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Fairfield, CT Tree Protection: Parkway Planting (2026)

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

Key Facts

Application must show
Size, species, type, location
Reviewing official
Town Tree Warden
Review standard
Effect on street safety/maintenance
Fee
Set by Tree Warden, amount not fixed
Conditions
Tree Warden may attach permit conditions

Summary

Anyone planting a tree or shrub in the Town of Fairfield's street right-of-way must submit a Tree Warden application listing the tree's size, species, and location, per Fairfield Town Code § 91-7; the Tree Warden weighs the effect on street safety and maintenance before granting or denying it and setting permit conditions.

Application for a tree planting, removal or pruning permit shall be made, in writing, upon forms provided by the Tree Warden. The application shall set forth the size, species, type and location or proposed location of such tree or shrub, together with such further information as the Tree Warden may require. In passing upon such application, the Tree Warden shall consider the effect of the proposed planting, removal or pruning upon the present and future use, safety, maintenance and improvement of the public streets and, on the basis of such consideration, shall grant or deny the application. The Tree Warden may establish, from time to time, a reasonable fee for such application. ... In issuing any permit under this Article II, the Tree Warden may set forth such conditions and limitations as he may think necessary or desirable; and the permittee shall observe such conditions and limitations as may be set forth by the Tree Warden.

Full Breakdown

Fairfield regulates parkway or street-tree planting through Article II of Chapter 91, which places all planting, removing, or pruning of trees and shrubs within the limits of a public street under a single Tree Warden permit system created by § 91-6. Section 91-7 spells out what a planting application must contain: it must be made in writing on forms the Tree Warden provides and must set forth the size, species, type, and location or proposed location of the tree or shrub, along with any further information the Tree Warden requires.

The Tree Warden then evaluates the proposed planting for its effect on the present and future use, safety, maintenance, and improvement of the public streets, and on that basis either grants or denies the application; the Tree Warden may also set a reasonable fee for processing it. If a permit is granted, § 91-8 lets the Tree Warden attach whatever conditions and limitations are necessary or desirable, for example on species, spacing, or planting method, and the permittee must observe those conditions once the permit issues.

Because the standards run through case-by-case Tree Warden review rather than a published list of approved species or a fixed spacing table, Fairfield's ordinance functions as a discretionary permit-and-conditions system for parkway trees rather than a self-executing planting code, and it applies only to trees within the public street's limits, not to plantings entirely on private property away from the right-of-way.

Violations & Fines

Fairfield Town Code § 91-9 addresses planting done without the required permit or in violation of a permit's conditions: the Tree Warden may order the person who planted the tree, or the property owner, to remove or replace it at their own expense, and if the order is not followed within 30 days the Tree Warden may have the work done and charge the responsible party for it.

Frequently Asked Questions

What must a Fairfield street-tree planting application include?
Under § 91-7, the written application, made on forms from the Tree Warden, must state the size, species, type, and location or proposed location of the tree or shrub, plus any further information the Tree Warden requires.
Who decides whether a parkway tree planting is approved?
The Town Tree Warden, who under § 91-7 weighs the effect of the proposed planting on the present and future use, safety, maintenance, and improvement of the public streets before granting or denying the application.
Is there a fee to plant a tree in the Fairfield right-of-way?
The Tree Warden may set a reasonable application fee under § 91-7, though the code does not print a fixed dollar amount; applicants should confirm the current fee with the Tree Warden's office.
Can the Tree Warden restrict how I plant an approved tree?
Yes. Section 91-8 lets the Tree Warden attach conditions and limitations to any planting permit, and the permittee must observe those conditions once the permit is issued.

Sources & Official References

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