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San Jose, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit issuer
City director (Transportation)
Planting zone
Furnishing Zone/Parkstrip
Species cost
Paid by permittee
Maintenance duty
Falls on adjacent property owner

Summary

Planting a street tree in the Furnishing Zone/Parkstrip in San Jose requires a director-issued permit before you dig, and the property owner must maintain and replace any street tree fronting their lot.

A. It shall be unlawful for any person to plant or install any street tree within the city, unless one of the following conditions exists: 1. A permit that allows the planting or installation of the street tree was issued by the director in accordance with this chapter; or 2. There is a valid written contract with the city for the planting or installation of street trees approved by the city manager or city council, as applicable.

Source: SJMC Chapter 13.32View 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 5 Update 3).

Full Breakdown

San Jose Municipal Code § 13.28.300 makes it unlawful to plant or install a street tree anywhere in the city without a permit from the director (Transportation) or a valid city contract, and the permit must specify the applicant, completion deadline, tree species to be purchased at the permittee's expense, and planting location. The tree goes in the Furnishing Zone/Parkstrip, defined at § 13.28.065 as the strip of street between the face of curb and the sidewalk. Under § 13.28.400, the owner of the abutting lot must plant and replace any removed or missing street trees per §§ 13.28.300 and 13.28.310, and must keep them safe and nonhazardous for street users, including watering, pruning, pest control, and clearance maintenance.

Violations & Fines

Planting a street tree without a permit is unlawful under § 13.28.300(A). Failing to maintain or replace a required street tree under § 13.28.400 can make the property owner liable for any resulting damage or injury, and unpermitted work can draw a director's notice of violation under § 13.28.500 with cost recovery or a lien if uncorrected.

Frequently Asked Questions

Can I plant a tree in the parkway strip in front of my San Jose house myself?
Not without a permit. SJMC § 13.28.300 requires a director-issued permit or city contract before any street tree is planted or installed.
Who has to water and prune San Jose street trees?
The adjacent property owner, per § 13.28.400, which also requires 8-foot pedestrian and 14-foot vehicular clearance from the tree.

Sources & Official References

Other rules in San Jose

All San Jose rules

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