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Newport Beach, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing section
NBMC § 13.09.010
Trigger
New building or 50%+ floor-area increase
Minimum tree size
36-inch box
Cost borne by
Property owner (§ 13.09.020)
Waiver authority
City Manager (§ 13.09.040)

Summary

Newport Beach requires anyone who builds a new building, moves a building onto vacant land, or expands an existing main building's floor area by more than 50 percent to plant a parkway tree at least a 36-inch box in size at their own cost, with automated irrigation, per City species rules.

Any person who constructs a new building, who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size shall be responsible for planting trees in the parkway abutting the building site in accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty-six (36) inch box of the type, variety and/or species determined by the City in accordance with the City Street Tree Designation List. Automated irrigation shall be established for the newly planted tree from the property under construction.

Full Breakdown

010, ties the parkway tree obligation to construction activity: a person who constructs a new building, causes a building to be moved onto vacant land, or increases an existing main building's original floor area by more than fifty percent must plant a tree in the parkway abutting the building site, following City rules, regulations and policies. The required tree must be at least a thirty-six inch box specimen, and its type, variety and species come from the City Street Tree Designation List rather than the owner's preference.

The construction project must also establish automated irrigation for the newly planted tree. If the City determines that the location, terrain or condition of the property makes planting in the abutting parkway impractical, the City itself plants the thirty-six inch box tree at a City-designated location instead, so the requirement is not simply waived, it is relocated. 020 places the full cost of purchasing and planting the required tree on the property owner, not the City. 030 splits ongoing maintenance: the abutting property owner must water and fertilize the parkway tree, while the City takes responsibility for pruning and spraying it. 010 requirements upon written application, if the location, terrain or condition of the property or surrounding properties makes the planting unnecessary or impractical.

Violations & Fines

Building without complying with the parkway tree planting requirement can hold up final approvals tied to the construction project, since Section 13.09.010 makes planting a condition tied to the triggering construction activity itself (new building, relocation, or a floor-area increase over 50 percent). An owner who neglects post-planting watering and fertilizing duties under Section 13.09.030 risks the tree's decline and possible City-ordered replacement at the owner's expense under Section 13.09.020's cost-responsibility rule.

Frequently Asked Questions

When must a Newport Beach property owner plant a parkway tree?
Under NBMC Section 13.09.010, the duty is triggered by constructing a new building, moving a building onto vacant land, or increasing an existing main building's original floor area by more than 50 percent. The tree must be at least a 36-inch box of a species drawn from the City's Street Tree Designation List, with automated irrigation installed.
Who pays for the required Newport Beach parkway tree?
The property owner pays all costs of purchasing and planting the tree under Section 13.09.020. After planting, the owner also handles watering and fertilizing under Section 13.09.030, while the City takes over pruning and spraying duties for that tree going forward.
Can the parkway tree requirement be waived in Newport Beach?
Yes. Section 13.09.040 lets the City Manager or a designee grant a written waiver from all or part of the planting requirement upon written application, if the location, terrain, or condition of the property or surrounding properties makes planting unnecessary or impractical.

Sources & Official References

Other rules in Newport Beach

All Newport Beach rules

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