If the repair is yours to pay
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Default rule and exceptions
San Jose is unusual: the abutting property owner is responsible for BOTH the street tree (including protecting its critical root zone, San Jose Municipal Code § 13.28.400) AND the adjacent sidewalk (city sidewalk-responsibility page; CA S&H § 5610). So tree-root sidewalk damage is the owner’s cost either way.
Permit required: yes.
| Party | What they are responsible for |
|---|---|
| Property owner | Maintain and, if necessary, replace the adjacent street tree including its critical root zone (§ 13.28.400); maintain the adjacent sidewalk, park strip, curb and gutter (city page; § 5610). |
| City / public agency | The City Trees and Sidewalks team advises; no owner-relief/city-pays program found. |
| Exceptions | None on record |
What the source says
Last verified against the primary source on Sep 27, 2026.
The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street trees, shrubs, hedges or other landscaping adjacent to or fronting on the subject property... maintenance of street trees... includes, but is not limited to: watering, pruning, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone.
As in many cities, San José's Municipal Code, all property owners are responsible for maintaining the sidewalk, park strip area, and curb and gutter adjacent to their property.
City rules rest on state law. Read California's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for tree roots in San Jose, CA?
The property owner. Maintain and, if necessary, replace the adjacent street tree including its critical root zone (§ 13.28.400); maintain the adjacent sidewalk, park strip, curb and gutter (city page; § 5610).
What does the city cover in San Jose, CA?
The City Trees and Sidewalks team advises; no owner-relief/city-pays program found.
Do I need a permit to repair the sidewalk in San Jose, CA?
Yes. The rule on record requires a permit for sidewalk work in the public right-of-way.
What is this based on for San Jose, CA?
This verdict is sourced to San Jose Municipal Code § 13.28.400 (owner maintains adjacent street trees incl. critical root zone) and 2 sources in total, each independently re-checked before publication.
Sources
- San Jose Municipal Code § 13.28.400 (owner maintains adjacent street trees incl. critical root zone)official · verified-official · accessed 2026-09-09
- City of San Jose: Sidewalks & Curb Ramps (owner maintains sidewalk, park strip, curb and gutter)official · verified-official · accessed 2026-09-09
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