Not All Tree Rules Are Created Equal
I work across 56 Bay Area cities, and the single most common question I get from homeowners is: "Do I even need a permit for this?" The answer depends entirely on where you live. A tree that is completely unregulated in Piedmont needs a $662 permit application in Palo Alto and can trigger a $10,000 to $50,000 penalty if removed without a permit in Sunnyvale.
I've spent 13 years working with these ordinances: writing arborist reports, attending permit hearings, and watching homeowners get surprised by rules they didn't know existed. That has given me a clear picture of which cities are the most protective of their trees and which give homeowners more leeway.
Key Takeaways
- Tiburon has the lowest threshold: all listed oaks are protected at any size. Mountain View (12-inch circumference for oaks, redwoods, and cedars) and Oakland (4-inch coast live oaks) follow
- Harshest penalties: Sunnyvale ($10,000 to $50,000 per tree), Palo Alto ($10,000 per tree or twice reproduction cost, plus a development moratorium of up to 5 years), San Francisco ($10,000 per tree, $20,000 for repeats), and Danville (3 times appraised value)
- Piedmont, Foster City, and San Rafael have no private tree ordinance at all
- Penalties range from $500 per tree (Redwood City) to $10,000 to $50,000 per tree (Sunnyvale) across the 56 cities
- Protection thresholds run from any size (Tiburon oaks) to 95 inches circumference (Mill Valley coast redwoods)
- Use the 56-city ordinance table to see your city's rules side by side
What Makes a Tree Ordinance "Strict"
I rank cities by the smallest trunk diameter that triggers a permit for a tree on a developed residential lot, converting circumference to diameter. Ties within an inch are broken by species breadth (all-species rules rank above species lists), then by penalty. The detail that follows rests on 5 factors:
Protection threshold. The trunk diameter at which a tree becomes "protected" and requires a permit to remove. Lower thresholds mean more trees are protected. Oakland's 4-inch threshold for coast live oaks catches trees as young as 10 to 15 years old. Compare that to cities that protect only trees over 15 inches.
Species breadth. Some cities protect only specific native species (coast live oak, coast redwood). Others protect any tree above a certain size, regardless of species, so your Italian stone pine, London plane, or even a volunteer eucalyptus could be protected.
Penalty severity. Fines for unauthorized removal range from $500 per tree to $50,000 per tree. Some cities add treble damages (Danville), a development moratorium (Palo Alto, up to 5 years), or misdemeanor exposure.
Pruning restrictions. Many cities allow routine maintenance pruning without a permit, but several set limits. San Mateo treats pruning of more than 25 percent of the crown as major pruning, Los Gatos requires a permit for more than 25 percent over 3 years, and Mill Valley and Los Altos treat removal of more than one-third of the foliage in 12 months as removal.
Replacement requirements. Strict cities require replacement planting at ratios of 2:1 or 3:1, or in-lieu fees that run from about $500 to $2,646 per tree (San Francisco) when planting isn't feasible.
Use our 56-city ordinance table to see your city's thresholds, penalties, and requirements next to other cities'. It's the fastest way to see where your city falls.
The Top 10 Strictest Cities by Threshold
All 35 Cities Comparison Table
Here's every city at a glance, ranked by the smallest trunk diameter that triggers a permit on a developed residential lot (circumference converted to diameter). Ties within an inch are broken by species breadth and then penalty. The strictness label follows the threshold band only. For detailed breakdowns, open each city's permit page.
