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Fremont, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit required
Street tree permit or approved development plan
Species control
Only city manager-approved species
Planting standard
City council-adopted standard details
Administering official
City manager
First damage penalty
$250 fine
Repeat damage penalty
$750, then $1,000

Summary

Fremont requires a street tree permit or approved development plan before anyone plants a tree in the public right-of-way, and planting must follow city-adopted standard details using only city manager-approved species.

12.30.040 Planting – Permit and standards.

(a) A person may not plant a street tree except as authorized by a street tree permit or an approved development plan.

(b) Planting of street trees must comply with the planting standards set forth in standard details adopted by the city council or as expressly authorized in writing by the city manager.

(c) Only species approved in writing by the city manager or shown on an approved development plan may be planted as street trees.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).

Full Breakdown

Fremont Municipal Code Section 12.30.040, Planting - Permit and standards, sets three binding conditions on parkway tree planting. First, "a person may not plant a street tree except as authorized by a street tree permit or an approved development plan." Second, planting "must comply with the planting standards set forth in standard details adopted by the city council or as expressly authorized in writing by the city manager," which controls placement, spacing, and technique. Third, "only species approved in writing by the city manager or shown on an approved development plan may be planted as street trees," so homeowners cannot choose their own species for the parkway strip.

Section 12.30.030 makes planting, pruning, or removing a street tree outside this article unlawful. To get a permit, Section 12.30.120 requires submitting a complete application under Section 12.30.130, which must identify the adjacent property address, the adjoining owner's contact information, the person performing the work and their state contractor license number (or basis for exemption), and the species and location of each tree, signed under penalty of perjury, plus payment of fees the city council sets under Section 12.30.110. The city manager administers all permits under Section 12.30.100 and may issue them only to persons reasonably believed to be licensed under the contractors' state license law.

Section 12.30.170 separately bars paving, raised planters, ropes or devices, or injurious substances within four feet of a street tree without written city manager permission, and violations under Section 12.30.180 carry escalating administrative penalties of $250 for a first offense, $750 for a second, and $1,000 for a third or subsequent offense, or a flat $1,000 for intentional or knowing damage. This article stems from Ordinance 11-2010, adopted May 25, 2010, and continues 1990 Code Section 6-2103.

Violations & Fines

Planting an unapproved species or planting without a street tree permit or approved development plan violates Section 12.30.030, and damaging a permitted street tree (paving, raised planters, or injurious substances within four feet) under Section 12.30.170 draws an administrative penalty of $250 for a first offense, $750 for a second, and $1,000 for a third or subsequent offense, or $1,000 flat for intentional damage under Section 12.30.180.

Frequently Asked Questions

Can a Fremont homeowner plant any tree species in the parkway strip?
No. Section 12.30.040 limits parkway planting to species approved in writing by the city manager or shown on an approved development plan; picking an unapproved species without that sign-off violates the ordinance.
Does planting a street tree in Fremont require a permit?
Yes. Section 12.30.040 requires a street tree permit or an approved development plan before anyone plants a tree in the public right-of-way, and Section 12.30.030 makes planting without one unlawful.
What information does a Fremont street tree permit application need?
Section 12.30.130 requires the adjacent property address, the adjoining owner's contact information, the name and state contractor license number of the person doing the work, and the species and location of each tree, signed under penalty of perjury.
What is the fine for damaging a Fremont street tree?
Section 12.30.180 sets administrative penalties of $250 for a first offense, $750 for a second offense, and $1,000 for a third or subsequent offense, or a flat $1,000 if the damage was knowing or intentional.

Sources & Official References

Other rules in Fremont

All Fremont rules

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