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Modesto, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing sections
Modesto Code §§ 7-5.02, 7-5.04
Subdivider duty
~1 tree per lot; 2-3 on corners
City maintenance
City maintains right-of-way trees
Owner duty
Water abutting street trees
Plan authority
Public Works Dept. and City Council

Summary

Modesto's Street Tree Plan under § 7-5.02 sets the varieties and locations planted in the public right-of-way, and § 7-5.04 assigns planting duties: subdividers must supply about one tree per lot (two or three on corners), the City maintains right-of-way trees, and abutting owners must water them.

(a)Except as otherwise provided in this section, the subdivider of a subdivision or parcel map shall supply and plant approximately one (1) tree per lot, excepting corner lots, where two (2) or three (3) trees shall be planted.(b)The City shall maintain street trees in all rights-of-way and planting easements within the City.(e)The property owner shall be responsible for watering street trees located in a right-of-way or easement abutting his or her property.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).

Full Breakdown

and administered by the Public Works Department. 02 directs the Department, working with the Community and Economic Development Department, to prepare a Street Tree Plan covering the types, varieties and locations of street trees for commercial, industrial and neighborhood zones; the Planning Commission reviews it and the Council adopts and amends it by resolution, with the Director able to modify tree varieties within the plan's general categories. 04 assigns the planting obligation itself: except as otherwise provided, the subdivider of a subdivision or parcel map shall supply and plant approximately one tree per lot, excepting corner lots, where two or three trees shall be planted.

Once planted, the City takes over maintenance of street trees within all rights-of-way and planting easements citywide, and can plant trees in subdivisions just outside the City by agreement at a Council-set fee no lower than the in-City rate; the City will not maintain trees outside its limits except by special agreement, nor maintain trees on private property outside the right-of-way. Subsection (e) puts a narrow duty back on the adjacent owner: the property owner is responsible for watering street trees located in the right-of-way or easement abutting the property.

03 gives the Director authority to remove or replace right-of-way trees and to enter adjacent property, with the owner's permission, to plant or maintain street trees, or without permission if a tree poses an immediate public-safety threat. 04(f), and any resulting relocation costs are minimized through the Director's review.

Violations & Fines

There is no separate planting-specific fine; a subdivider or owner who ignores the planting duty, or who plants unauthorized species or locations without Director approval under § 7-5.06(a) and (e)(10), is subject to the citywide penalty in § 1-2.01, a misdemeanor carrying up to a $1,000 fine and a year in county jail, or an infraction up to $500, with each day a separate offense.

Frequently Asked Questions

Who decides what trees are planted along Modesto streets?
The Public Works Department prepares the Street Tree Plan with input from the Community and Economic Development Department; the Planning Commission reviews it and the City Council adopts it by resolution under § 7-5.02, and it sets the varieties and locations allowed in commercial, industrial and neighborhood zones.
Who has to plant street trees in a new subdivision?
The subdivider does. Section 7-5.04(a) requires the subdivider of a subdivision or parcel map to supply and plant about one tree per lot, and two or three trees on corner lots, as part of developing the property.
Does the City or the homeowner maintain parkway trees?
The City maintains street trees in all rights-of-way and planting easements under § 7-5.04(b), but § 7-5.04(e) puts the watering duty on the abutting property owner, so owners still have to keep the tree watered even though the City handles broader upkeep.
Can I plant my own tree in the parkway strip?
Not without approval. Section 7-5.06(a) bars removing, trimming or altering any street tree in a right-of-way without the Director's permission, and § 7-5.06(e)(10) requires Director approval, in consultation with the City Arborist, before planting anything besides grass in the right-of-way or easement.

Sources & Official References

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