| City | Region | Protection Trigger | Max Penalty | Strictness (by threshold) |
|---|---|---|---|---|
| Tiburon | Marin | Listed oaks any size; 60″ circ. heritage | Nuisance abatement + cost recovery; no fine schedule | Very Strict |
| Mountain View | South Bay | 12″ circ. oaks, redwoods, cedars; 48″ circ. others | Misdemeanor (max $1,000) + 24″-box replacement or ISA-valued in-lieu | Very Strict |
| Oakland | East Bay | 4″ coast live oak; 9″ any other species | Infraction + replacement up to ISA-appraised value + enforcement costs | Very Strict |
| Hayward | East Bay | 4″ DSH, 17 native species | Fine = 2× permit fee + misdemeanor exposure + mitigation | Very Strict |
| Berkeley | East Bay | 18″ circ. coast live oak only | Misdemeanor: up to $1,000 and/or 6 months | Very Strict |
| Saratoga | South Bay | 6″ natives; 10″ any other tree | Up to $5,000 per tree or replacement value, whichever greater | Very Strict |
| Fremont | East Bay | 6″ natives; 18″ any species | $250 / $750 / $1,000 per tree + mitigation | Very Strict |
| Woodside | Peninsula | 24″ circ. slow natives; 36″ circ. all species | $5,000 first tree / $7,500 second / $10,000 each additional | Strict |
| Los Gatos | South Bay | 8″ four natives and hillside; 12″ developed residential | Up to $5,000 per tree or replacement value, whichever higher; 4× value if development-related | Strict |
| Walnut Creek | Contra Costa | 28″ circ. any species | Up to $200 per inch of circ. (highly protected) or $100 per inch + misdemeanor | Strict |
| San Carlos | Peninsula | 9″ oaks, buckeye, madrone; 11″ any species | Up to $5,000 per tree or appraised value, whichever higher | Strict |
| Pleasant Hill | Contra Costa | 9″ natives; 18″ non-natives | Up to $1,000 per tree or replacement value | Strict |
| Los Altos | South Bay | 10″ natives; 12″ any species | Misdemeanor + appraised value (doubled if paid in cash) or equivalent replacement | Strict |
| Belmont | Peninsula | 10″ natives; 14″ any species | Removal fees + replanting of equal value; stop-work | Strict |
| San Mateo | Peninsula | 10″ oaks; 15″ any species | Up to $10,000 per participant per tree + 48″-box replacement | Strict |
| Menlo Park | Peninsula | 10″ native oaks; 15″ any species | Up to $5,000 per tree or tree value, whichever higher | Strict |
| Danville | Contra Costa | 10″ natives; 36″ heritage any species | Misdemeanor + 3× CTLA-appraised value | Strict |
| Palo Alto | Peninsula | 11.5″ six natives; 15″ most species; 18″ redwood | $10,000 per tree or 2× reproduction cost, whichever higher + moratorium up to 5 years | Moderate-Strict |
| Sunnyvale | South Bay | 38″ circ. any species | $10,000 to $50,000 per tree (removal); $5,000 to $25,000 (damage) | Moderate-Strict |
| San Jose | South Bay | 38″ circ. any species | Heritage: up to $30,000 per tree; ordinance-size: council fine schedule | Moderate-Strict |
| Redwood City | Peninsula | 38″ circ. any species | $500 per tree + replacement equal to appraised value | Moderate-Strict |
| Santa Clara | South Bay | 12″ specimen species; 38″ dia. any species | Up to $5,000 + tree value, per tree + cost recovery | Moderate-Strict |
| Campbell | South Bay | 12″ four genera (single-family); 12″ all species elsewhere | Up to $1,000 misdemeanor + 2× to 4× replacement or appraised value | Moderate-Strict |
| Lafayette | Contra Costa | 12″ natives developed; 6″ undeveloped and riparian | $1,000 to $10,000 per tree by diameter + 5-year development restriction | Moderate-Strict |
| Orinda | Contra Costa | 12″ seven oak species; 6″ any on vacant lots | Admin penalty $1,000 per violation + restitution $1,179 per tree or two 24″ box per 6″ | Moderate-Strict |
| Cupertino | South Bay | 12″ eleven specimen species only | Infraction ($100 / $200 / $500) + replacement or appraised in-lieu | Moderate-Strict |
| San Francisco | San Francisco | >12″ DBH, >20 ft tall, or >15 ft canopy within 10 ft of ROW | $10,000 per tree or replacement value, whichever greater; $20,000 repeat | Moderate-Strict |
| Burlingame | Peninsula | 44″ circ. any species | Up to $1,000 per violation + restitution | Moderate |
