Public Safety & Visibility
Trees can block sightlines, interfere with crosswalks, and drop limbs onto sidewalks. Cities set standards to reduce hazards for pedestrians, cyclists, and drivers.
Street Trees, HOA Trees, and Regulated Tree Ownership
What Homeowners Need to Know When You “Own” the Tree—but Not the Rules
Many homeowners are shocked to learn that some trees on their property are not fully under their control. Street trees, planting-strip trees, and trees governed by HOAs are often owned by the homeowner but regulated by another authority—a city, county, or homeowners association.
That contradiction is where most conflicts begin.
This page explains:
- Why cities and HOAs can control trees you pay for
- Who is responsible for maintenance, damage, and liability
- When permits are required—even for pruning
- How to navigate these rules without making a costly mistake
If you’ve ever thought, “How can they tell me what to do with my own tree?”—you’re not alone.
On this page
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What is a street tree? Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.List Item 1
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Why cities regulate street trees Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.List Item 2
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Who is responsible if a street tree fails Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.List Item 3
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HOA-controlled trees and private rules Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.List Item 4
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Why these situations are so frustrating Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.
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When permits are required Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.
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How an arborist helps Write a description for this list item and include information that will interest site visitors. For example, you may want to describe a team member's experience, what makes a product special, or a unique service that you offer.
What Is a Street Tree?
A street tree is typically a tree located in (or influenced by) the public right-of-way. The homeowner may pay for care, but the city sets the rules.
Where it’s located
- In a planting strip between the sidewalk and roadway
- Within a public right-of-way or easement
- Sometimes just inside a property line but still regulated
Homeowner is usually responsible for
- Pruning
- Maintenance
- Damage caused by failure
The city controls
- Whether the tree can be pruned
- Whether it can be removed
- How work must be performed
- Which species are allowed
In practice:
cities often treat street trees like public infrastructure (similar to sidewalks or utilities)—regardless of who pays.
You Can Own a Tree and Still Not Control It
In regulated tree situations, ownership and control are separate concepts.
- Ownership often determines who pays
- Control determines what is allowed
Cities and HOAs derive authority from municipal code, easements, covenants, and bylaws—not from who planted the tree or whose yard it’s in.
This is why these situations feel so frustrating:
You carry the cost, but not the decision-making power.
Why Cities Regulate Street Trees So Strictly
Street trees often sit in (or interact with) the public right-of-way. Cities regulate them to protect people, infrastructure, and long-term canopy goals—sometimes regardless of who pays for the work.
Utilities & Infrastructure
Street trees share space with power lines, streetlights, signage, sidewalks, and pavement. Rules help prevent conflicts, damage, and expensive repairs.
Canopy, Stormwater & Planning
Urban canopy is treated like a long-term public asset. Many cities regulate pruning and removals to maintain canopy coverage, support stormwater goals, and guide species selection.
Who Is Responsible If a Street Tree Fails?
Responsibility for street trees is one of the most confusing parts of urban tree ownership. In most cases, homeowners pay— but there are important exceptions.
Most of the Time
In many cities, the adjacent homeowner is financially responsible for pruning, maintenance, and damage caused by a street tree—even when the tree is located in the public right-of-way and regulated by the city.
This responsibility often applies regardless of who planted the tree or how long it has been there.
When the City Steps In
If a street tree presents an immediate risk to public safety—such as the potential to fall into traffic, onto pedestrians, or across utilities—the city may intervene directly.
In these cases, municipalities sometimes remove or prune the tree without waiting for homeowner action, especially when delays could result in injury or infrastructure damage.
HOA-Controlled Trees: Private Property, Public-Style Rules
Homeowners associations don’t operate like cities—but when it comes to trees, the rules can feel just as strict (or stricter). In many communities, trees are privately owned but regulated through covenants, conditions, and bylaws.
