Lexington, KY Tree Protection: Parkway Planting (2026)

Chapter 17B governs the planting strip, the tree easement or right-of-way immediately adjacent to a property, through § 17B-2. Any person may plant there only after obtaining a permit from the division of environmental services, and the permit issues once several conditions are met: the species can't be on the unacceptable-species list kept under § 17B-10; the planting area must meet the minimum size set in Article 6-10 of the Land Subdivision Regulations; and, if the tree sits between the sidewalk and the street, it must be at least 50 feet in advance of any stop or yield sign, 25 feet in advance of any other regulatory or warning sign, and 10 feet from fire hydrants or utility poles.

Where overhead utility wires run or utility easements for them exist, only small trees (species that top out between 10 and 15 feet) may be planted. , and the property owner takes on ongoing maintenance, watering, pruning, removing dead or diseased limbs, insect control, plus liability for any utility damage the planting causes. The division can waive conditions to protect an area's tree population, condition approval on planting a particular species, or deny a permit for just cause tied to site-specific safety concerns even if every condition is technically met. Critically, the division must decide within 14 days of filing; missing that deadline is treated as automatic approval.