City Code § 21-3(b)(8). Max weed/grass height: 12 inches. Palm frond rule: Dry fronds capped at 8 ft below live growth. Trigger: Visible from public property. Max fine: $2,000/day per property.

A weed violation under Section 21-3(b)(8) is enforced as a civil sanction under Section 21-42, with fines set by the City Council's schedule and capped at $2,000 per day per property, plus a $50 default fee for skipping the court date. The City may instead pursue a Class 1 misdemeanor. Each day the growth stays above 12 inches after the compliance deadline counts as a separate violation.

Tree Trimming

Tempe requires property owners to trim trees that overhang public rights-of-way to maintain clearance for pedestrians and vehicles. Trees on private property must be maintained to prevent hazards. City-owned trees are maintained by the Parks department.

Key details: Sidewalk Clearance: 8 feet minimum. Street Clearance: 14 feet minimum. Responsibility: Property owner for private trees. Public Trees: Maintained by Parks department.

Property owners who fail to maintain required clearances may receive notices from code enforcement. The city may trim overhanging branches at the owner's expense if not corrected within the compliance period.

Tree Removal & Heritage Trees

Trees on private residential property in Tempe can generally be removed without a city permit unless they are protected native species under ARS 3-901. Protected species (saguaro, palo verde, ironwood) require an Arizona Department of Agriculture permit. City street trees cannot be removed by residents. New development must include tree preservation in landscape plans.

Key details: Private Non-Protected: No city permit generally needed. Protected Native: AZ Dept of Agriculture permit required (ARS 3-901). City Street Trees: Cannot be removed without authorization. Neighbor's Trees: May trim branches to property line. Development: Landscape plan must address existing trees.

Unauthorized removal of protected native plants carries state penalties up to $100,000. Removing city street trees may require replacement at the owner's cost.

Native Plants

Tempe encourages native and desert-adapted landscaping. Arizona's Protected Native Plant Law (ARS 3-901) protects saguaro, palo verde, ironwood, and other native species from removal without state permits. Tempe's development standards require desert-adapted plants in new construction landscape plans. The city supports water conservation through xeriscape design.

Key details: State Law: ARS 3-901 (Protected Native Plant Law). Protected Species: Saguaro, palo verde, ironwood, barrel cacti. New Development: Desert-adapted plants required in landscape plans. Xeriscape: Encouraged for water conservation. Removal Penalty: Up to $100,000 for unauthorized native plant removal.

Removing protected native plants without a state permit is a violation with fines up to $100,000. Landscape plans not meeting development standards may delay project approval.

The Bottom Line

Tempe'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 Tempe is broadly strict or permissive.

These rules come from Tempe's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.