Zone 0 and Your Trees: What California's Ember-Resistant Zone Rules Mean for Tree Removal and Pruning

The most common Zone 0 question I get is some version of "Do I have to cut down the oak next to my house?" The short answer is no. The state rule, as adopted by the Board of Forestry on August 19, 2026, lets existing trees stay inside the 5-foot zone if they are pruned to specific clearances. The longer answer involves two more facts people miss. The rule is not yet in effect, and even when it is, your city tree ordinance still applies to every cut. This guide walks through the statute, the rule text, the timeline, and the local permit layer, with every number traced to the primary document.

What Zone 0 Is and Where It Comes From

California defensible space law runs on two parallel statutes. Public Resources Code 4291 covers buildings in the State Responsibility Area, the rural land where CAL FIRE has primary fire protection duty. Government Code 51182 covers occupied structures inside a Very High Fire Hazard Severity Zone that a city or county has designated under Section 51179. Most Bay Area hillside neighborhoods fall under the second statute.

Both sections require 100 feet of defensible space and describe three intensities of fuel work. In the words of 51182(a)(1)(A): "The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection." That 0 to 5 foot band is what everyone calls Zone 0. Section 4291 uses the same language.

The ember-resistant zone entered the statutes through AB 3074 (Stats. 2020, Ch. 259), chaptered September 29, 2020. After the January 2025 Los Angeles fires, Governor Newsom signed Executive Order N-18-25 on February 6, 2025. I could not extract the text of the order itself (the state's PDF is a scanned image), so I rely on how the Legislature described it: the Legislative Counsel's Digest to AB 1455 says the order "directed the state board to complete the formal rulemaking process applicable to these ember-resistant zone requirements no later than December 31, 2025." The Board's own Defensible Space page cites the order as the source of its Zone 0 committee's charge.

AB 1455 (Stats. 2025, Ch. 731) is the most recent amendment to both statutes. It took effect October 13, 2025 as an urgency measure. It told the Board to adopt the regulations as emergency regulations if the normal process would miss the executive order deadline, exempted the rulemaking from CEQA, and added subdivision (f) to 51182 allowing local fire agencies to adopt "alternative practices" with "substantially similar practical effects." The same subdivision says it "does not preclude a local agency from adopting an ordinance designating defensible space requirements that are more stringent than the regulations." Keep that sentence in mind; it is why Berkeley's rule can be tighter than the state's.

Two tree requirements already sit in both statutes and do not depend on the new regulation. Subdivision (a)(2) of each section: "Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe." Subdivision (a)(3): "Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood." If you are in a designated zone, those apply now.

Where the State Rule Stands in October 2026

The Board of Forestry and Fire Protection adopted the Zone 0 emergency regulations at its August 19, 2026 meeting. Its Notice of Proposed Emergency Action, dated August 20, 2026, says the Board "plans on submitting them to the Office of Administrative Law ("OAL") on or after August 28, 2026." The action adopts new 14 CCR sections 1298.01 through 1298.04 for the Very High Fire Hazard Severity Zone of local responsibility areas, and amends sections 1299.01 through 1299.03 for the State Responsibility Area.

The package did reach OAL. OAL's Recent Actions Taken on Emergency Regulations page lists file 2026-0828-03E, "Zone 0 Defensible Space," with the action "Withdrawn" on September 8, 2026. No effective date is listed. The Board's Defensible Space page, as I read it on October 12, 2026, says: "The Board and Board staff continue to work with the Office of Administrative Law on a final review of the Zone 0 Regulations Rule Package. We will update this page when this review is complete and when the California Secretary of State publishes the final regulation." The same page posts a "Zone Zero Guidance Document September 2026."

So the honest status is: adopted by the Board, withdrawn from OAL, expected back, no effective date. Everything below about clearances and phase-in describes the adopted text, which could change on refiling. I will update this page when OAL approves a version.

