California Tree Law in 2026: What Changed and What Did Not

Every few weeks a client forwards me a headline about a "new California tree law." Most of the time the bill in question is about something else, or it died in committee, or it is a regulation that has not taken effect. So I went through each item on the 2026 list and checked it against the Legislature's bill records and the current code text on leginfo.legislature.ca.gov. This page is the result: what actually changed, what did not, and what the real changes mean if you own trees in the Bay Area. I will keep it updated as the year closes out.

The 2025 to 2026 Changelog

Dates are from the bill status pages and code section histories on leginfo.legislature.ca.gov, the Board of Forestry's rulemaking notice, and the Office of Administrative Law's action log, each read on October 12, 2026.

California tree law changelog, 2025 to 2026

Date	Item	What happened	Trees?
Feb. 6, 2025	Executive Order N-18-25	Directed the Board of Forestry to finish Zone 0 rulemaking by December 31, 2025, as described in the AB 1455 digest.	Yes (Zone 0)
Feb. 21, 2025	AB 1467 (Hoover)	Introduced: "An act to add Section 2034 to the Insurance Code," titled "Residential property insurance: tree fire risks." Referred to Assembly Insurance March 13, 2025.	Yes, but died
Oct. 10, 2025	SB 79 (Wiener)	Chaptered, Ch. 512, Stats. 2025. Adds Government Code 65912.155 and following (transit-oriented development). Section 65912.157 does not apply to a local agency until July 1, 2026 unless it adopted a compliant ordinance earlier.	Not named
Oct. 13, 2025	AB 1455 (Bryan)	Chaptered, Ch. 731, Stats. 2025, urgency, effective immediately. Amends Gov. Code 51182 and PRC 4291; adds Gov. Code 51182.4.	Yes (Zone 0)
Jan. 1, 2026	Berkeley BMC 19.49.070	Section 604.3.2 Zone 0 rules take effect in the Grizzly Peak and Panoramic Mitigation Areas (Ord. 7991-NS).	Yes (local)
Jan. 31, 2026	AB 1467	"Died pursuant to Art. IV, Sec. 10(c) of the Constitution." Filed with the Chief Clerk February 2, 2026.	Dead
Feb. 19, 2026	AB 2371 (Hadwick)	Introduced: "An act relating to transportation." Pending referral as of October 12, 2026.	No
Aug. 19, 2026	Board of Forestry Zone 0 regulations	Board adopts emergency regulations adding 14 CCR 1298.01 to 1298.04 and amending 1299.01 to 1299.03. Notice dated August 20; OAL submission planned on or after August 28.	Yes
Sept. 8, 2026	OAL file 2026-0828-03E	"Zone 0 Defensible Space" listed as withdrawn. Board says it is working with OAL on a final review. No effective date.	Yes, pending
Sept. 29, 2026	SB 1079 (Stern)	Chaptered, Ch. 774, Stats. 2026. Adds and repeals PRC 785 and following: "Department of Forestry and Fire Protection: Fire Innovation Unit."	No
No change	Civil Code 833, 834, 841, 3346; PRC 25980 to 25986	Section histories show last amendments in 1872, 1872, 2013, 1957 and 2008 respectively.	Unchanged

Zone 0 and AB 1455: The One Real State Change

AB 1455 is the only 2025 statute that changed the text a tree owner can be cited under. Its digest explains the problem it solved: the executive order set a December 31, 2025 deadline, and the normal Administrative Procedure Act timeline could not meet it. The bill "would require the regulations to be adopted as emergency regulations," lets the Board readopt them, and provides that adoption "does not constitute a project for purposes of CEQA." It also added subdivision (f) to Government Code 51182, which lets a local fire agency adopt "alternative practices" with "substantially similar practical effects" and "does not preclude a local agency from adopting an ordinance designating defensible space requirements that are more stringent than the regulations."

The tree duties already in the statute did not change. Section 51182(a)(2) and PRC 4291(a)(2) still read: "Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe." Subdivision (a)(3) still requires trees adjacent to or overhanging a building to be kept "free of dead or dying wood." What is new is the regulation those statutes point to. The Board adopted it on August 19, 2026, OAL lists the package as withdrawn on September 8, 2026, and as of this writing there is no effective date. The adopted text lets trees stay in the 5-foot zone with live branches 10 feet from chimneys, 5 feet above the roof and not under eaves. I cover the full text, phase-in and permit interaction in Zone 0 and Your Trees.

SB 79 and Local Tree Ordinances

SB 79 is the bill that generated the most "will I lose my trees" coverage, so I read the chaptered text rather than the coverage. The word "tree" does not appear in it. The only match is inside "streetcar," in the definition of light rail. There is no section repealing, suspending or preempting local tree protection ordinances.

