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Tempe, AZ Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing sections
City Code §§ 29-39, 29-41, 29-44
Planting standard
City Council-adopted planting specifications
ROW tree list
AZ Dept. of Water Resources Low Water list
Permit needed
Public Works Director permission required
Maintenance duty
Abutting owner irrigates and maintains
Noncompliance remedy
City fixes violation, bills owner, files lien

Summary

Anyone planting or landscaping in a Tempe public right-of-way or park must follow the City's standard planting specifications adopted by Council resolution, and trees planted in the right-of-way (parkways) must come from the Arizona Department of Water Resources' Low Water Using Plant List. A Public Works Director permit is required before planting, moving, or removing any tree or shrub there.

All planting, landscaping and maintenance of planting and landscaping performed in public rights-of-way and public parks shall be accomplished in accordance with City standard specifications for planting and landscaping which shall be the subject of a resolution of the City Council. Trees planted in the rights-of-way, and not in public parks, shall comply with the requirements of the Arizona Department of Water Resources Low Water Using Plant List pursuant to Chapter 5, 5-112A.2 of the Second Management Plan, Second Management Period 1990-2000.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Tempe City Code Section 29-39, part of Chapter 29's Article III on trees and landscaping in public rights-of-way and parks, requires all planting, landscaping, and maintenance work performed in a right-of-way or public park to follow the City's standard specifications for planting and landscaping, which the City Council adopts by resolution. 2 of the Second Management Plan for 1990-2000. Section 29-38 puts the Transportation and Sustainability Director, alongside Public Works, in charge of enforcing all plantings in the right-of-way and parks. Before anyone plants, moves, removes, or replaces a tree or shrub in the right-of-way, Section 29-41 requires permission from the Public Works Director, though low-growing grass and shrubs under two feet do not need a permit as long as they are not allowed to overhang a sidewalk, alley, or walkway.

Licensed landscape contractors and utility companies can get a continuing permit under Section 29-42 that covers ongoing work without a separate approval for each job, but they still must notify the Public Works Director orally before each job and follow the same standard specifications. Section 29-44 then places responsibility for irrigating and maintaining right-of-way trees on the abutting property owner unless a specific agreement says otherwise.

Violations & Fines

Section 29-48 requires the Public Works Director to give written notice by certified mail before taking action on a planting violation. If the violator does not correct the problem within thirty days of receiving that notice, the Director can perform the remedial work and bill the abutting property owner for the cost. Under Section 29-49, an unpaid remedial-work bill becomes a recorded lien against the property, collected the same way as a City improvement district assessment.

Frequently Asked Questions

Do I need a permit to plant a tree in the parkway strip next to my Tempe house?
Yes. Section 29-41 requires permission from the Public Works Director before planting, moving, removing, or replacing any tree or shrub in the public right-of-way, which includes the parkway strip between the sidewalk and curb. Grass and shrubs under two feet tall are exempt as long as they don't overhang the sidewalk.
What kind of tree can I plant in the right-of-way?
Section 29-39 requires right-of-way trees to comply with the Arizona Department of Water Resources' Low Water Using Plant List. On top of that species limit, Section 29-46 separately bans certain species outright, including eucalyptus, elm, ficus nitida, willow, cottonwood, poplar, and pollen-producing olive or mulberry trees, regardless of water use.
Who has to water and maintain a parkway tree once it's planted?
Section 29-44 puts irrigation and maintenance of right-of-way trees on the abutting property owner, unless there's a specific written agreement shifting that duty to the City. Plantings inside medians and parks, by contrast, are maintained by the Transportation and Sustainability Department.

Sources & Official References

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