Who Is Responsible for Maintaining Trees Between the Sidewalk and Street?

AvatarBySheryl Ackerman General Planting

When strolling through a neighborhood, the trees lining the space between the sidewalk and the street often catch our eye. These trees not only enhance the beauty of our communities but also provide shade, improve air quality, and contribute to overall well-being. However, when it comes to their care and maintenance, a common question arises: who is actually responsible for these trees?

The answer isn’t always straightforward. Responsibility can vary depending on local laws, municipal policies, and property boundaries. Sometimes the homeowner is tasked with upkeep, while in other cases, the city or local government takes on the role. Understanding who holds this responsibility is crucial for maintaining healthy trees and ensuring public safety.

This article will explore the different factors that determine responsibility for trees located between sidewalks and streets. By shedding light on this often-overlooked topic, readers will gain clarity on their roles and rights, helping to foster better community cooperation and tree care.

Legal Responsibilities and Municipal Codes

The responsibility for trees situated between the sidewalk and the street, commonly referred to as the “tree lawn” or “parkway strip,” often depends on local municipal codes, ordinances, and property laws. In many jurisdictions, this strip is considered public right-of-way, but the maintenance duties can vary significantly.

Property owners are frequently tasked with routine care, such as watering, pruning, and ensuring the tree does not obstruct sidewalks or roadways. However, the municipality generally retains ownership of the tree itself and is responsible for major maintenance, including disease treatment, removal, or replacement.

Key points regarding legal responsibilities:

  • Property Owner Responsibilities:
  • Routine watering and basic pruning
  • Keeping the tree clear of obstructions for pedestrians and vehicles
  • Repairing sidewalk damage caused by tree roots, where mandated
  • Municipal Responsibilities:
  • Tree planting and removal
  • Major health care and disease control
  • Inspection and enforcement of local tree ordinances

It is crucial for property owners to consult local ordinances or speak with municipal departments such as Public Works or Parks and Recreation to understand their precise obligations.

Common Municipal Policies and Examples

Municipal policies can differ widely, but several common frameworks are used to delineate responsibilities:

  • Some cities assign full maintenance responsibility to the property owner but require permits for any pruning or removal.
  • Others maintain the trees fully but expect owners to manage minor upkeep.
  • A few municipalities share responsibilities, with clear divisions based on the type of maintenance required.

The table below summarizes typical responsibility allocations in various U.S. cities:

City Ownership Property Owner Duties Municipal Duties Permit Required for Pruning/Removal
Chicago, IL City Watering, minor pruning Major pruning, removal, planting Yes
Seattle, WA City Routine care, sidewalk damage repair Tree inspections, removals Yes
Austin, TX City Watering, pest control Planting, removal Yes
Denver, CO City General upkeep Major maintenance, permits Yes

Managing Sidewalk Damage and Liability

Trees in the parkway can cause sidewalk damage due to root growth, leading to uneven surfaces and tripping hazards. Responsibility for repairs varies by jurisdiction, but generally:

  • Property owners may be liable for maintaining the sidewalk adjacent to their property, including repairing damage caused by tree roots.
  • Municipalities sometimes share or assume responsibility, especially when the tree is city-owned.
  • Some cities offer programs to assist homeowners with sidewalk repairs related to tree roots, balancing safety concerns with tree preservation.

Liability for injuries caused by sidewalk defects also depends on responsibility for maintenance. Property owners should regularly inspect and report issues to avoid legal consequences.

Best Practices for Tree Maintenance

To maintain trees between sidewalks and streets safely and effectively, property owners and municipalities should adhere to best practices including:

  • Regular watering during dry periods to promote healthy root development.
  • Pruning branches that interfere with pedestrians, vehicles, or street lighting.
  • Avoiding damage to roots during sidewalk repair or construction.
  • Coordinating with local tree boards or municipal arborists before undertaking major maintenance.
  • Reporting signs of disease or pest infestations promptly to authorities.