What the law does say is broader. New Government Code 65912.157(l) provides that a qualifying transit-oriented housing project "that is consistent with the applicable standards from this chapter, as well as applicable local objective general plan and zoning standards that do not alone or in concert prevent achieving those standards, and as modified by any incentive, concession, or waiver under Section 65915, shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision." Section 65912.159(b) adds that for projects reviewed outside the streamlined track, "any local zoning standard conflicting with the requirements of this chapter shall not apply." Subdivision (j) of 65912.157 requires projects to be consistent with "otherwise applicable objective fire safety standards" including those under Chapter 6.8 of the Government Code, which is where 51182 lives.

So the open question is whether a protected-tree ordinance is a "local objective general plan and zoning standard" that, "alone or in concert," prevents a project from reaching SB 79's density and height. Most Bay Area tree ordinances are not in the zoning title at all: Palo Alto's is PAMC Chapter 8.10, Menlo Park's is MPMC 13.24, Oakland's is OMC 12.36, Los Altos's is LAMC 11.08. Several, like Menlo Park's, are decided on an arborist report with discretionary findings rather than objective criteria. The statute does not resolve how those fit, and I found no court decision on it. I am not a lawyer; I can only tell you the text does not name tree ordinances and does not say they are waived. Section 65912.157(n) says the section "shall not apply to a local agency until July 1, 2026," so the first real tests are only now being filed. If you own a protected tree near a rail or bus rapid transit stop, watch your city's SB 79 implementing ordinance, which cities may adopt under 65912.160(c) and must submit to the state housing department.

AB 1467: Dead

AB 1467 by Assembly Member Hoover was introduced February 21, 2025 as "An act to add Section 2034 to the Insurance Code, relating to insurance," under the topic "Residential property insurance: tree fire risks." It was referred to the Assembly Insurance Committee on March 13, 2025 and never heard. The status page records: "01/31/26 Died pursuant to Art. IV, Sec. 10(c) of the Constitution," then "02/02/26 From committee: Filed with the Chief Clerk pursuant to Joint Rule 56." I did not retrieve the bill text, so I will not characterize what it would have done beyond its title. It is not law and cannot be revived in this session.

AB 2371 and SB 1079 Are Not Tree Bills

Both numbers circulate in search results next to "tree law." Neither is one. AB 2371 (Hadwick) was introduced February 19, 2026 with the one-line title "An act relating to transportation" and, as of October 12, 2026, is listed as "Active Bill - Pending Referral" with no committee assignment. It is a spot bill with no tree content.

SB 1079 (Stern) is "An act to add and repeal Article 4 (commencing with Section 785) of Chapter 2.5 of Division 1 of the Public Resources Code, relating to fire prevention," titled "Department of Forestry and Fire Protection: Fire Innovation Unit." It was signed and chaptered September 29, 2026 as Chapter 774, Statutes of 2026. It creates a unit inside CAL FIRE. It does not regulate private trees, tree removal, or defensible space clearances. If a contractor or a neighbor cites either bill as the reason a tree must come down, the citation is wrong.

What Did Not Change

The neighbor-dispute statutes people ask about most are all unchanged. I checked each section's history line on leginfo on October 12, 2026:

• Civil Code 833: "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another." Enacted 1872, never amended.
• Civil Code 834: trees with trunks partly on two or more adjoining parcels "belong to them in common." Enacted 1872, never amended.
• Civil Code 841: the shared-fence cost statute. Last amended by Stats. 2013, Ch. 86 (AB 1404), effective January 1, 2014.
• Civil Code 3346: damages for wrongful injury to trees, "three times such sum as would compensate for the actual detriment," reduced to double where the trespass was casual or involuntary, with a five-year limitations period. Last amended by Stats. 1957, Ch. 2346.
• Public Resources Code 25980 to 25986, the Solar Shade Control Act: last amended by Stats. 2008, Ch. 176 (SB 1399), effective January 1, 2009. It still bars a tree planted after a neighbor's solar collector from shading more than 10 percent of the collector between 10 a.m. and 2 p.m., and still exempts trees planted first. Full walkthrough: The Solar Shade Control Act: When a Neighbor's Solar Panels Limit Your Trees.

PRC 4291 and Government Code 51182 were amended only by AB 1455 in this period. For the boundary-tree and trimming rules in the context of actual disputes, see California Tree Law and Neighbor Disputes.

What Changed Locally in the Bay Area

The state list is short. The local list is not. These are the ordinance changes recorded in my 45-city ordinance table for the same period:

