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Fountain Valley, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Decision maker
Director of public works designates type, variety, location and spacing
Master list
Approved by city council on the director's recommendation
Nonconforming planting
Barred on any street, parkway or public place
Petition route
Director first, then appeal to city manager
Council authority
Can set aside or change director and manager actions
Planting permission
Prior approval from director, valid no more than 30 days

Summary

In the City of Fountain Valley, California, the director of public works keeps a council-approved master list of street and parkway trees and designates the kind, variety, location and spacing for every planting. No one can plant a tree or shrub on a street, parkway or public place that does not conform to that designation.

The director of public works shall maintain a master list of trees approved by the city council upon the recommendation of the director of public works for planting in streets and parkways throughout the city and indicating rules and regulations governing the planting, location, spacing and maintenance of the various varieties of trees on the list. The director of public works shall designate the kind and variety of trees or shrubs to be planted upon any street, parkway or public place of the city and the location, spacing and planting procedure to be followed. No person shall plant or install any tree or shrub upon any portion of any street, parkway or other public place which does not conform to the type, variety, location and spacing designated by the director of public works for such portion of such street, parkway or public place

Full Breakdown

Section 12.04.030 of the Fountain Valley Municipal Code has the director of public works maintain a master list of trees, approved by the city council on the director's recommendation, for planting in streets and parkways throughout the city. The list carries rules governing the planting, location, spacing and maintenance of each variety. The director designates the kind and variety of tree or shrub, and the location, spacing and planting procedure, for any street, parkway or public place.

Anyone planting must conform. No one can plant or install a tree or shrub on a street, parkway or other public place that departs from the designated type, variety, location and spacing. The section adds a petition route: owners of property fronting a street with no designated variety, or who are dissatisfied with the one designated, can petition the public works director to designate or change it, and if still dissatisfied can appeal to the city manager, who has the power to designate or change the variety for that street or portion. The city council can set aside, change or alter any action of the director or the city manager.

Related sections add conditions. Under § 12.04.040 planting on a street, parkway or public place needs prior permission from the director of public works, and that permission lasts no more than thirty days. Under § 12.04.020 the director can authorize removal of a tree or shrub that does not conform to the type or variety designated for its place. Section 12.04.070 forbids placing stone, cement or other substance that substantially impedes the free access of water or air to the roots of a street tree without the director's written approval, and § 12.04.090 requires guards or protectors on street trees near building work. Determinations of the director can be appealed to the city manager in writing within twenty days after mailing of written notice (§ 12.04.110).

Violations & Fines

Chapter 12.04 has no penalty section of its own, so § 1.16.010 applies: a violation of any code provision is a misdemeanor punishable by a fine of not more than $1,000, up to six months in County Jail, or both, and the prosecutor can charge it as an infraction with fines of $100, $200 and $500 for a first, second and further violation within one year. A nonconforming planting can also be ordered removed under § 12.04.020.

Frequently Asked Questions

Who decides what tree goes in a Fountain Valley parkway?
The director of public works. Under § 12.04.030 the director maintains a master list of trees approved by the city council and designates the kind and variety of tree or shrub, plus its location, spacing and planting procedure, for any street, parkway or public place in the City of Fountain Valley. Nobody can plant one that departs from that designation.
What if I dislike the tree the city designated for my street?
Owners of property fronting the street can petition the public works director to designate a different type and variety. If still dissatisfied, they can appeal to the city manager, who has the power to designate or change the variety for that street or portion of it. The city council can set aside, change or alter any action of the director or the city manager.
Do I need permission to plant a tree in the parkway?
Yes. Section 12.04.040 prohibits planting on any street, parkway or public place of the City of Fountain Valley without prior permission and approval from the director of public works. The permission cannot be valid for longer than thirty days after issuance, and the director can attach conditions, including replacement of any removed tree with the designated type.
Can I pave or put stone around a street tree?
Not without written approval. Section 12.04.070 says no person, without the written approval of the director of public works, can place or maintain stone, cement or other substance so that it substantially impedes the free access of water or air to the roots of any tree, shrub or plant in a street, parkway or public place. The same section bars harmful liquids such as brine, oil and dye.

Sources & Official References

Other rules in Fountain Valley

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