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Burlington, NC Tree Protection: Parkway Planting (2026)

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

Key Facts

City authority
Plant, prune, remove ROW trees, § 38-23
Owner planting
Must follow Tree Advisory Committee guidelines
Oversight body
Tree Advisory Committee, under Community Appearance Commission
Approval required
Before any right-of-way planting
Unauthorized planting penalty
$50 per occurrence per day

Summary

In the City of Burlington, North Carolina, the city controls what gets planted in the parkway strip along its streets. Property owners may plant street trees next to their land, but only if the species, spacing and location follow guidelines set by the city Tree Advisory Committee, and only after the committee approves the planting; unauthorized right-of-way plantings cost $50 per day.

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. ... This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and the location of said trees is in accordance with the guidelines for planting and spacing developed by the city tree advisory committee. Approval must be granted from the Tree Advisory Committee before any plantings in right-of-way areas. ... If a tree, shrub or other planting is planted within the right-of-way without authorization, the violator, as directed by the administrator of this chapter, shall remove said elements or submit an application per section 38-27. Failure to comply with this section shall subject the violator to pay a civil penalty of fifty dollars ($50.00) per occurrence per day.

Full Breakdown

Section 38-23 gives the City of Burlington the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way lines of every street, alley, avenue, lane, square and public ground, whenever necessary for public safety or to preserve the symmetry and beauty of those public grounds. That authority does not shut adjacent property owners out of planting their own street trees, but the section conditions it: the selection and location of any tree an owner wants to add must follow the planting and spacing guidelines the Tree Advisory Committee develops, and the owner must get the committee's approval before any right-of-way planting goes in.

The Tree Advisory Committee itself operates as a subcommittee of the Community Appearance Advisory Commission under section 38-22(c), and one of the article's stated purposes is to encourage protecting trees and using them to create a more natural, amenable environment, while section 38-22(b) cautions that the article is not meant to punish anyone who exercises real care in protecting trees on public or private land. Definitions in section 38-21 pin down the geography: right-of-way means property within and adjoining the city's or state's streets, roads and highways, and street trees means the trees, shrubs and bushes growing on land within those rights-of-way along any street, avenue or way in the city.

Violations & Fines

Planting in the right-of-way without the Tree Advisory Committee's approval is treated the same as an unauthorized removal: the administrator can order the owner to remove the unapproved planting or submit a permit application under section 38-27, and failing to comply carries a $50 civil penalty per occurrence, assessed per day the violation continues, under section 38-30.

Frequently Asked Questions

Can I plant a tree in the strip between the sidewalk and the street?
Yes, but only after the city Tree Advisory Committee approves the species, spacing and exact location under the guidelines it develops under section 38-23. Planting first and seeking approval later is not allowed; the section requires approval before any tree, shrub or other planting goes into the right-of-way.
Which city body sets the planting and spacing guidelines?
The city Tree Advisory Committee, a subcommittee of the Community Appearance Advisory Commission established under section 38-22(c), develops the guidelines for selecting and spacing street trees and reviews planting requests from adjacent property owners before the Public Works Department administrator signs off.
What happens if I plant a tree in the right-of-way without approval?
The administrator can order you to remove it or file a permit application after the fact under section 38-27. If you do not comply, section 38-30 imposes a $50 civil penalty per occurrence, and that penalty runs per day for as long as the unauthorized planting remains in place.

Sources & Official References

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