What the Rule Text Says About Trees

The adopted rule defines Zone 0 in 14 CCR 1298.04(a) as "the area within five (5) feet around each Occupied Structure, beginning at the exterior surface of the exterior wall, roof, attached deck, stairs, or pergola and extending five (5) feet out, or to the property line, whichever comes first." A "Tree" is "a woody perennial plant with a well-defined stem or trunk, a diameter at four and a half (4.5) feet above the ground of at least four (4) inches, and a height at maturity of at least fifteen (15) feet." Anything woody but smaller is regulated as a plant, and the rule allows only non-woody plants in the vegetation areas of Zone 0.

Section 1298.04(b)(5) sets five conditions for trees within Zone 0. Trees must be maintained so that there are no dead or dying branches; so that all live branches are "at least ten (10) feet away from chimneys and stovepipe outlets"; so that "live tree branches are not underneath eaves"; so that all ladder fuels are removed, "including those fuels in the first six (6) feet from the ground or to one third (1/3) of the tree's total height, whichever is smaller, and those fuels within five (5) feet above a roof that create a high risk of fire transmission"; and so that all live branches are "at least five (5) feet above a roof and at least one (1) foot from the walls of an Occupied Structure where there is no eave." The Board's notice restates the same five points in plain terms on pages 14 and 15.

Notice what is not there. There is no trunk setback. A tree whose trunk stands 2 feet from the wall is allowed, provided its crown meets the clearances. There is no requirement to remove trees. The Board's August 2026 summary of the rule, a copy of which UC Agriculture and Natural Resources hosts here, states that "Existing trees are permitted to remain in Zone 0" and that "no new trees can be planted in Zone 0 upon the effective date of the regulations." The rule text supports the second point indirectly: the only vegetation it permits in the open parts of Zone 0 is non-woody plants under 18 inches tall.

Tree clearance requirements compared: current statute, adopted state rule, and Berkeley

Requirement	Statute today (Gov. Code 51182 / PRC 4291)	Adopted state rule (14 CCR 1298.04, not yet effective)	Berkeley BMC 19.49.070 (in effect Jan. 1, 2026 in two mitigation areas)
Chimney or stovepipe outlet	Remove tree parts within 10 feet	Live branches at least 10 feet away	Crown 10 feet away
Above the roof	Not specified	Live branches at least 5 feet above	Crown 6 feet above
Walls and eaves	Not specified	No live branches under eaves; 1 foot from walls where there is no eave	5 feet horizontal clearance from sides of the building, deck, porch or stairs
Attached decks	Not specified	Deck is part of the structure for measuring the 5 feet	6 feet vertical clearance above attached decks
Ladder fuels	Not specified	Remove from lower 6 feet or lower third of height, whichever is smaller	Zone 1 rule: branches more than 6 feet above ground or surface fuels
Dead wood	Free of dead or dying wood if adjacent to or overhanging a building	No dead or dying branches	Maintained free of dead material

Phase-In for Existing and New Structures

The statutes set the frame. PRC 4291(g)(1) says the ember-resistant zone "shall not take effect for new structures until the board updates the regulations" and the guidance document, and (g)(2) says it "shall take effect for existing structures three years after the effective date for the new structures." Government Code 51182(d) says existing and new structures "shall meet the same standard," but the regulations "shall allow the staging of work for existing structures." The rule defines an existing structure as one built, under construction, or with a building permit application submitted "before the effective date of the regulation."

Section 1298.04(c) of the adopted text turns that into a schedule. All dates run from an effective date that does not yet exist.

