Portsmouth, VA Landscaping Rules: Tree Trimming (2026)
Key Facts
- Duty holder
- Property owner or occupant
- Trigger
- Growth overhangs a public right-of-way
- Penalty
- Class 3 misdemeanor, Sec. 36-1
- Cost recovery
- Owner billed for city's trimming expense
- Utility trimming
- Needs director permit under Sec. 36-29
- Plants covered
- Bushes, shrubs, trees, other plants
Summary
Portsmouth property owners and occupants must keep bushes, shrubs, trees, and other plants trimmed so nothing overhangs and blocks a public right-of-way. City Code Sec. 36-2 puts the trimming duty on whoever owns or occupies the lot, and if the city has to send a crew to cut back the growth, the owner is billed for the cost, on top of any misdemeanor penalty.
It shall be the duty of any person who owns or occupies any property on which are situated any bushes, shrubs, trees or other plants that overhang any public right-of-way to keep such bushes, shrubs, trees and other plants trimmed so that such overhanging projections shall in no way impede or interfere with the free public passage along such right-of-way. Any person violating any provision of this section shall, in addition to any penalty imposed for the violation, be liable to the city for any expense incurred by the city in having such bushes, shrubs, trees and other plants trimmed in conformity herewith.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. 36-2, in Chapter 36's general article, places an affirmative duty on "any person who owns or occupies any property" with trees, bushes, shrubs, or other plants that overhang a public right-of-way: the owner or occupant must keep that growth trimmed back so it does not impede or interfere with free public passage along the right-of-way. The duty applies citywide to any right-of-way and covers all four plant categories named in the text: bushes, shrubs, trees, and other plants. If an owner fails to trim and the city sends a crew to cut the overhanging growth back into conformity, Sec.
36-2 makes the owner liable to the city for any expense the city incurs doing that work, a cost-recovery remedy layered on top of, not instead of, whatever criminal penalty applies. That penalty comes from Sec. 36-1: any Chapter 36 violation is a class 3 misdemeanor under Sec. 1-11. A separate, narrower rule sits at Sec. 36-29: an electric light, telephone, or telegraph company may not trim any tree or shrub located on city property without first getting a permit from the director of parks, recreation and leisure services.
That section addresses utility crews cutting city-owned trees for line clearance, not a private owner's overhang duty, so the two sections are not interchangeable even though both concern trimming.
Violations & Fines
Failing to trim overhanging bushes, shrubs, trees, or plants under Sec. 36-2 is a class 3 misdemeanor under Sec. 36-1 and Sec. 1-11, and the city can bill the owner separately for the full cost of any trimming crew it dispatches to clear the right-of-way, a civil expense charge that stacks on top of the criminal penalty rather than replacing it.
Frequently Asked Questions
Who is responsible for trimming trees that hang over a Portsmouth sidewalk?
What happens if I don't trim my overhanging tree and the city does it for me?
Can a utility company trim a city tree without asking permission?
Is there a minimum clearance height required over the street?
Sources & Official References
Other rules in Portsmouth
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