Dead or Hazardous Tree? What Each Bay Area City Allows
Most cities still require a permit for a dead tree; a few allow removal first when a named official finds an immediate danger. City by city, from the code.
Dataset version 2026-10-09 · 35 cities · by Michael Schuck, ISA Certified Arborist WE-15750A, Urban Forest Professional WE-15750AF
A dead tree is usually a reason the city will approve removal, not an exemption from applying. Where emergency removal is allowed before a permit, the code names who decides and what you must do afterward. Document the condition with photographs and an arborist's written assessment before anyone cuts.
| City | Dead or hazardous tree rule | Arborist report |
|---|---|---|
| Atherton | Permit required BEFORE removal even for dead/dangerous trees, staff-level approval after Town Arborist inspection; retroactive permits exist only as violation remedy (8.10.070(D)) | Sometimes |
| Belmont | Dead trees: automatic permit issuance (25-7(b)(6)), permit still required; emergency/fire-danger exceptions can be expedited (25-5(b)); emergency line (650) 595-7441 | Sometimes |
| Berkeley | No dead-tree exemption; City Manager must find potential danger to life or limb BEFORE removal (6.52.010(C)), request via Coast Live Oak form to trees@berkeleyca.gov | Not required |
| Burlingame | Emergency removal only BY ORDER of Parks & Rec Director (or designated emergency personnel); ordered removals completed within 7 days (11.06.030). No remove-first option | Sometimes |
| Campbell | Dead/dying removal only AFTER Community Development Director determination (zoning clearance + photos); true emergencies: notify Director BEFOREHAND, permit within 10 days after (21.32.060(A),(F); 21.32.065) | Sometimes |
| Cupertino | Dead: Director determination BEFORE removal; emergency only on order of Director, sheriff, or fire dept; no-fee retroactive permit within 5 working days (14.18.150(B)) | Sometimes |
| Danville | Application to Planning; no published self-help exemption | Sometimes |
| Foster City | N/A, no permit regime | Not required |
| Fremont | Standard free permit process; landmark removals need Council hearing filed 90 days ahead (18.215.160) | Sometimes |
| Hayward | Permit approved upon evidence tree is dying/diseased/dead as confirmed by City Landscape Architect (10-15.26(1)), permit still required first; pruning branches >4" dia also needs permit (10-15.21(1)(i)) | Sometimes |
| Hillsborough | Hazard track: application reviewed by town-qualified arborist; 30-day hazard-removal window (14.04.040(E)); no remove-then-notify | Required |
| Lafayette | Fire-district notices route through Contra Costa County Fire Protection District (NOT Moraga-Orinda FD), 6-1705; Director acts within 30 days (60 if referred) | Sometimes |
| Los Altos | No self-help exemption published; dead trees still need permit + MANDATORY 1:1 replacement (24" box) within 30 days (11.08.120), sole exception: trees that caused direct structural damage | Required |
| Los Gatos | Permit-free emergency ONLY for imminent danger w/ Tree Risk Rating Extreme/High: notify Parks & PW (business hrs) or Police (408) 354-8600 (after hrs), photos within 72 HOURS; dead trees otherwise need permit (replacement waived if dead/high-risk) | Sometimes |
| Menlo Park | Removal criteria 1-4 (dead, high/extreme risk, decline, invasive) decided on application; only APPLICANT may appeal (to City Manager, 15 days); no neighbor notice for homeowner cases | Required |
| Mill Valley | Arborist report required when removal reason is death/disease/health (20.67.040); heritage removals need noticed Zoning Administrator public hearing; city-published processing 'up to 30 days' | Required |
| Milpitas | Only exception to prior approval: emergency = imminent threat of injury (X-2-5.01); dead tree alone NOT exempt | Required |
| Mountain View | DEAD trees (City Arborist determination): EXEMPT from permit (32.27(b)(6)). Living hazardous: NOT exempt unless disaster-damaged + declared by designated officials (5-day notice); otherwise secure area pending permit (32.36) | Sometimes |
| Oakland | Only immediate-threat emergency allows removal without permit, report by NEXT BUSINESS DAY (12.36.130); dead-but-stable tree still needs permit; narrow exemptions 12.36.140 | Not required |
| Orinda | Exceptions incl. hazardous/dangerous condition requiring immediate action; emergency removals when ordered by fire official, PW Director, Parks Director or City Manager; insurance-required removals EXEMPT from permit entirely (Ord. 25-03, 5/6/2025: 17.21.3.B.7) | Required |
| Palo Alto | Imminently hazardous tree may be removed in emergency without completed permit (14-day posting waived) per city FAQ; dead-but-stable trees still need permit; fees waivable for dead/hazard/storm | Required |
| Piedmont | No permit needed (private); City can compel hazard-tree removal on 24-hour notice at owner expense (3.21) | Not required |
| 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 or diseased trees: apply first; arborist report required; Zoning Administrator decides. | Required |
| Redwood City | Dead/dying is an approval GROUND, not an exemption, free permit still required; true emergency: remove, then contact City Arborist within 72 HOURS for inspection + after-the-fact permit (city FAQ) | Required |
| San Carlos | Emergency removals require ORAL PERMISSION of City Arborist (replacement still required) | Sometimes |
| San Francisco | NO self-help: removal requires permit; only the Director may act on written manifest-danger-and-immediate-necessity determination (810A(b)(4), 806); 30-day posted notice for removals (806(b)(3)(B)); landmark removals: Public Works public hearing (Director's decision appealable to Board of Appeals) | Not required |
| San Jose | Same-day over-the-counter Unsuitable/dead-tree permits at Permit Center (9-11am/1-3pm weekdays) with certified-arborist documentation; no published processing timeline for standard permits | Sometimes |
| San Mateo | NO expedited/self-help track; dead = approval criterion (13.40.100(b)(3)); hazard applications get priority review; replacement still owed (15-gal for dead trees) | Sometimes |
| San Rafael | N/A, no private permit regime; defensible space enforced by Fire Dept | Not required |
| Santa Clara | Unsuitable-species approval finding for SFR lots (12.35.090(c)(4)(F)), permit still required; no self-help exemption | Required |
| Saratoga | Emergency removal only ON ORDER of City Manager, PW/CDD Director (or designees), Peace Officer, or fire department (15-50.060(a)); Director must decide applications within 30 DAYS (15-50.080(c)); 15-day appeal period (waived for dead/near-building/ember-zone trees) | Sometimes |
| Sunnyvale | No self-help exemption published; file at least 10 working days before proposed removal (19.94.050); city decides 'usually within 2 weeks' | Sometimes |
| Tiburon | Emergency removal/alteration authorized only by police chief, PW superintendent, planning director, or town manager (fire marshal DECLARES hazard but does not authorize), report next business day (15A-4(b)); permit ineffective for 10 days after grant (appeal window) | Sometimes |
| Walnut Creek | Hazardous-tree emergency removal by WRITTEN PERMISSION of the Director (3-8.03); applications >=10 days before desired removal (3-8.04) | Sometimes |
| Woodside | No published self-help exemption; Tree Destruction Permit required for any significant tree (153.434) | Sometimes |
Questions
My tree is dead. Can I just remove it?
In most cities, no: apply, and the dead condition is the approval basis. The table lists the exceptions and their conditions.
What counts as an emergency?
An immediate threat to people or property, as determined by the official the code names: a fire official, public works director, city arborist or city manager depending on the city.
Every cell comes from the verified 35-city dataset (CSV and JSON available there). Each city page links the code section and source.
Is it actually hazardous?
A written risk assessment is what cities, insurers and neighbors accept, and it is faster than arguing after the fact.