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Novato, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Approved list
Approved Street Tree List, approved by city council
List filed with
The city clerk
Off-list planting
Written permit from the director first
Tall trees near utilities
Over twenty-five feet at maturity, keep 10 feet from lines or poles
Replanting condition
Within six months of permit issuance
Digging near trees
No trenching within five feet without permit

Summary

In the City of Novato, California, every tree or shrub planted in or projecting over a public right-of-way must be on the council-approved Approved Street Tree List unless the director issues a written permit. Trees reaching more than twenty-five feet at maturity stay 10 feet from utility lines under Novato Municipal Code § 17-3.4.

The city engineer and community development director are hereby charged with the duty of promptly determining the types and species of street trees and shrubs suitable and desirable for planting and the areas in which and conditions under which such street trees and shrubs shall be planted and maintained within the public areas of the city. ... All trees and shrubs hereafter planted in or which may project over or under the public rights-of-way of the city must be on the "Approved Street Tree List," unless a written permit from the director shall have first been obtained to plant a tree not on this list. Any trees that will reach a height greater than twenty-five feet at maturity shall not be placed within 10 feet (measured horizontally of utility lines/poles) without prior written approval of the community development director. The director shall consult with the utility company having jurisdiction before approving the permit.

Full Breakdown

Novato Municipal Code § 17-3.4 builds street tree planting around a list. The city engineer and the community development director determine which species of street trees and shrubs are suitable for planting, the areas, and the conditions of planting and maintenance in public areas, and they also pick species suitable for private property that project over or under the public rights-of-way. The director reports the findings in writing to the city council. Once the council approves, the report is the "Approved Street Tree List," filed in the office of the city clerk, and it can be revised from time to time the same way.

The rule that follows is binding on private owners as well as the City. All trees and shrubs planted in, or projecting over or under, the public rights-of-way must appear on the list, unless the director has first issued a written permit for a tree not on it. Any tree that will reach a height greater than twenty-five feet at maturity cannot go within 10 feet, measured horizontally, of utility lines or poles without prior written approval of the community development director, who consults the utility company having jurisdiction before approving.

Section 17-3.7(b) adds the planting process. No one plants a tree or shrub within or adjacent to a public right-of-way, park or playground until the tree and its location are approved and a permit is granted. Planting follows the street tree and shrub planting and pruning standards and specifications on file at the department of community development, and only trees on the Approved Street Tree list go in or next to the right-of-way. Section 17-3.6 requires a written application describing the work, location, tree types and reasons, and an encroachment permit under section 15-2 for work in the right-of-way.

After planting, § 17-3.7(a) makes the property owner responsible for adequate water and for root trimming. For removal and replacement under § 17-3.7(c), the director can require replanting within six months of permit issuance, and security for performance. Stump removal goes to a depth of at least one foot below the ground surface, with the hole backfilled and tamped. Section 17-3.14 separately bars excavating a ditch, tunnel or trench, or laying a drive, within a radius of five feet of any tree or shrub without a permit for a street tree.

Violations & Fines

Planting an unlisted tree in the right-of-way without the director's permit violates § 17-3.4, and § 17-4.1 makes violations of the chapter an infraction punished under § 1-5.1, with a fine not exceeding $1,000 or imprisonment not exceeding six months, or both. Trees found to be a public nuisance are abated at the owner's expense under §§ 17-3.10 and 17-3.13, and unpaid costs become a lien on the parcel.

Frequently Asked Questions

Where do I find which trees I can plant on a Novato street?
The Approved Street Tree List, approved by the city council under § 17-3.4, is on file in the office of the city clerk. It covers street trees and shrubs for public areas as well as species for private property that project over or under the public rights-of-way. The planting and pruning standards are on file at the department of community development.
Can I plant a tree that is not on the list?
Only with a written permit from the director, obtained before planting. Section 17-3.4 requires every tree or shrub planted in or projecting over or under the public rights-of-way to be on the list unless the director has issued that permit. Section 17-3.7(b) repeats that only listed trees go in or next to the right-of-way.
How close to power lines can a tall tree go?
Any tree that will reach a height greater than twenty-five feet at maturity cannot be placed within 10 feet, measured horizontally, of utility lines or poles without prior written approval of the community development director. The director consults the utility company having jurisdiction before approving the permit under § 17-3.4.
Do I need a permit just to plant a parkway tree?
Yes. Section 17-3.7(b) says no one plants a tree or shrub within or adjacent to any public right-of-way, park or playground until the tree and its location are approved and a permit is granted. Section 17-3.6 also requires an encroachment permit under section 15-2 for work in the public right-of-way.

Sources & Official References

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