Asheville, NC Tree Protection: Parkway Planting (2026)
Key Facts
- Governing section
- Asheville City Code § 20-21
- Permit required from
- Public works director
- Planting plan
- Required in triplicate under § 20-23
- Species control
- Master Street Tree Plan (§ 20-5)
- Civil penalty
- $100.00 per day of violation
- Utility exception
- Approved specs valid 2 years (§ 20-21(c))
Summary
Anyone who wants to plant a tree or shrub in Asheville's street right-of-way or other city property needs a written permit from the public works director first, under City Code Sec. 20-21. Utilities get a narrower exception for routine maintenance under city-approved specifications, but even they need a permit to remove a tree from city property.
(a) No person shall remove, destroy, cut, prune or otherwise treat any tree or shrubbery having its trunk upon any city property or right-of-way or contract with another person to perform such acts without first obtaining a written permit from the public works director except as herein set forth. (b) No person shall plant or contract with another to plant any tree or shrubbery on any city property, except as herein noted, without a permit from the public works director.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-5: Contains Supplement, current through Ordinance 5245, passed 7-28-2026 | State legislation current through 2025 A.L.S. #3).
Full Breakdown
Chapter 20, Article II of the Asheville City Code governs planting in the public street right-of-way, commonly the frontage strip or planting strip, which Sec. 20-4 defines as "a continuous planting strip, exclusive of access driveways, abutting a public street." Sec. 20-21(b) requires a written permit from the public works director before any person plants a tree or shrub on city property, including that strip, and a companion permit covers removal, pruning, or work within a tree's drip line under Sec. 20-22.
Getting the permit means more than asking: Sec. 20-23 requires anyone planting under the chapter's provisions to submit a scaled planting plan in triplicate showing the street width and its curb, gutter, parking strip and sidewalk divisions; the location of overhead and underground utilities; the exact placement, species, mature height and caliper of every proposed and existing tree; the spacing in feet between trees in the same row; and the soil condition to a depth of three feet along with the drainage system. A simple letter of intent can substitute for small, non-development plantings. Species selection is not left to the applicant alone: Sec. 20-5(b) directs the parks and recreation director to maintain a Master Street Tree Plan specifying which species may be planted along each street, and that plan governs once adopted by city council.
Utilities get a narrow carve-out. Sec. 20-21(c) lets a utility perform routine maintenance on trees rooted in city property without a separate permit only if the work follows written specifications the public works director has already approved, valid for two years before renewal.
Violations & Fines
Planting or removing a tree on city right-of-way without the required permit is enforced under Sec. 20-53: the public works director issues written notice of the violation, and a person may appeal to the Asheville Tree Commission's appeals board within ten working days. Violations carry a $100.00 civil penalty per day the violation continues, with further appeal available to Buncombe County Superior Court.
Frequently Asked Questions
Do I need a permit to plant a tree in the strip between the sidewalk and the street in Asheville?
What has to be in the planting plan I submit?
Can I pick any tree species for a street planting?
What happens if I plant without a permit?
Sources & Official References
Other rules in Asheville
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