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Rochester Hills, MI Tree Protection: Parkway Planting (2026)

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

Key Facts

Curb/hydrant/driveway clearance
10 feet, all tree types
Streetlight clearance
25 feet, shade and evergreen trees
Sidewalk clearance
5 to 10 feet by tree type
Underground utility clearance
5 feet, all tree types
Corner clearance triangle
No trees within 25 feet of corner
Permit required
Right-of-way permit under Section 94-33

Summary

Rochester Hills sets minimum planting distances for every street tree planted in a public right-of-way under City Code Section 106-56. Deciduous shade and evergreen trees need 10 feet from curbs, hydrants and driveways and 25 feet from public streetlights and overhead utility lines; sidewalk clearance runs 5 to 10 feet depending on species. The Planning and Economic Development director can allow closer spacing only if it will not create an unsafe condition.

(2)Spacing and distance requirements. The planting of new street trees shall conform to the following minimum spacing and distance requirements, unless the director determines closer spacing or a lesser distance will not create an unsafe condition, threaten pedestrian or traffic safety, interfere with public utilities or public improvements, or be too close to allow for the tree to grow to mature size:a.Minimum planting distances. Minimum planting distances shall be as follows: Tree Type From Fixed Objects Deciduous Shade Evergreen Ornamental Shrub Curbs or street edge 10 feet 10 feet 10 feet 10 feet ... Sidewalks/pathways 5 feet 10 feet 10 feet 5 feet

Full Breakdown

Division 2 of Chapter 106 governs trees the city plants, or that an adjacent owner plants, within a street or road right-of-way. Section 106-56 sets the minimum planting distances for new street trees measured from fixed objects: 10 feet from curbs or the street edge, 10 feet from hydrants, 10 feet from driveways, 25 feet from public streetlights for deciduous shade and evergreen trees (10 feet for ornamentals), 25 feet from overhead utility lines for shade and evergreen trees, and 5 feet from underground utility lines for every tree type.

Sidewalk and pathway clearance runs from 5 feet for shrubs and deciduous shade trees up to 10 feet for evergreen and ornamental trees. Where a tree lawn is at least eight feet wide, trees go halfway between the sidewalk and the street, and a private property owner cannot plant in a tree lawn narrower than eight feet; evergreens need a tree lawn of at least 20 feet. No tree may go in the corner clearance triangle formed by the first 25 feet of right-of-way in each direction from a corner, and any tree near a road with a speed limit over 35 mph must sit at least 15 feet from the curb or road edge.

The director of Planning and Economic Development can approve closer spacing only after determining it will not create an unsafe condition, threaten safety, interfere with utilities, or crowd out the tree's mature size, and every planting by an adjacent private owner still needs a right-of-way permit under Section 94-33 before work starts.

Violations & Fines

Chapter 106 has no separate fine schedule for a spacing violation, so a street tree planted in violation of Section 106-56 falls under the citywide default in Section 1-16: a misdemeanor punishable by up to 90 days in jail, a fine of up to $500.00, or both. A person who plants a street tree without the required permit under Section 106-58(d) can also be ordered to remove it at that person's own expense if the director finds it was not planted in accordance with the article.

Frequently Asked Questions

How far from the curb must a street tree be planted in Rochester Hills?
Deciduous shade and evergreen street trees need 10 feet of clearance from curbs, hydrants and driveways, 25 feet from public streetlights and overhead utility lines, and 5 feet from underground utility lines under Section 106-56(2)a. Sidewalk clearance is 10 feet for those two tree types, while ornamental trees and shrubs need only 5 to 10 feet from the same fixed objects.
Can a homeowner plant a street tree in Rochester Hills?
Yes. An adjacent private property owner may plant a street tree at their own cost, but only after obtaining a right-of-way tree permit under Section 94-33, per Section 106-58(a). There is no permit fee for the planting itself, but the director sets the location, size, species and variety as a condition of the permit, and the city can later prune or remove the tree without paying the owner.
Can the city allow closer spacing than the standard table?
The Planning and Economic Development director may allow a shorter distance under Section 106-56(2) after determining that the closer spacing will not create an unsafe condition, threaten pedestrian or traffic safety, interfere with public utilities or improvements, or crowd the tree so it cannot reach mature size. Absent that determination, the standard table distances in the section control the planting.

Sources & Official References

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