Gilroy, CA Tree Protection: Parkway Planting (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?
Who decides which street trees Gilroy plants where?
Who pays for street trees in a new Gilroy subdivision?
What happens if I disagree with a Gilroy tree decision?
Sources & Official References
Other rules in Gilroy
California rules heatmap·Compare Gilroy to another location·View the California tree protection overview
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Parkway Planting in Nearby Cities
How other cities in Santa Clara County handle parkway planting.