| Atherton | Peninsula | 48″ circ.; oaks anywhere, others outside buildable area | 2× appraised value (removal); ½ appraised (damage) | Moderate |
| Milpitas | South Bay | 56″ circ. residential; 37″ circ. commercial, vacant | ISA-appraised value + abatement costs; liens | Moderate-Light |
| Hillsborough | Peninsula | 18″ cumulative dia. any species | $150 per inch or appraised value, whichever greater + misdemeanor | Moderate-Light |
| Mill Valley | Marin | 65″ to 95″ circ. four heritage species; 4+ trees over 19″ circ. per year | Min. $5,000 per heritage tree or replacement value; $1,000 non-heritage | Moderate-Light |
| Foster City | Peninsula | No private tree ordinance | N/A (park trees: up to $100) | None (Private) |
| Piedmont | East Bay | No private tree ordinance | N/A (private); public trees $1,000 + treble damages | None (Private) |
| San Rafael | Marin | No private tree ordinance | N/A (general code penalties up to $500) | None (Private) |
This ranking reflects strictness of private property tree regulations. Even cities with no private tree ordinance (Piedmont, Foster City, San Rafael) still regulate street trees and may have other restrictions. Cities near the bottom for threshold can still have costly surprises: Atherton charges twice appraised value, Hillsborough $150 per inch or appraised value, and Mill Valley at least $5,000 per heritage tree. Always check before you cut.
Patterns I See Across All 35 Cities
Wealth Does Not Predict Threshold
By threshold, the wealthiest communities land all over the ranking. Woodside protects slow-growing natives at 24 inches circumference, but Atherton (48 inches circumference) and Hillsborough (18 inches cumulative diameter) sit near the bottom. Their penalties are the heavier part: Atherton charges twice the appraised value for a removal, and Hillsborough charges $150 per inch of trunk diameter or the appraised value, whichever is greater.
Coast Live Oaks Get Extra Protection in Most Cities
Most Bay Area cities give coast live oaks (Quercus agrifolia) the most protection of any species: Oakland's 4-inch threshold, Tiburon's any-size rule, Berkeley's oak-only ordinance, and the 10-inch oak tiers in Menlo Park and San Mateo. Species-neutral cities such as Sunnyvale, San Jose, Redwood City, and Burlingame are the exception. Read our coast live oak species guide for more.
Fire Zones Create Tension
Cities in fire-prone areas (Berkeley, Oakland, Mill Valley, Tiburon) face a built-in conflict between tree protection and defensible space requirements. Some have created exemptions or expedited processes for fire-safety tree removal, but homeowners still need permits and documentation. Berkeley's EMBER Initiative is trying to bridge this gap.
Construction Is the #1 Enforcement Trigger
Most tree ordinance violations I encounter aren't homeowners deliberately cutting down protected trees. They're contractors who damage roots during construction, excavation that severs a root system, or grading that changes drainage around a heritage oak. Cities catch these because building permits trigger tree reviews. If you're planning construction, get an arborist report first. See our Tree Care Before & After a Remodel guide and Remodel Checklist.
What This Means for Homeowners
If you live in a top-10 city: Assume any mature tree on your property could be protected. Before removing, significantly pruning, or doing any construction near trees, get a professional assessment. The cost of an arborist report ($300 to $1,500) is small compared to the penalties for getting it wrong.
If you live in a moderate city: Check whether your trees are protected; species, size, and location all matter. Use our Permit Checker and Penalty Calculator to understand your exposure.
If you live in a light/no-ordinance city: You still have obligations to neighbors, street trees, and city trees. And if you're near the boundary of a stricter city (Piedmont borders Oakland; Milpitas borders San Jose), make sure you know exactly which jurisdiction your property falls in.