Zone 0 compliance schedule under the adopted rule

Who	What	When
New occupied structures	Every Zone 0 requirement in 1298.04(b)	On the effective date
Existing occupied structures	Roof and gutters clear of debris; no dead or dying branches; live branches 10 feet from chimneys; no live branches under eaves	On the effective date (these mirror existing statute)
Existing occupied structures	No combustible materials in the 5 feet; clear under decks; no firewood; ladder fuels removed; branches 5 feet above the roof and 1 foot from walls	Within 3 years of the effective date
Existing occupied structures	Vegetation-free safety zone at walls, windows, doors and vents; allowed non-woody plants; fence and gate standards; outbuildings	Within 3 years, or within 5 years on a timeline set by the local fire agency

For the State Responsibility Area, amended section 1299.03(e) follows the same pattern, with the final group due within 5 years or on a timeline set by the CAL FIRE Director that is not less than 3 years. The practical point for tree owners: the day the rule takes effect, the chimney clearance, dead wood, and under-eave rules bind every existing home in a designated zone. The roof clearance and ladder-fuel work gets a 3-year window.

A Zone 0 Clearance Does Not Waive a City Tree Permit

This is the part most fire-safety summaries skip. A state defensible space rule tells you what condition your trees must be in. It does not authorize you to cut a protected tree, and no section of 51182, 4291 or the adopted regulation says a city tree permit is waived. The statute points the other way: 51182(f)(1) lets local agencies adopt requirements "more stringent than the regulations," and 51182(a)(1)(B) says any local fuel modification ordinance "shall be in compliance with all applicable state laws, regulations, and policies." The two layers stack.

What that means in practice, from my 45-city ordinance table: if a tree inside Zone 0 is a protected species or size in your city, the removal permit, pruning permit, or emergency authorization your city requires still has to happen first. The dead or hazardous condition that a fire inspector flags is usually the reason the permit is granted, not a reason to skip it. Here is how a sample of cities treats dead and hazardous trees, from the dead and hazardous tree rules page:

How selected Bay Area cities treat dead or hazardous tree removal

City	Dead or hazardous tree rule
Mountain View	Dead trees, as determined by the City Arborist, are exempt from the permit (City Code 32.27(b)(6)). Living hazardous trees are not exempt unless disaster-damaged and declared by designated officials.
Pleasant Hill	Hazardous-tree emergency removal is exempt from the prior-permit requirement (PHMC 18.100.040(C)); notify the City Manager and file the permit application within five days after removal. Non-emergency dead trees apply first.
Orinda	Insurance-required removals are exempt from the permit entirely (Ord. 25-03, 17.21.3.B.7); emergency removals when ordered by a fire official, Public Works Director, Parks Director or City Manager.
Palo Alto	An imminently hazardous tree may be removed in an emergency without a completed permit per the city FAQ; a dead but stable tree still needs the permit. Fees are waivable for dead, hazard and storm removals.
Los Gatos	Permit-free emergency only for imminent danger with a Tree Risk Rating of Extreme or High; notify Parks and Public Works or Police and submit photos within 72 hours. Dead trees otherwise need a permit.
Oakland	Only an immediate-threat emergency allows removal without a permit, with a report by the next business day (OMC 12.36.130). A dead but stable tree still needs the permit.
Atherton	Permit required before removal even for dead or dangerous trees, with staff-level approval after Town Arborist inspection (AMC 8.10.070(D)).
Berkeley	Coast live oak only: no dead-tree exemption. The City Manager must find a potential danger to life or limb before removal (BMC 6.52.010(C)).
Saratoga	Emergency removal only on order of the City Manager, a department director, a peace officer or the fire department; the 15-day appeal period is waived for dead, near-building and ember-zone trees.

Pruning is the quieter trap. Zone 0 work is mostly pruning: crown raising, clearing the roof plane, removing deadwood, cutting back from the chimney. Several cities regulate pruning of protected trees, not just removal. From the matrix: Los Gatos requires a pruning permit for more than 25 percent of a tree over a 3-year period, or any branch over 4 inches in diameter. San Mateo treats more than 25 percent of the crown as "major pruning" requiring the same permit as removal. Hayward requires a permit to prune branches over 4 inches in diameter on protected trees (HMC 10-15.21(1)(i)). Redwood City requires a free permit to prune a protected tree. Palo Alto requires a 7-day posted notice before pruning a protected tree (Ord. 5612). Los Altos counts pruning of more than 33 percent of foliage in 12 months as a removal. Berkeley requires its exemption for pruning more than 25 percent of a qualifying coast live oak. A roof clearance cut on a mature oak can cross these lines fast. Check your city with the Permit Checker before the crew arrives.

