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

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

Key Facts

Planting permit
Required for any tree/hedge/shrub in ROW
Species approval
Director must approve species in advance
Replacement ratio
1:1 minimum, or pay City's cost
Replacement deadline
30 days after permitted removal
City authority
May trim/remove for traveler safety

Summary

No one may plant a tree, hedge or shrub in a San Marcos parkway, street or other public property without a written permit and Director-approved species under Chapter 14.20, and removing a public tree carries a one-to-one replacement obligation.

14.20.050 - Permit Required. No Person shall plant any tree, hedge, or shrub upon or within any City Highway, public Highway or public property within the City unless authorized in writing to do so by the Director, or as provided in approved plans or permits. 14.20.060 - Application for Permit. Any Person desiring to plant any tree, hedge, or shrub within any public or City Highway shall file an application with the Director. (a)No Permit for the planting of a tree, shrub, or hedge within any public or City Highway shall be issued by the Director unless the species of the tree, shrub, or hedge to be planted is approved by the Director. The Permit for the planting of a tree, shrub, or hedge may be issued upon such terms and conditions as the Director determines appropriate to protect Persons and property, or may be denied.

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 14 Update 1).

Full Breakdown

20, Article II governs planting in the public right-of-way. 050 makes it unlawful to plant any tree, hedge, or shrub upon or within any City Highway, public Highway, or public property, which under the Code's street definition includes the parkway strip between curb and sidewalk, unless the Director authorizes it in writing or it is part of an approved plan or permit. 060 requires anyone wanting to plant in the public right-of-way to file an application with the Director, and the Director will not issue the permit unless the specific tree, shrub, or hedge species is approved; approval can carry conditions to protect people and property, or be denied outright.

010 makes it unlawful to trim, break, deface, destroy, burn, or remove any tree, hedge, or large shrub on public property or public right-of-way without the Director's written authorization, and any tree removed under a permit must be replaced at least on a one-to-one ratio, or the responsible person must pay the City the cost of replacement, as the Director determines. 030(b) requires anyone who removes a permitted tree, hedge, or shrub to plant a replacement of the type and location the Director specifies within 30 days.

040 separately lets the City itself trim, prune or remove trees, hedges, or shrubs along a City Highway when the Director decides it is necessary to protect the traveling public, funding and staffing permitting, and allows a permittee to pay the City to perform removal work they were already authorized to do.

Violations & Fines

Planting or removing a tree, hedge, or shrub in the parkway or other public right-of-way without the Director's written permit violates Sections 14.20.010 and 14.20.050. Where a permitted tree is removed, Section 14.20.010 requires the responsible person to replace it at a minimum one-to-one ratio or pay the City's determined replacement cost, and a permittee who removes a tree must plant its replacement within 30 days under Section 14.20.030(b).

Frequently Asked Questions

Can I plant a tree in the parkway strip in front of my San Marcos home?
Only with a written permit from the Director under Section 14.20.050, and only after the Director approves the specific tree, hedge, or shrub species you propose under Section 14.20.060. Planting without authorization in the public right-of-way is unlawful.
What happens if I remove a city street tree without permission?
You are in violation of Section 14.20.010, which bars destroying or removing any public tree, hedge, or large shrub without the Director's written authorization. Even with a permit, the responsible person must replace the tree at least one-for-one or pay the City's determined replacement cost.
Who decides which species I can plant in the parkway?
The Director. Section 14.20.060 requires that no planting permit be issued unless the Director approves the species, and the permit can include conditions or be denied to protect people and property.
Can the city remove a tree I planted in front of my house?
Yes. Section 14.20.040 allows the Director to trim, prune, or remove a tree, hedge, or shrub along a City Highway, subject to available funds, staff, and equipment, whenever it is necessary to protect the traveling public or public property.

Sources & Official References

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