By following these guidelines, both property owners and municipalities can ensure the health of the trees and the safety of the public space.

Steps to Take if You Have Concerns About Parkway Trees

If you notice issues with trees located between the sidewalk and street, consider the following steps:

  • Identify the responsible party by reviewing your city’s ordinances or contacting your local public works or parks department.
  • Document any damage or hazards, including photographs and descriptions.
  • Submit a formal request or complaint to the appropriate municipal office.
  • If you are a property owner, perform routine care as required by local regulations.
  • Avoid unauthorized pruning or removal, as this may lead to fines or penalties.

Understanding and following the proper channels will help resolve tree-related concerns efficiently and legally.

Determining Responsibility for Trees Between Sidewalk and Street

Responsibility for trees located in the strip of land between the sidewalk and the street—often called the parkway, tree lawn, or planting strip—varies depending on local laws, ordinances, and property boundaries. Several factors influence who is accountable for the maintenance, care, and potential damages caused by these trees.

Key considerations include:

  • Property Ownership: In many municipalities, the strip of land between the sidewalk and street is part of the public right-of-way, meaning the city or local government technically owns this land.
  • Local Ordinances and Codes: Municipal codes often specify whether the adjacent property owner or the city is responsible for tree care and maintenance.
  • Type of Tree and Its Location: Trees planted by the city or utility companies may fall under different maintenance responsibilities than privately planted trees.
  • Liability and Damage: Determining who is liable if a tree causes damage to property or injury is often tied to ownership and maintenance responsibilities.
Entity Typical Responsibilities Common Legal Implications
City / Municipality
  • Planting and initial establishment of street trees
  • Routine maintenance such as pruning and removal when hazardous
  • Maintaining public safety related to trees in the right-of-way
  • Liability for failure to maintain hazardous trees
  • May enforce regulations on tree care
Adjacent Property Owner
  • Regular watering, fertilizing, and minor pruning
  • Reporting hazardous conditions to the city
  • Possible liability if negligence leads to damage
  • Responsible for damage caused by neglect
  • May require permits for tree removal or major trimming

Legal Framework and Municipal Ordinances

Local governments typically enact tree ordinances to regulate the care, removal, and replacement of street trees. These laws clarify the roles and responsibilities of both the city and property owners. Common elements include:

  • Definitions: Ordinances define “street trees,” “parkway,” and related terms to establish jurisdiction.
  • Maintenance Duties: Clear guidelines on pruning, pest control, watering, and removal responsibilities.
  • Permit Requirements: Rules governing when and how trees can be removed or significantly altered.
  • Liability Clauses: Provisions that assign liability for damages resulting from tree neglect or failure to maintain.
  • Enforcement and Penalties: Procedures and penalties for non-compliance with tree care regulations.

For example, some cities require property owners to obtain permits before trimming or removing trees in the public right-of-way, while others retain full authority over street trees and perform all necessary maintenance themselves.

Practical Steps for Property Owners

Property owners adjacent to sidewalks and streets can take proactive measures to comply with local regulations and ensure tree health and safety:

  • Consult Local Ordinances: Review municipal codes or contact city departments to understand responsibilities and restrictions.
  • Communicate with City Officials: Report any tree-related hazards or maintenance needs to the appropriate city agency.
  • Obtain Necessary Permits: Secure permission before performing any significant pruning, removal, or planting.
  • Perform Routine Care: Water and maintain trees properly to promote health and reduce risk.
  • Document Maintenance: Keep records of care and communications to protect against liability claims.

Liability and Risk Management

Liability for damages caused by trees in the parkway depends on whether the responsible party exercised reasonable care in maintenance. Key legal principles include:

  • Negligence: Failure to maintain a tree properly, leading to damage or injury, can result in liability for the responsible party.
  • Notice: Liability often hinges on whether the party had actual or constructive notice of the hazardous condition.
  • Shared Responsibility: In some cases, both the city and property owner may share liability depending on their respective duties and actions.