Berkeley's EMBER Rule as the Local Example

Berkeley did not wait for the state. BMC 19.49.070 (Ord. 7991-NS, 2025) adopts Chapter 6 of the 2025 California Wildland-Urban Interface Code with local amendments. Section 604.3.2 applies from January 1, 2026 in the Grizzly Peak and Panoramic Mitigation Areas. Its tree provision reads: "Existing trees and shrubs are permitted in Zone Zero if: i. Maintained free of dead material. ii. The crown (canopy) is maintained to create: 1. Six feet (6') above the adjacent building or structure's roof; 2. Ten feet (10') away from chimneys and stovepipe outlets; and 3. Five feet (5') of horizontal clearance from the sides of any Building, Structure, attached deck, porch, landing or stairs." It adds 6 feet of vertical clearance above attached decks and stairs.

Compare that to the state text: Berkeley asks for 6 feet above the roof where the state asks for 5, and Berkeley's 5-foot horizontal clearance from walls is far stricter than the state's "not under eaves" and 1-foot rule. That is exactly what 51182(f)(1) permits. Berkeley's citywide section 604.3.1 also requires, in all of its very high fire hazard zone, 10 feet of branch clearance from chimneys, 6 feet of vertical clearance between branches and the roof, and that new trees be planted so the drip line at maturity is at least 10 feet from any structure.

I wrote a full guide to the program, including the coast live oak moratorium under BMC 6.52, the inspection schedule and the cost-share grants: Berkeley's EMBER Initiative: What Tree Owners Need to Know. I will not repeat it here. The one lesson that carries to every city: Berkeley's fire code and Berkeley's oak ordinance run at the same time, and compliance with one does not satisfy the other.

What an Arborist Assesses in Zone 0

When I walk a Zone 0 perimeter, I am answering four questions for each tree. First, does it qualify as a "Tree" under the rule, meaning 4 inches in diameter at 4.5 feet and 15 feet mature height? If not, the woody-plant rules apply and the plant likely has to go. Second, can the crown reach the clearances with pruning that the tree will tolerate? A 5-foot roof clearance on a coast live oak that has grown into the roof plane may mean removing a large share of live crown, and I measure that share because several cities regulate it. Third, what is the tree's protected status and which permit or notice the city requires for that amount of pruning or for removal? Fourth, what is the risk picture: dead wood, decay, lean, attachment defects, and whether the limbing-up the rule requires will change the tree's structure.

The written product is a short report with a tree inventory, measured clearances, a pruning specification an ANSI A300 crew can follow, and the permit path for each tree. In cities that require an arborist report with a pruning or removal application, the same document serves both purposes. For trees with structural concerns I add a risk assessment, since the hazard finding is what unlocks the emergency track in cities like Los Gatos and Pleasant Hill.

Step by Step: Preparing Trees for Zone 0

Step 1: Confirm your zone. Zone 0 under 51182 applies only inside a locally designated Very High Fire Hazard Severity Zone; under 4291 it applies to all structures in the State Responsibility Area. Your city or county fire department can confirm which, if either, covers your parcel.

Step 2: Measure 5 feet from every wall, roof edge, attached deck, stair and pergola. The rule measures from the exterior surface, and attached decks count as structure. Mark the line and list every tree whose trunk or crown falls inside it.

Step 3: Do the statutory items now. Clear anything within 10 feet of a chimney or stovepipe outlet and remove dead or dying wood from trees that touch or overhang the house. These bind today in designated zones regardless of the state rule's status, and Berkeley's 604.3.1 requires them citywide in its hazard zone.

