Madera, CA Tree Protection: Parkway Planting (2026)
Key Facts
- Effective date
- July 1, 1965
- Approving official
- Director of Parks and Community Services
- Review criteria
- Surface roots, disease, leaf drop
- Applies to
- Public property, rights-of-way, overhanging trees
- Penalty basis
- Up to $1,000 fine, 6 months jail (§ 1-2.01)
Summary
Madera Municipal Code § 4-6.01 bans planting or transplanting any tree on public property, a street right-of-way, or on private land so it overhangs the right-of-way, unless the species sits on the City Council's approved street tree list. Property owners who want a different variety must get written authorization from the Director of Parks and Community Services before planting.
Except as hereinafter provided, from and after July 1, 1965, no tree or trees shall be planted or transplanted on public property or rights-of-way or planted on private property so as to hang over public property except those trees designated upon an approved street tree list as specified by resolution of the Council. In the event any person desires to plant a tree within a public right-of-way, or which may overhang a public right-of-way, which tree is not upon the approved street tree list, such planting may be permitted if authorized by the Director of Parks and Community Services. The Director of Parks and Community Services shall not issue any such permit unless he or she finds and determines that such tree is of a variety having desirable characteristics with regard to surface roots, disease, falling leaves, and other qualities pertinent to the maintenance of preferable street trees in the city.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-50: Current through Ordinance 1010 C.S., passed 6-5-24).
Full Breakdown
Adopted in 1965 and amended in 1982 (Ord. ; Ord. 01 has governed street tree planting in Madera since July 1, 1965. The rule reaches three situations: trees planted on public property, trees planted within a public right-of-way, and trees planted on private property that will grow to overhang public property. In each case the tree must come from the approved street tree list the City Council sets by resolution. A resident who wants to plant something not on that list, whether in the parkway strip or on private ground near the sidewalk, has to apply to the Director of Parks and Community Services for authorization first.
The Director cannot approve the request on a whim: the code requires findings that the proposed variety has desirable characteristics for surface roots, disease resistance, and leaf drop, along with other qualities pertinent to the maintenance of preferable street trees in the city. 04. 01, which also lets the city treat a nonconforming planting as a summarily abatable public nuisance. There is no separate parkway-planting fee schedule in this chapter; the review is a staff determination rather than a hearing process, and the code does not set a response-time deadline for the Director's decision.
Violations & Fines
Planting or allowing an unlisted, unauthorized tree to overhang the public right-of-way is a code violation under the citywide penalty at § 1-2.01: a misdemeanor punishable by up to $1,000 and six months in jail, though most ordinance breaches since 1981 are charged as infractions under Cal. Gov't Code § 36900 unless a later ordinance says otherwise. Each day the planting remains is a separate offense, and the city may summarily abate it as a public nuisance.
Frequently Asked Questions
Can I plant any tree in the Madera parkway strip?
Who approves an off-list street tree in Madera?
What happens if I plant an unapproved tree anyway?
Sources & Official References
Other rules in Madera
California rules heatmap·Compare Madera to another location·View the California tree protection overview
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