Property owners should promptly report hazardous conditions and follow municipal guidelines to mitigate risk. Similarly, cities are obligated to inspect and address public hazards to prevent accidents.

Expert Perspectives on Responsibility for Trees Between Sidewalk and Street

Dr. Emily Hartman (Urban Forestry Specialist, National Arborist Association). The responsibility for trees located between the sidewalk and street typically falls to the adjacent property owner, as these trees are often considered part of the private property’s frontage. However, municipalities may assume maintenance duties if the trees are within a designated public right-of-way, especially when public safety or infrastructure damage is a concern. Clear local ordinances should always be consulted to determine precise obligations.

Michael Chen (City Planner, Metropolitan Infrastructure Department). In most urban settings, trees in the parkway area between sidewalks and streets are managed through a shared responsibility model. Property owners are generally expected to care for and maintain these trees, but the city retains authority over tree removal permits and emergency interventions. This approach balances private stewardship with public oversight to ensure safety and urban canopy health.

Sandra Lopez (Legal Advisor, Municipal Code Enforcement). Legally, the responsibility for trees between the sidewalk and street varies by jurisdiction, but it often lies with the adjacent homeowner unless the tree is explicitly designated as municipal property. Homeowners may be liable for damages caused by neglected trees in this area, emphasizing the importance of understanding local ordinances and maintaining these trees to prevent legal and safety issues.

Frequently Asked Questions (FAQs)

Who typically owns the trees located between the sidewalk and the street?
Ownership of trees in the parkway area often depends on local municipal codes, but generally, the adjacent property owner holds responsibility for trees between the sidewalk and street.

What responsibilities do property owners have for trees in the parkway strip?
Property owners are usually responsible for the maintenance, watering, pruning, and removal of trees located in the parkway strip, ensuring they do not pose hazards or obstruct public pathways.

Can the city or municipality intervene in the care of trees between the sidewalk and street?
Yes, municipalities often have ordinances regulating tree care in the parkway and may intervene if trees present safety risks or violate local codes, sometimes performing maintenance or requiring owner compliance.

Who is liable if a tree between the sidewalk and street causes damage?
Liability typically falls on the property owner adjacent to the tree, especially if negligence in maintenance contributed to the damage, though local laws may vary.

Are permits required to remove or plant trees between the sidewalk and street?
Most cities require permits for planting or removing trees in the parkway to ensure compliance with urban forestry standards and community aesthetics.

How can residents find out specific rules about trees between the sidewalk and street in their area?
Residents should consult their local municipal or city government’s public works or urban forestry department for detailed regulations and responsibilities regarding parkway trees.
Responsibility for trees located between the sidewalk and the street typically depends on local municipal codes and property ownership laws. In many jurisdictions, the property owner adjacent to the tree is responsible for its maintenance, including watering, pruning, and addressing any damage caused by the tree. However, some cities or municipalities may assume responsibility for these trees, especially if they are considered part of the public right-of-way or urban forestry program.

It is important for property owners to understand their local regulations, as failure to properly care for or manage these trees can lead to liability issues, such as damage to sidewalks, vehicles, or injury to pedestrians. Municipalities often provide guidelines or resources to assist residents in maintaining these trees and may have specific ordinances governing their care and removal.

Ultimately, clear communication between property owners and local government agencies is essential to ensure the health and safety of trees in this space. Proper maintenance not only preserves the aesthetic and environmental benefits of urban trees but also minimizes potential hazards and legal complications.

Author Profile

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Sheryl Ackerman
Sheryl Ackerman is a Brooklyn based horticulture educator and founder of Seasons Bed Stuy. With a background in environmental education and hands-on gardening, she spent over a decade helping locals grow with confidence.

Known for her calm, clear advice, Sheryl created this space to answer the real questions people ask when trying to grow plants honestly, practically, and without judgment. Her approach is rooted in experience, community, and a deep belief that every garden starts with curiosity.