Portsmouth, VA Tree Protection: Parkway Planting (2026)
Key Facts
- Permit required for
- Planting any tree/shrub on city property
- Issuing office
- Director, Parks, Recreation & Leisure Services
- Permit must show
- Variety, size, and planting location
- Root protection
- 4 sq ft open ground around trunk
- Unpermitted planting
- City may remove without owner notice
- Violation penalty
- Class 3 misdemeanor, § 36-1
Summary
Planting a tree or shrub on Portsmouth city property, including street rights-of-way and parkway strips, requires a permit from the director of parks, recreation and leisure services showing the variety, size and location before anything goes in the ground. Unpermitted plantings can be removed by the city without notice to the abutting owner.
As used in this article, the term "director" shall mean the city's director of parks, recreation and leisure services. ... No person shall plant any tree or shrub on city property without first having obtained a permit from the director showing the variety, size and location of such tree or shrub. The director shall have authority to trim, prune or remove any tree or shrub planted in violation of this section without serving notice upon the owner of the abutting property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Chapter 36, Article II of the Portsmouth Code governs trees and shrubs on city property, and its permit requirement covers what most residents call parkway planting, the strip of city-owned ground between the sidewalk and the curb. Section 36-26 designates the city's director of parks, recreation and leisure services as the official who administers the article. Section 36-27 requires anyone planting a tree or shrub on city property to first obtain a permit from the director specifying the variety, size and location of the planting; if a tree or shrub goes in without that approval, the director may trim, prune or remove it without ever notifying the property owner whose lot abuts the planting.
The article also protects trees once they are in the ground. Section 36-28 bars anyone from pruning, spraying, removing, cutting, girdling, root-cutting or otherwise damaging a city tree or shrub without a permit, and separately prohibits disturbing any protective device around it. Section 36-31 requires that any paving, concrete or other surface material near a city tree leave an open space of at least four square feet of bare ground around the trunk so water and air can still reach the roots. Utility companies face their own rule: § 36-29 bars an electric, telephone or telegraph company from trimming a city tree or shrub without the same director's permit.
Builders working near street trees must comply with § 36-33, which requires guards placed around all nearby trees and shrubs during construction or repair of a building to prevent injury to them.
Violations & Fines
Chapter 36 carries a blanket penalty clause: § 36-1 makes any unspecified violation of the chapter, including planting without a permit or damaging a protected tree, a class 3 misdemeanor. Beyond the criminal charge, § 36-27 lets the director remove or prune an unauthorized planting outright and without prior notice to the abutting property owner, so a resident who plants without a permit risks losing the tree itself in addition to any fine.
Frequently Asked Questions
Do I need a permit to plant a tree in the parkway strip in front of my Portsmouth house?
What happens if I plant a tree in the right-of-way without a permit?
Can I pave or put concrete right up to a city street tree's trunk?
Sources & Official References
Other rules in Portsmouth
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