Landscaping Not Permitted in Street Swales
Homeowners and business owners may not be aware that landscaping other than grass is not permitted in right-of-way swales and that other improvements in right-of-way swales are not permitted without an engineering permit. The swales accommodate stormwater and utilities, especially water and sewer, as well as electrical power lines, cable, and fiber optics. Some swales are intended to convey stormwater to a drainage inlet. Planting trees in these swales can create a dam and obstruct the conveyance of water to the inlet.
Some swales are intended to retain and percolate stormwater. Excavating, disturbing, or excessively compacting these swales may prevent the stormwater from dissipating in a timely manner. Many of our swales contain buried water mains, and some contain buried gravity sewer mains or pressurized sewer force mains. Tree roots can grow into these underground lines and damage them. If we have to repair water or sewer lines for any reason, trees can create obstacles that delay the execution of the repair work. If swale trees need to be removed to facilitate utility work, they will not be replaced or permitted to be replaced.
The City is replacing many miles of old water mains through the Department of Environmental and Engineering Services (DEES). This work often entails working in the swales, and any obstacles that interfere with the work may delay and add time and money to the project. Any barriers currently situated in the swales have more than likely been constructed without the required permits from DEES. If they obstruct the public right-of-way for public purposes, they will be removed and not replaced nor permitted to be replaced.
If a swale has no utility lines, constructing improvements in the swale can still be problematic. There may be a water or sewer line under the pavement or in the swale on the opposite side of the street. Should that utility line need to be replaced, the City may run a new line to allow the existing line to remain in service until the new line is constructed. When doing this, the City will often run the new utility main in the swale on the opposite side of the street. So, just because there is no underground utility line in your swale doesn’t mean you can improve the swale without impacting future utility work.
The relevant code sections are as follows:
Section 35.0.3(d)(3) Maintenance of Swale Areas “New trees and shrubs shall not be planted in swales where water mains are located. Property owners shall obtain a permit from the Department of Environmental and Engineering Services (DEES) to plant trees and shrubs in the swales where there are no water mains.”
Section 40.704(J)2 Application Required “Anyone planting trees or shrubs within any portion of the non-traveled public rights-of-way (swales, parkways, etc.) within the city shall make written application for said planting to the Department of Environmental and Engineering Services and obtain approval if there are no water mains in the swales. If a tree is planted and has not been approved by the City, it shall be removed by the property owner who planted it if not approved by the City.”
DEES is responsible for maintaining the water and sewer facilities and reviewing and issuing (or denying issuance of) engineering permits. The City does not require property owners to remove existing swale improvements or landscaping and is not issuing permits for any future enhancements or landscaping in the swales. The City requires all new unpermitted improvements and landscaping to be immediately removed per code section 40.704(J)2 provisions.
The only improvements allowed to occur in swales are driveway aprons, your mailbox or grass/sod (no engineering permits required), or other ground cover. Property owners are cautioned against placing anything in their swale without an engineering permit from DEES other than a mailbox. Before you dig, call 8-1-1 to know what’s below the ground to avoid hitting a gas line, a water line, a sewer line, or other buried cable or electrical lines. For more information, please call DEES at 954-972-0828.
