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Gilroy, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Enforcing official
Director of Parks and Recreation
Species rule
Must be on master tree list
Off-list planting
Written permit plus commission approval
Location rule
Master street tree planting plan
Developer cost
Pays city's actual planting cost
Appeal path
Commission, then city council
Violation
Infraction under Sec. 26.17

Summary

In the City of Gilroy, no one may plant a tree in or overhanging a public street unless it appears on the parks and recreation director's master tree list, or the director issues a written permit for a different species under City Code Section 26.5. The director also sets exact planting locations through a commission-approved master street tree planting plan under Section 26.5-1, and subdivision developers pay the city's actual planting cost under Section 26.16.

All trees hereafter planted in or which may overhang the public streets of the city must be on the master tree list, unless a written permit from the director shall have first been obtained to plant a tree not on said list. Such permit may be granted by the director only upon his obtaining approval therefor from the commission. It shall be unlawful to plant any tree except as in this section provided. ... The director shall develop a tree planting plan whereby specific tree species are designated for specific locations in the city. Such plan shall be submitted to the commission for its review and final approval. When approved by the commission, such plan shall be placed on file in the office of the commission and shall thereafter be the official master street tree planting plan. All trees planted thereafter in any public street shall be of the designated species. ... The planting of trees in subdivisions as required by section 21.35 shall be administered under the provisions of this chapter. The subdivider or developer shall be charged fees sufficient to defray the actual cost of the city for time and material expended in such plantings.

Full Breakdown

Gilroy's tree chapter puts the parks and recreation director in charge of what grows along the city's public streets. Under Section 26.4, the director determines which tree species are suitable for street planting after consulting landscape architects, arborists, nurserymen and park executives, and the resulting master tree list takes effect once the parks and recreation commission approves it and it is filed in the commission's office. Section 26.5 makes it unlawful to plant any tree in or overhanging a public street unless the species is on that master tree list, unless the director first issues a written permit to plant an off-list species, and that permit itself requires the commission's approval.

Beyond species selection, Section 26.5-1 requires the director to develop a master street tree planting plan assigning specific species to specific locations citywide; once the commission approves and files that plan, every tree planted in a public street after that point must be of the plan's designated species for that location. The director holds parallel jurisdiction under Section 26.6 over the placement, care, trimming, removal, relocation and replacement of street trees, and any change to the master tree list or the planting plan goes through the same director-drafts, commission-approves, file-with-commission process used to adopt the originals.

Where new subdivisions are involved, Section 26.16 folds street tree planting into the subdivision process required by Section 21.35 and requires the subdivider or developer, not the city, to pay the fees needed to cover the city's actual time and material cost of the plantings. A person aggrieved by any decision the director makes under this chapter can appeal first to the parks and recreation commission and then to the city council under Section 26.13, and the council's decision after a public hearing is final.

Violations & Fines

Planting a tree in or overhanging a Gilroy public street that is not on the parks and recreation director's master tree list, without first getting the director's written permit and the commission's approval, is unlawful under Section 26.5. A subdivider or developer who plants street trees without paying the city's assessed planting fees under Section 26.16 has not met the subdivision's tree planting requirement. Section 26.17 makes any violation of the tree chapter an infraction.

Frequently Asked Questions

Can I plant any tree species in front of my Gilroy home?
Only if it is on the City of Gilroy's master tree list kept by the director of parks and recreation. City Code Section 26.5 makes it unlawful to plant a tree in or overhanging a public street unless it is on that list or the director has issued a written permit, approved by the parks and recreation commission, for a different species.
Who decides which street trees Gilroy plants where?
The director of parks and recreation, under City Code Section 26.5-1, develops a master street tree planting plan assigning specific tree species to specific city locations. Once the parks and recreation commission approves and files the plan, every tree planted afterward in a public street must match the plan's designated species for that spot.
Who pays for street trees in a new Gilroy subdivision?
The subdivider or developer does. City Code Section 26.16 folds street tree planting into the subdivision process and charges the subdivider or developer fees sufficient to cover the city's actual cost of time and material for the plantings, rather than billing the general public.
What happens if I disagree with a Gilroy tree decision?
City Code Section 26.13 lets anyone aggrieved by the director's decision appeal first to the parks and recreation commission, which decides the matter, and then to the city council, whose decision after a public hearing is final.

Sources & Official References

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