Berkeley, CA Tree Protection: Parkway Planting (2026)
Key Facts
- Planting permit section
- BMC § 12.44.010
- Parking strip defined
- BMC § 12.44.040
- Permit authority
- Director of Recreation and Parks
- Paving restriction
- Written permission required, § 12.44.040
- Deleterious materials ban
- Salt, oil, herbicide near strip, § 12.44.030
- Violation class
- Infraction, Ch. 1.20
Summary
Planting a tree, shrub or plant in a Berkeley street parking strip, or paving over it, both require written permission from the Director of Recreation and Parks first. The Director gets to pick the kind, variety and size of anything planted, and the code defines the "park" or parking strip as the area between the property line and the roadway, minus sidewalk and curb.
It is unlawful for any person to plant any tree, shrub or plant in or upon any street, parking strip, public square, park or playground, without first having obtained permission therefor from the Director of Recreation and Parks of the City, who shall designate the kind, variety and size of the tree, shrub or plant to be planted.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
010 makes it unlawful to plant any tree, shrub or plant in or upon a street, parking strip, public square, park or playground without first obtaining permission from the Director of Recreation and Parks, who designates the kind, variety and size of what may be planted. 040 defines "park" or "parking strip" as the area between the property line and the roadway, excluding the sidewalk and curb, and separately bars paving that strip in any manner or with any material without the Director's written permission, granted according to rules the Director adopts.
Together the two sections mean a resident cannot simply plant a tree in the parkway in front of their house, or pave it over for parking, car access or hardscaping, without City sign-off specifying what is allowed. 030, which bars placing salt, oil, herbicide or other plant-damaging material in or near any parking strip, parking area or public plat, or close enough that the material would soak into that soil. 44's tree provisions, through the Recreation and Parks Department, and a parkway planting or paving job done without permission is treated as a violation of the chapter rather than a separate offense.
Violations & Fines
Planting in, or paving, a parking strip without the Director of Recreation and Parks' written permission is a violation of Chapter 12.44 and is prosecuted as an infraction under § 12.44.090, following the citation procedure in Chapter 1.20. Placing salt, oil, herbicide or other material harmful to plant growth in or near a parking strip in violation of § 12.44.030 is enforced the same way.
Frequently Asked Questions
Can I plant my own tree in the parkway strip in front of my Berkeley house?
What exactly counts as the "parking strip" under Berkeley's tree ordinance?
Can I use weed killer near the parkway strip in front of my house?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California tree protection overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Parkway Planting in Nearby Cities
How other cities in Alameda County handle parkway planting.