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Berkeley, CA Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Not without permission. BMC § 12.44.010 requires written approval from the Director of Recreation and Parks before planting any tree, shrub or plant in a street parking strip, and the Director decides the kind, variety and size that may go in.
What exactly counts as the "parking strip" under Berkeley's tree ordinance?
Section 12.44.040 defines "park" or "parking strip" as the area between the property line and the roadway, not counting the sidewalk and curb; that same section requires the Director's written permission before paving it.
Can I use weed killer near the parkway strip in front of my house?
BMC § 12.44.030 makes it unlawful to place salt, oil, herbicide or any other material harmful to plant growth in or near a parking strip, parking area or public plat, or close enough that it would permeate that soil.

Sources & Official References

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