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Merced County, CA Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing section
Zoning Code § 18.36.050(H)
Applies in zones
M-H, R-1, R-1-5000, R-2
Required frequency
One tree per parcel, front setback
Approval needed
Planning Department and Public Works
Species rule
One drought-resistant species per subdivision
Replacement duty
Removed tree must be replaced

Summary

Unincorporated Merced County requires subdivision developers to plant a street tree on every residential lot before homes are occupied. Zoning Code Section 18.36.050(H) applies in the M-H, R-1, R-1-5000, and R-2 zones and ties species selection to Table 3-6's front-setback spacing, with removed trees required to be replaced one-for-one.

These county ordinances apply to unincorporated areas of Merced County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Street Trees.

2. Street trees shall be planted by subdivision developers in the following residential zone (See Table 3-6: Residential Front Setback Landscaping): a. M-H (Single-family mobile home residential); b. R-1 (Single-family residential); c. R-1-5000 (Single-family residential); and d. R-2 (Two-family residential). 3. Street trees shall be planted subject to the following: a. The location and type of tree shall be approved by the Department and the Department of Public Works. b. The types of trees should be limited to those that are not conducive to damaging house foundations or sidewalks. One specific species of drought-resistant tree should be required per subdivision. c. The type of tree shall be determined prior to the recording of the final map and installed prior to occupancy of each residence unless approved otherwise. d. An adequate means of maintenance shall be provided subject to the approval of the Department and the Department of Public Works. 4. Street Tree Replacement. If a street tree is removed, it shall be replaced with another street tree.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).

Full Breakdown

36: aesthetic enhancement, water conservation through indigenous or drought-tolerant species, and reduction of heat and glare. The requirement attaches to subdivision developers in four residential zones, cross-referenced against Table 3-6 (Residential Front Setback Landscaping): one tree per parcel in the 15-foot front setback for R-1 and R-1-5000, one tree per parcel in the 10-foot front setback for M-H, and one tree per parcel in the 20-foot front setback for R-2. The Planning Department and the Department of Public Works must jointly approve both the location and the species before installation, and species are limited to types that will not damage house foundations or sidewalks as they mature; the code directs that one specific drought-resistant species be used per subdivision so plantings read as a consistent streetscape.

The exact tree type has to be locked in before the final map records, and the trees themselves installed before occupancy of each residence unless the Department approves a different schedule. Maintenance responsibility also requires Department and Public Works sign-off on an adequate ongoing watering and care plan. 050(H)(4) requires it be replaced with another street tree, not simply removed or paved over. Multi-family and R-3/R-4 zone screening and interior parking-lot tree requirements are handled separately under subsections F and G of the same section and are not part of this residential street-tree standard.

Violations & Fines

Street tree requirements are conditions of subdivision and building permit approval enforced by the Merced County Planning Director; failure to install or maintain required trees can hold up final inspection or occupancy sign-off. Because the Zoning Code carries no standalone penalty clause, a completed violation falls under Merced County Code Section 1.28.030's general infraction schedule: up to $100 for a first offense, $200 for a second within a year, and $500 for each further offense, with the zoning inspector or planning director authorized under Section 1.20.020 to issue the citation.

Frequently Asked Questions

Does my new home in unincorporated Merced County need a street tree?
Yes, if your lot is in the M-H, R-1, R-1-5000, or R-2 zone and was created through a subdivision. Section 18.36.050(H) requires the developer to plant one tree per parcel in the front setback, with the species and location approved by the Planning Department and Public Works before the final map records.
Can I remove my Merced County street tree?
You can remove a dead or hazardous tree, but Section 18.36.050(H)(4) requires it be replaced with another street tree. Removal without replacement leaves the parcel out of compliance with the recorded subdivision landscape condition and can draw a citation from the zoning inspector.
Who picks the street tree species for a Merced County subdivision?
The Planning Department and the Department of Public Works jointly approve the type and location under Section 18.36.050(H)(3). The code favors drought-resistant species that will not damage foundations or sidewalks, and one species is typically locked in per subdivision for a consistent streetscape.

Sources & Official References

Other rules in Merced County

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