Bay Area local tree ordinance changes, 2025 to 2026

City	Change
Hayward	HMC Ch. 10, Art. 15 repealed and replaced by Ord. 25-09, adopted September 2, 2025. Pruning branches over 4 inches in diameter on protected trees now needs a permit (10-15.21(1)(i)). New FY 2026 to 2027 fee schedule effective July 1, 2026.
Pleasant Hill	Tree Preservation chapter recodified from 18.50 to PHMC 18.100 by Ord. 978, adopted November 17, 2025. Hazardous-tree emergency removal exempt from the prior permit with notice to the City Manager and an application within five days (18.100.040(C)).
Orinda	OMC Ch. 17.21 amended through Ord. 25-07 (January 13, 2026). Ord. 25-03 (May 6, 2025) made insurance-required removals exempt from the permit (17.21.3.B.7).
Atherton	AMC Ch. 8.10 amended by Ord. 679 (May 20, 2026): all eucalyptus, Bailey, green wattle and black acacia, tree of heaven, mimosa and Monterey pine are exempt at any size. FY 2026 to 2027 fees effective July 6, 2026.
Berkeley	BMC 19.49.070 (Ord. 7991-NS, 2025) Zone 0 standards in effect January 1, 2026 in two mitigation areas. The coast live oak moratorium in BMC 6.52 is unchanged.
Danville	Tree Preservation provisions (Div. 32-79) amended by Ord. 2025-03.

What This Means for a Bay Area Homeowner

If you live in a very high fire hazard zone. The duties you can be cited for today are the statutory ones: nothing within 10 feet of the chimney or stovepipe outlet, no dead or dying wood on trees that touch or overhang the house, and a roof clear of leaves and needles. The 5-foot Zone 0 regulation will add roof clearance, under-eave clearance and ladder-fuel removal, but it is not in effect and existing homes will get a 3-year window once it is. If you are in Berkeley's Grizzly Peak or Panoramic areas, the local rule already applies and inspections began this year. In every city, the fire rule does not replace the tree permit.

If you live near a transit stop. SB 79 changes what your city can refuse on a qualifying parcel. It does not say a word about trees. Whether a city's protected-tree ordinance survives as an "objective standard" for these projects will be worked out city by city after the July 1, 2026 operative date. If a project next door proposes to remove a protected tree, the city's tree permit process still exists on paper; ask the planning department how it is applying it to SB 79 applications.

If you are in a dispute with a neighbor. Nothing changed. Ownership follows the trunk (Civil Code 833 and 834), wrongful injury to a tree still carries double or treble damages (Civil Code 3346), and the Solar Shade Control Act still exempts trees that were there before the panels. The rules that bite are local: which species and sizes your city protects and whether a court order or an insurer's letter excuses the permit. Orinda now says an insurance-required removal does; most cities say nothing of the kind.

If a contractor cites a bill number. Ask for the section of code. AB 2371 and SB 1079 regulate nothing about your trees. AB 1467 is dead. The live state authority over your trees in 2026 is the same as in 2024 plus AB 1455's push on Zone 0, and the live local authority is your city's ordinance, which may well have changed. Use the Permit Checker to see the current rule for your city.

Frequently Asked Questions

Did California pass a new tree removal law in 2026?

No statute regulating private tree removal was enacted in 2026. The only recent state change is AB 1455 (Stats. 2025, Ch. 731, effective October 13, 2025), which amended Government Code 51182 and Public Resources Code 4291 to require the Board of Forestry to adopt Zone 0 ember-resistant zone regulations as emergency rules. The Board adopted those regulations on August 19, 2026; OAL lists the package as withdrawn on September 8, 2026, and it has no effective date. Tree removal permits remain a matter of city and county ordinance.

Does SB 79 override local tree ordinances?

The chaptered text of SB 79 (Stats. 2025, Ch. 512) does not mention trees or tree ordinances. It deems qualifying transit-oriented housing projects consistent with local objective general plan and zoning standards "that do not alone or in concert prevent achieving" its density and height standards (Gov. Code 65912.157(l)), and says conflicting local zoning standards "shall not apply" (65912.159(b)). Whether a protected-tree ordinance is such a standard is not addressed in the statute and I found no court decision on it. The section did not apply to local agencies until July 1, 2026.

Is AB 2371 a California tree law?

No. AB 2371 (Hadwick), introduced February 19, 2026, is titled "An act relating to transportation" and was pending referral with no committee assignment as of October 12, 2026. SB 1079 (Stern), chaptered September 29, 2026 as Chapter 774, creates a Fire Innovation Unit inside CAL FIRE under Public Resources Code 785 and following. Neither regulates private trees, tree removal or pruning.

Did Civil Code sections 833, 834, 841 or 3346 change in 2025 or 2026?

No. The section histories on leginfo show Civil Code 833 and 834 enacted in 1872 and never amended, Civil Code 841 last amended by Stats. 2013, Ch. 86 (effective January 1, 2014), and Civil Code 3346 last amended by Stats. 1957, Ch. 2346. The Solar Shade Control Act, Public Resources Code 25980 to 25986, was last amended by Stats. 2008, Ch. 176, effective January 1, 2009.

Sources checked October 12, 2026: leginfo.legislature.ca.gov bill status and text pages for SB 79, AB 1455, AB 1467, AB 2371, SB 1079 and AB 3074; code sections Gov. 51182, PRC 4291, Civil Code 833, 834, 841, 3346, PRC 25980 to 25986; Board of Forestry Zone 0 notice; OAL action log; BMC 19.49.070; local changes from this site's verified ordinance dataset.