Question: I was reading in the news this week that the residents on Sands Boulevard were being forced to remove all of their palm trees to make way for a sidewalk, even though the city gave permission for the trees to be planted. I was considering planting some nice palms near the street in my front yard, but I don’t want to run into problems like this! What should I do?

– Camille.

Answer: First, thank you for considering planting trees in front of your property! We have been a “Tree City” for many years, but have a long way to go before we will earn the distinction. Residents like you make our community better.

Interestingly, when I was elected back in 2005, the only items allowed in the right of way were a driveway and a mailbox. No trees, plantings or anything else was allowed at the time. The right of way typically is the first 15 feet of “grass” from the paved surface. Many people do not realize that 15 feet is not owned by the homeowner, rather is available for city uses. Additionally, the next 6 feet is an easement for utilities.

We passed an ordinance that allowed trees in the right of way, with a desire that our residents would beautify their homes, their neighborhoods and the entire city. A look around shows we have made a lot of progress in 10 years. However, even though trees are now allowed to be planted in the right of way, the right of way is still under city control. For instance, if the city was required to regrade a swale system, and trees were impeding the flow of stormwater, the trees may need to be removed or relocated. The city does have a right to recoup costs from the property owner for this removal.

The best way to go forward when planting in the front yard is, first, to use common sense. Don’t plan a tall-growing tree directly under or near power lines. Avoid planting a tree in the bottom of a swale in a way that impedes stormwater flow. Next, consider how your trees may be impacted by future growth and development. For instance, if you live on Chiquita Boulevard, there is a chance the road will someday be widened to six lanes. One of those lanes will be in the right of way in front of your house. Obviously, the tree would need to come out.

It is always a good idea to speak with city staff regarding your plan before planting. They may be aware of issues you are not. The good news is the city is just as interested in beautifying as you are, so you will find them helpful. Your taxes, in part, pay for the experts that can assist you. Don’t be shy in using this resource!

I know the gentleman on Sands Boulevard says he was never thanked for planting his trees by the city. Allow me to personally thank you, him, people like Joe Stonis who dedicated much of his life to beautifying our city, and all residents who take pride in their property.

-Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.

his article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.