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Brentwood, CA Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
BMC § 7.03.060
Permit type
Engineering dept. encroachment permit
Right-of-way defined
Curb to curb / sidewalk to sidewalk
Appeal window
5 days, in writing, to tree board
Maintenance duty
Property owner, per § 7.03.070

Summary

Planting a tree in the Brentwood parkway strip requires an encroachment permit from the engineering department. Municipal Code § 7.03.060 makes it unlawful to plant any tree or shrubbery on a street, public right-of-way, park, or public place without one.

It is unlawful for any person to plant any tree or shrubbery on any street, public right-of-way (curb to curb or from back of sidewalk to back of sidewalk/curb where sidewalk exits only on one side of the street), park, or public place without first obtaining a permit to do so by applying for and receiving an encroachment permit from the engineering department.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4604307; v5 updated 2025-12-09).

Full Breakdown

060 makes it unlawful for any person to plant any tree or shrubbery on any street, public right-of-way (defined as curb to curb, or from back of sidewalk to back of sidewalk or curb where sidewalk exists on only one side), park, or public place without first obtaining an encroachment permit from the engineering department. All work under the permit must comply with applicable city ordinances, resolutions, standards, and specifications, and the director may attach conditions, including a requirement to replace any street tree that is removed.

050 reinforces this by barring planting, removal, or replacement of street trees except in accordance with the city's urban forest guidelines. An applicant denied a permit, or unhappy with conditions attached to it, may appeal in writing to the city's designated tree board within five days of the decision; the tree board must hear the appeal within thirty days and its decision can be further appealed to the city council, whose ruling is final and conclusive. 070 puts routine maintenance, including minor pruning, feeding, spraying, and watering, on the property owner without requiring a further permit, and requires the owner to replace a dead tree with the same species or one listed in the urban forest guidelines, with all work conforming to International Society of Arboriculture standards.

Violations & Fines

Planting a tree or shrub in a public right-of-way, park, or parkway without the required encroachment permit violates Section 7.03.060 and is enforced as a Title 7 misdemeanor under Section 7.07.020: a minimum $1,000 fine, up to six months in jail, or both, or an administrative citation under Chapter 1.24.

Frequently Asked Questions

Do I need a permit to plant a tree in the parkway strip in Brentwood?
Yes. Section 7.03.060 requires an encroachment permit from the engineering department before planting any tree or shrubbery on a street, public right-of-way, park, or public place, including the parkway between sidewalk and curb.
Can I appeal if my street tree planting permit is denied?
Yes. Section 7.03.060 lets an aggrieved applicant appeal in writing to the city's designated tree board within five days; the board must hear it within thirty days, and its decision can be further appealed to the city council.
Who maintains a street tree after it's planted?
The property owner. Section 7.03.070 assigns routine maintenance, including minor pruning, feeding, spraying, and watering, to the owner without a further permit, and requires replacement with the same or an approved species if the tree dies.

Sources & Official References

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