Where HOAs Regulate Trees
- Common areas behind homes
- Greenbelts and buffer zones
- Slopes, view corridors, or shoreline setbacks
- Even on lots deeded to the homeowner
In these cases, ownership does not equal control.
Common HOA Tree Rules
- Maximum height limits
- Mandatory pruning or topping cycles
- Approved or prohibited species lists
- Architectural or landscape committee approval
- Required removals at the homeowner’s expense
Trees may be healthy and structurally sound—yet still required to be reduced or removed.
Real-World Examples
- Somerset (Bellevue): HOA height limits and view-protection rules
- Innis Arden (North Seattle / Shoreline): strict tree height and view corridor enforcement
- Sand Point communities: covenant-driven pruning and removal requirements
- Normandy Park: city-level rules that function like HOA controls, especially for tree height and views
These rules are enforceable—even when the tree is on private property.
Why These Situations Make People So Angry (And Why That’s Normal)
Conflicts involving street trees and HOA-controlled trees often trigger frustration quickly—not because homeowners are unreasonable, but because multiple pressure points hit at once.
- Loss of autonomy over property decisions
- Unexpected or forced costs
- Vague or highly technical enforcement letters
- Conflicting advice from neighbors, contractors, and officials
You’re not wrong for feeling frustrated.
Most homeowners aren’t opposed to tree care—they’re frustrated by unclear authority and forced compliance Clear, accurate information reduces stress. Poor or incomplete information makes it worse.
When Permits Are Required (Even for Pruning)
In regulated situations, permits may be required for:
- Tree removal
- Structural pruning
- Significant canopy reduction
- Work on protected or significant trees
- Any work in rights-of-way or easements
- Rules vary by city and by tree classification.
Assuming “it’s just pruning” is one of the most common—and expensive—mistakes homeowners make.
How an Arborist Helps in Regulated Tree Situations
A qualified arborist doesn’t just cut trees—they navigate systems.
In street tree and HOA cases, an arborist can:
- Interpret municipal codes or HOA bylaws
- Identify whether a tree is regulated
- Document condition, risk, and defects
- Prepare reports for permits or HOA submissions
- Recommend pruning that meets regulatory standards
- Serve as a professional buffer between homeowner and authority
In many cases, proper documentation can:
- Reduce required work
- Justify alternatives to removal
- Prevent unnecessary disputes
- Protect the homeowner if a tree fails
When Rules Are Flexible—and When They Aren’t
Some regulations allow professional discretion. Others do not.
What matters:
- The specific city or HOA language
- Tree classification
- Risk factors
- Site constraints
- Supporting documentation
- This is why one-size-fits-all advice from forums or neighbors often leads people astray.
Next Steps If You’re Dealing With a Regulated Tree
If you’re unsure about a street tree or HOA-controlled tree:
- Identify who has authority (city, HOA, or both)
- Determine whether the tree is regulated
- Avoid unauthorized work
- Get professional guidance before acting
- Mistakes in regulated tree situations tend to be
expensive, permanent, and avoidable.
Bottom line
Street trees and HOA-controlled trees aren’t just landscaping issues—they’re
regulatory environments. Understanding the rules before acting protects your trees, your property, and your wallet.
🌲Need Help with a Street Tree or Regulated Tree?
Street trees and other regulated trees come with rules that limit what homeowners can do—even when the tree is on your property and you’re paying for the work. Acting without clear guidance can lead to fines, delays, or permanent mistakes.
Sound Tree Care LLC helps homeowners navigate street tree regulations, right-of-way rules, and HOA-controlled tree requirements with clear, code-compliant guidance.
We assist with regulated tree situations including:
- Street trees and planting-strip trees
- Trees in public rights-of-way or easements
- HOA-controlled and covenant-restricted trees
- Permit-required pruning or removals
- Arborist reports for permits, enforcement letters, and disputes
- Risk documentation when public safety is a concern
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Call 206-486-7790 to speak with an arborist experienced in regulated trees
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Request an consultation online through our Client Hub