Frequently Asked Questions
Which Bay Area city has the strictest tree ordinance?
By threshold, Tiburon: all listed oaks are protected at any size. Mountain View protects oaks, redwoods, and cedars at 12 inches circumference, and Oakland protects coast live oaks at 4 inches diameter. By penalty, Sunnyvale ($10,000 to $50,000 per tree) and Palo Alto ($10,000 per tree or twice reproduction cost, plus a development moratorium) lead.
Can I remove a tree on my own property?
It depends on your city, the tree species, and its size. In cities like Oakland, Palo Alto, and Tiburon, protected trees require permits. In Piedmont, Foster City, and San Rafael, there is no private tree ordinance. Use our Permit Checker to find out.
What are the fines for removing a tree without a permit?
They range from $500 per tree in Redwood City to $10,000 to $50,000 per tree in Sunnyvale. Palo Alto adds a development moratorium of up to 5 years, and Danville charges 3 times the appraised value. Many cities require replacement planting on top of fines. Use our Penalty Calculator to estimate your city's penalties.
What makes a tree "protected" or "heritage"?
Definitions vary. Generally, protected trees are above a certain trunk diameter (from any size for Tiburon oaks to 18 inches in Hillsborough) and/or belong to specific species (coast live oak, coast redwood, valley oak). Heritage trees are exceptional specimens, usually larger, older, or historically significant, with additional protections.
Do I need a permit to prune a tree?
Many cities do not regulate routine pruning, but several do. Redwood City requires a free permit to prune a protected tree. Hayward requires a permit to remove branches over 4 inches. San Mateo treats pruning over 25 percent of the crown as major pruning, and Mill Valley counts removing more than one-third of the foliage in 12 months as removal. When in doubt, check with your city or consult an arborist.
Which city is most relaxed about trees?
Piedmont, Foster City, and San Rafael have no private tree ordinance. Among cities with one, Mill Valley (heritage trees from 65 inches circumference) and Hillsborough (18 inches cumulative diameter) have the highest thresholds. Sunnyvale is not relaxed: it protects any tree at 38 inches circumference with penalties of $10,000 to $50,000 per tree.
Do tree ordinances apply to dead trees?
In most cities, yes. Palo Alto still requires a permit for a dead but stable tree, though fees can be waived for dead or hazardous trees. Mountain View exempts dead trees after a City Arborist determination. Otherwise assume a permit is needed. See our Palo Alto dead tree permit guide.
How do fire zones affect tree rules?
Properties in Very High Fire Hazard Severity Zones may have modified rules or exemptions for defensible space compliance, but protected tree removal still typically requires a permit and arborist documentation.
What is a tree replacement requirement?
Many cities require planting replacement trees (1:1 to 3:1 ratios) or paying in-lieu fees ($528 to $2,646 per tree) when protected trees are removed. Species, size, and planting location are often specified by the city.
How do I compare my city's rules to others?
Use our 56-city ordinance table for a side-by-side comparison of all 56 cities. Each city also has a dedicated page with full ordinance details: check the Cities directory.
Can an arborist help with permit applications?
Yes. An ISA Certified Arborist familiar with your city's ordinance can determine if your trees are protected, write the required arborist report, and guide you through the permit process. This is one of the most common reasons homeowners hire me; learn about consulting services.
What about the Oakland/Piedmont border?
Owners near the Oakland/Piedmont boundary should verify which city they're in. Oakland's strict 4-inch oak threshold versus Piedmont's lack of a private tree ordinance makes this one of the most consequential property lines in the Bay Area. See our detailed comparison: Oakland vs. Piedmont Tree Rules.
13 years working with Bay Area tree ordinances across 56 cities and 6 regions. Independent arborist reports, permit guidance, and consulting. Request a consulting quote →
ISA Certified Arborist WE-15750A · ISA Certified Urban Forest Professional WE-15750AF
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