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Santa Cruz County, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

No-permit exception
Parkway plantings behind curb, § 9.70.050(A)(1)(c)
Condition
Must not hinder pedestrians or create hazard
Removal authority
Public Works Director, § 9.70.050(B)
Parkway defined
Area between sidewalk and curb, § 13.13.020(24)
Development street trees
Must match County right-of-way tree list
Applies to
Unincorporated County-maintained roads only

Summary

Homeowners in unincorporated Santa Cruz County can plant in the parkway strip between the sidewalk and the curb without an encroachment permit under SCCC § 9.70.050(A)(1)(c), as long as the plantings don't create a traffic hazard, block normal road maintenance, or impede pedestrians. The Public Works Director can order removal of any planting that later violates those conditions.

These county ordinances apply to unincorporated areas of Santa Cruz County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1) Exceptions. When so placed or done as not to constitute a traffic hazard, nor interfere with normal road maintenance, the following things are authorized in a County-maintained road without a permit: ... (c) Plantings in a parkway area behind a curb or flow line, when so maintained as not to hinder or impede pedestrian traffic. (B) The Director may, in the manner provided in this chapter, require and enforce the removal of any of the things authorized by this section when, in their opinion, any of such things are so placed or done as to constitute a traffic hazard, or to interfere with normal road maintenance, or otherwise to violate any of the conditions under which such things are authorized.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5004302; v11 updated 2026-05-19; through 05-19-2026).

Full Breakdown

SCCC § 9.70.050(A) makes it unlawful to encroach on, alter, or place anything within a County-maintained road right-of-way without first getting a written encroachment permit from the Department of Public Works. Subsection (A)(1) then carves out a short list of things residents may do without a permit provided they don't create a traffic hazard or interfere with normal road maintenance: postal-approved rural mailboxes, newspaper delivery receptacles, and plantings in a parkway area behind the curb or flow line, so long as the planting doesn't hinder or impede pedestrian traffic. The Code defines "parkway" at SCCC § 13.13.020(24) as the area between a sidewalk and the curb or traffic lane, whether planted or unplanted.

The exemption is conditional, not permanent. Under § 9.70.050(B), the Public Works Director can require removal of any exempt planting whenever it is placed or maintained so as to create a traffic hazard, interfere with normal road maintenance, or otherwise violate the conditions that authorized it in the first place, meaning overgrown shrubs or trees that block sightlines or a sidewalk can be ordered out at any time without the formal encroachment-permit process.

Larger development projects face an additional, separate standard: where street trees are installed as a condition of a project subject to design review under SCCC § 13.11.040, § 13.11.070(D)(1)(c) requires the trees to match existing street tree species and spacing and, within County rights-of-way, to be chosen from the "Recommended Santa Cruz County Right-of-Way Trees" list in the Santa Cruz Urban Forestry Master Plan. That design-review species standard applies on top of, not instead of, the no-permit parkway allowance available to individual property owners.

Violations & Fines

Placing anything in a County-maintained right-of-way beyond the § 9.70.050(A)(1) exceptions without a written encroachment permit is unlawful under SCCC § 9.70.050(A). Even permitted parkway plantings are not automatically safe from enforcement: the Public Works Director can require and enforce removal under § 9.70.050(B) once a planting becomes a traffic hazard, blocks pedestrian passage, or interferes with normal road maintenance, no matter how long it has stood.

Frequently Asked Questions

Do I need a permit to plant something in the strip between the sidewalk and the street?
No, not if it's a simple planting. SCCC § 9.70.050(A)(1)(c) exempts plantings in a parkway area behind the curb or flow line from the County's encroachment permit requirement, as long as the planting doesn't create a traffic hazard, interfere with road maintenance, or impede pedestrians using the sidewalk.
Can the County make me remove parkway landscaping I already planted?
Yes. SCCC § 9.70.050(B) lets the Public Works Director require and enforce removal of any parkway planting whenever it is judged to create a traffic hazard, interfere with normal road maintenance, or violate the conditions that let it go in without a permit in the first place.
What exactly counts as the "parkway" under County rules?
SCCC § 13.13.020(24) defines "parkway" as the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted and may or may not include a pedestrian walkway, and it's the same strip covered by the no-permit planting exception in § 9.70.050(A)(1)(c).
Are street trees on a new development held to a different standard?
Yes. Where a project requires design review under SCCC § 13.11.040, § 13.11.070(D)(1)(c) requires street trees in the County right-of-way to match existing species and spacing and, where applicable, to be chosen from the Recommended Santa Cruz County Right-of-Way Trees list in the Urban Forestry Master Plan, a stricter standard than the general no-permit parkway allowance.

Sources & Official References

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