Cape Coral, FL Tree Protection: Parkway Planting (2026)
Key Facts
- Authorization needed
- Registration certificate, not a permit
- Utility locate
- Sunshine 811 call required before digging
- Canopy tree utility setback
- 10 feet from drainage/water/sewer mains
- Roadway setback
- 5 feet minimum; canopy trees 7 feet unless root barrier used
- Ownership after planting
- Becomes city property
- Maintenance duty
- Abutting owner responsible; failure risks removal
Summary
Planting a tree or shrub in the parkway strip between the sidewalk and the street in Cape Coral requires a city registration certificate, not a building permit. Utility clearances, roadway setbacks, and a Sunshine 811 locate call are all mandatory before the shovel goes in.
A.No permit required- Registration required. It shall be unlawful to install any trees or shrubs in the city-owned lateral right-of-way without first obtaining a registration certificate from the city. ... 3.No canopy tree shall be planted within 10 feet of existing or proposed drainage inlet or potable water, irrigation and sanitary sewer force mains.4.No palm tree with a mature diameter of 8 inches or greater shall be planted within 5 feet of existing or proposed drainage inlet or potable water, irrigation and sanitary sewer force mains ... 8.No tree, shrub, landscape edging material, concrete curbing, bedding plant, groundcover, mulch, or decorative rock shall be placed in the city-owned lateral right-of-way within five feet of the roadway. Canopy trees shall not be planted within seven feet of any roadway, sidewalk, or underground utility unless an acceptable root barrier material, installed in accordance with this Chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 38).
Full Breakdown
18 governs the city-owned lateral right-of-way, the grassy strip most homeowners think of as their parkway. Installing any tree or shrub there without first getting a registration certificate from the city is unlawful. Before digging, the property owner must call Sunshine 811 to have underground utilities located and marked, and all excavation in the right-of-way must comply with Florida Statutes Chapter 556 on underground facility damage prevention. Where potable water, irrigation, or sanitary sewer force mains run through the strip, the owner must contact the Utility Department to confirm clearance for any proposed canopy or palm tree.
Canopy trees cannot go within 10 feet of an existing or proposed drainage inlet or water, irrigation, or sewer main, and palm trees with a mature diameter of 8 inches or more must stay 5 feet away from the same infrastructure. Roadway-side setbacks are separate: nothing, including tree beds, edging, or mulch, can sit within 5 feet of the roadway, and canopy trees specifically must stay 7 feet from any roadway, sidewalk, or underground utility unless an approved root barrier is installed. Additional clearances apply from side property lines (5 feet), the bottom of the swale (3 feet), and public sidewalks (3 feet).
Once installed, the plantings legally become city property, but the abutting owner remains responsible for maintaining them, keeping them clear of traffic-sight obstructions, and covering any damage they cause to drainage or utility lines. The South Cape Downtown District instead uses a city placement agreement for streetscape plantings under subsection C, rather than the standard registration path.
Violations & Fines
Failing to maintain right-of-way plantings, or installing them without registration or inside a prohibited setback, is a violation under Section 5.5.18(D) that gives the city grounds to remove the trees, shrubs, or tree bed. The city may also remove plantings on its own initiative for utility maintenance or safety, and all removal costs, plus restoring the right-of-way, fall on the abutting property owner regardless of who performed the removal.
Frequently Asked Questions
Do I need a permit to plant a tree in the right-of-way strip in front of my Cape Coral house?
How close to the road can I plant a right-of-way tree?
Who is responsible if a right-of-way tree damages a utility line?
Sources & Official References
Other rules in Cape Coral
Florida rules heatmap·Compare Cape Coral to another location·View the Florida tree protection overview
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Parkway Planting in Nearby Cities
How other cities in Lee County handle parkway planting.