Margate, FL Tree Protection: Parkway Planting (2026)

Section 35-0.3 of the Margate Code defines a swale as the portion of the public right-of-way between the edge of pavement and the boundary of the adjacent property. That strip is city right-of-way, but the owner of the abutting property carries the duty to maintain its slope, function and safety, while the City keeps responsibility for drainage and utility infrastructure inside it.

Planting is the one swale activity that needs approval before the shovel goes in. Subsection (d)(3) bars new trees and shrubs outright in any swale where water mains are located. Where there are no water mains, the property owner must obtain a permit from DEES to plant trees and shrubs. Subsection (d)(4) adds a fixed offset: a new tree cannot be planted within four feet of a sidewalk or curb.

The four-foot offset is written for trees. Shrubs are governed by the water-main bar, the DEES permit requirement and the 24-inch maximum height in subsection (d)(1). Whatever goes in the ground must also be maintained so it does not impede pedestrian or vehicular traffic, or any other essential service or activity, and the owner stays bound by the appearance standards in chapters 22 and 23 of the Code, specifically section 23-5(a)(5).

Planting choices carry a later pruning duty. Trees must be pruned to leave eight feet of vertical clearance over sidewalks and fourteen feet over roadways, so a tree placed near the four-foot line becomes a recurring maintenance job for the abutting owner. Section 35-0.3 does not set a species list, a minimum trunk size or a permit fee. Chapter 35 was rewritten in its entirety by Ord. No. 2023-3, adopted July 5, 2023, and the current swale text carries that ordinance as its history note.