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Salem, OR Tree Protection: Parkway Planting (2026)

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

Key Facts

Development duty
Street trees required for final occupancy
Planting permit validity
Only 180 days from issuance
Permit specifies
Location, variety, grade, planting method
Opt-out option
Pay City-set fee instead of planting
Civil penalty
Up to $2,000 per violation

Summary

Every property owner developing along a Salem street must plant City-approved street trees as a condition of final building occupancy under SRC 86.065(c), with the application filed alongside the building permit and verified at final inspection. Owners who prefer not to plant may instead pay a City-set fee for the City to install the required trees. Planting on City property outside that context needs the Director's written permit.

(b)Any person required to or desiring to plant trees on City property must file a permit application with the City. Upon receipt of an application under this section, the Director shall investigate the location where the tree or trees are to be planted and may grant a permit only if the location will allow for the normal growth and development of each tree. The permit shall specify the location, variety, and grade of each tree and method of planting. The permit shall be valid for 180 days from date of issue.(c)Every property owner whose property abuts upon any street shall plant City trees conforming to the provisions of this chapter as a condition of final occupancy for construction of any building located upon the property. Applications for tree planting shall be made at the time of application for building permits. An inspection shall be made to verify that trees have been planted at the time of the final inspection. In lieu of planting City trees, the applicant may elect to pay a fee for the City to install any required trees as set by resolution of the Council.

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 26 Update 1).

Full Breakdown

Salem folds parkway and street tree planting into its trees-on-City-property chapter, SRC chapter 86, rather than a stand-alone landscaping code. 065(c) makes tree planting mandatory, not optional, for development: every property owner whose property abuts a street must plant City trees conforming to chapter 86 as a condition of final occupancy for any building constructed on the property. The application for tree planting is due at the same time as the building permit application, and City staff verify at final inspection that the required trees are actually in the ground before occupancy is granted.

If an owner would rather not plant, subsection (c) allows an opt-out: pay a fee, set by Council resolution, and the City installs the required trees itself. Beyond the mandatory development duty, subsection (b) covers anyone who wants to plant trees on City property more generally, including parkway strips, outside the building-permit context: that person must file a permit application, and the Director investigates the proposed location and may grant the permit only if it will allow for the normal growth and development of the tree.

An approved permit specifies the location, variety, and grade of each tree along with the planting method, and is valid for only 180 days from issuance, so approved plantings must be completed promptly. Subsection (d) transfers ownership: once a planted tree on City property passes final inspection, it becomes City property and falls under the Director's jurisdiction for future care, removal, and pruning decisions under the rest of chapter 86. 120(c), backs the planting rules along with every other chapter 86 duty, exposing a violator to a penalty of up to $2,000 per violation.

Violations & Fines

Planting the wrong species, skipping the required permit, or occupying a new building without the street trees chapter 86 requires can each trigger enforcement. SRC 86.120(c) sets a civil penalty of up to $2,000 per violation for any failure to comply with chapter 86 or a permit issued under it, and the Director can withhold final occupancy approval or revoke a pending tree permit until the planting requirement is satisfied.

Frequently Asked Questions

Do I have to plant a street tree when I build in Salem?
Yes. SRC 86.065(c) requires every property owner whose property abuts a street to plant City trees conforming to chapter 86 as a condition of final occupancy. The planting application is filed with the building permit application, and inspectors confirm the trees are in place at final inspection before occupancy is approved.
Can I pay a fee instead of planting the required trees myself?
Yes. SRC 86.065(c) lets a property owner elect to pay a fee, set by Council resolution, so the City installs the required trees instead of the owner planting directly. The fee-in-lieu option still satisfies the final-occupancy planting condition attached to the building.
How long is a City tree planting permit good for?
A planting permit issued under SRC 86.065(b) is valid for only 180 days from its date of issue. The Director reviews the proposed location first and will only grant the permit if the site can support normal growth and development of the tree, then specifies location, variety, grade, and planting method.

Sources & Official References

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