Step 4: Have each tree assessed. Measure crown clearance to the roof, eaves and walls, and how much live crown the clearances would remove. Decide whether pruning gets there or removal is the only option.

Step 5: Pull the permit before the saw. Check the Permit Checker for your city's protected species, size threshold and pruning rules. If the tree is dead or hazardous, use the city's own track from the dead and hazardous tree page rather than assuming an exemption.

Step 6: Schedule the work in order. Deadwood and chimney clearance first, then crown raising and roof clearance, then any removals once permits are in hand. Keep pruning within one season's tolerance for the species.

Step 7: Document. Photograph each tree before and after, keep the arborist report, the permit and the invoices. Inspectors, insurers and buyers under AB 38 disclosure all ask for the same file. See how Bay Area defensible space inspections work.

Frequently Asked Questions

Does Zone 0 require me to remove trees within 5 feet of my house?

No. The adopted state rule (14 CCR 1298.04(b)(5)) lets trees within Zone 0 remain if they have no dead or dying branches, live branches are at least 10 feet from chimneys and stovepipe outlets, no live branches are under eaves, ladder fuels are removed from the lower 6 feet or lower third of the tree, and live branches are at least 5 feet above the roof and 1 foot from walls where there is no eave. There is no trunk setback. The Board's summary says existing trees may remain but no new trees may be planted in Zone 0 once the rule takes effect.

Is California's Zone 0 regulation in effect yet?

Not as of October 12, 2026. The Board of Forestry adopted emergency regulations on August 19, 2026 and submitted them to the Office of Administrative Law. OAL's record shows file 2026-0828-03E withdrawn on September 8, 2026, and the Board's website says it continues to work with OAL on a final review. There is no effective date. The existing statutory duties, 10 feet of chimney clearance and no dead or dying wood on trees near a building, apply now in designated zones.

Do I need a city permit to prune or remove a tree for Zone 0 compliance?

If the tree is protected under your city's ordinance, yes. Neither Government Code 51182 nor the adopted regulation waives local tree permits, and 51182(f)(1) expressly allows cities to be more stringent. Several cities also regulate pruning: Los Gatos and San Mateo at more than 25 percent of the tree or crown, Hayward for branches over 4 inches in diameter, Palo Alto with a 7-day posted notice, and Berkeley for more than 25 percent of a coast live oak. Check the Permit Checker for your city before any Zone 0 cut.

Can I remove a fire-damaged or dead tree without a permit?

It depends on the city. Mountain View exempts dead trees once the City Arborist confirms the condition. Pleasant Hill exempts hazardous-tree emergency removals from the prior permit if you notify the City Manager and file within five days. Palo Alto allows emergency removal of an imminently hazardous tree without a completed permit. Atherton, Los Altos, San Francisco and Berkeley (coast live oak) require the permit or an official finding first even for a dead tree. Oakland, Los Gatos and Redwood City allow true emergencies with a report within one business day to 72 hours. The dead and hazardous tree page lists all 45 cities.

How far must tree branches be from my roof and chimney under Zone 0?

Under the adopted state rule, live branches must be at least 10 feet from chimneys and stovepipe outlets and at least 5 feet above the roof, with no live branches under eaves. Under current statute, any part of a tree within 10 feet of a chimney or stovepipe outlet must be removed now. Berkeley's local rule is stricter: 6 feet above the roof, 10 feet from chimneys, and 5 feet of horizontal clearance from the sides of the building.

Sources checked October 12, 2026: Gov. Code 51182; PRC 4291; AB 1455 (2025); AB 3074 (2020); Board of Forestry Notice of Proposed Emergency Action, Zone 0 Defensible Space (Aug. 20, 2026) and Defensible Space Zones page; OAL Recent Actions on Emergency Regulations; BMC 19.49.070; city rules from this site's verified ordinance dataset.