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New Braunfels, TX Tree Protection: Parkway Planting (2026)

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

Key Facts

Curb setback
6 feet minimum
Overhead line clearance
10 feet, non-ornamental trees
Underground utility clearance
5 feet without written consent
Maintenance duty
Abutting owner/occupant, at their expense
Governing section
City Code § 118-55(c)-(f)
Adopted
Ord. No. 2006-84, Sept. 11, 2006

Summary

New Braunfels sets exact clearances for trees planted in street rights-of-way under Code of Ordinances § 118-55. Trees must sit at least six feet back from the curb or shoulder edge, ten feet from overhead utility wires unless they're an approved ornamental species, and five feet from underground water, sewer or electric lines absent the utility's written consent. Abutting property owners, not the city, must keep parkway trees safe and trimmed.

(c)Trees shall be planted no closer than six feet from the street's curb or edge of a street's shoulder.(d)Power lines. In no event may trees other than ornamental trees listed in the landscape section of chapter 144, be planted under or within ten lateral feet of any overhead utility wire.(e)Underground utilities. In no event may trees be planted over or within five lateral feet of any underground water line, sewer line, electric line or other utility line unless written consent of utility provider(s) is obtained.(f)Maintenance. It shall be the duty and the obligation of all owners and occupants of real property abutting upon a tree or tree part, including those trees or tree parts situated in the right-of-way, (excluding any median in a street), parkway, utility easement, drainage easement or other public way, to maintain, at the expense of said owner/occupant the tree or tree part in a safe condition and to trim, prune or remove any tree or tree part that is in an unsafe or hazardous condition.

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 36).

Full Breakdown

Section 118-55 of the subdivision chapter governs landscaping placed in the public right-of-way, including the parkway strip between the curb and the sidewalk. Subsection (a) directs that trees and groundcover be preserved wherever possible and limits new plantings to species on the approved plant list found in the chapter 144 landscape section. Subsection (c) fixes the core planting setback: no tree may go closer than six feet to the street's curb or, where there is no curb, the edge of the street's shoulder. That clearance keeps root systems and trunks away from pavement bases and preserves sight lines for vehicles pulling out of driveways.

Subsection (d) adds a second setback overhead: only ornamental trees named on the chapter 144 plant list may be planted under or within ten lateral feet of an overhead utility wire, since larger canopy species would eventually grow into the line. Subsection (e) mirrors that rule underground, barring any tree within five lateral feet of a water line, sewer line, electric line or other utility line unless the owner has secured the utility provider's written consent first. Subsection (f) then shifts the maintenance burden onto private parties: owners and occupants of property abutting a right-of-way, median, parkway, utility easement or drainage easement tree must maintain it at their own expense and must trim, prune or remove any part that becomes unsafe or hazardous, even though the tree sits on public land.

Subsection (g) separately requires developers and lot owners to keep lots clean to the fire marshal's satisfaction after construction. The section traces to Ordinance No. 2006-84, adopted September 11, 2006.

Violations & Fines

Section 118-55 carries no stand-alone fine, so a violation falls under the Code's general penalty, § 1-8: a fine up to $500.00, with each day a hazardous or noncompliant tree remains uncorrected treated as a separate offense. Code enforcement typically issues a written notice to the abutting owner to trim, remove or relocate the tree before citing; a utility provider can also require removal of a tree planted too close to its lines under subsection (e).

Frequently Asked Questions

How close to the curb can I plant a street tree in New Braunfels?
City Code § 118-55(c) requires at least six feet of clearance between any tree and the street's curb or, where there's no curb, the edge of the shoulder. The setback applies to trees planted in subdivision rights-of-way and parkway strips, and it keeps root systems clear of the pavement base and preserves sightlines for drivers backing out of driveways or turning at intersections.
Who has to maintain a tree growing in the right-of-way in front of my house?
Under § 118-55(f), the owner or occupant of the abutting property is responsible for maintaining any tree or tree part in the right-of-way, parkway, utility easement or drainage easement at their own expense, including trimming, pruning or removing it if it becomes unsafe. The city does not take on that maintenance simply because the tree sits on public land.
Can I plant a large shade tree under a power line in New Braunfels?
Not unless it's on the approved ornamental list in chapter 144's landscape section. Section 118-55(d) bars planting any tree other than a listed ornamental within ten lateral feet of an overhead utility wire, since larger canopy trees eventually grow into the line and create a maintenance and safety hazard.
What happens if I ignore a right-of-way tree that's become hazardous?
Because § 118-55 sets no specific fine, an uncorrected hazard falls under the Code's general penalty in § 1-8: up to a $500.00 fine, with each day the condition continues counted as a separate violation, giving code enforcement leverage to keep pushing for correction rather than issuing a one-time citation.

Sources & Official References

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