Penalties for Removing a Tree Without a Permit, by City
Fixed fines, appraised value, replacement trees, misdemeanor charges, or several at once. The scheme as written in each city's code.
Dataset version 2026-10-09 · 35 cities · by Michael Schuck, ISA Certified Arborist WE-15750A, Urban Forest Professional WE-15750AF
Only Danville's code sets treble damages. Oakland's widely quoted "$1 million" was one 38-tree case, not a per-tree maximum. Most cities tie the penalty to the tree's appraised value plus replacement, which is why the appraisal is the number that matters.
| City | Penalty scheme | Dead or hazardous trees |
|---|---|---|
| Atherton | Removal: 2x appraised value; damage: 1/2 appraised (escalates to 2x if tree dies within 1 yr); + Ch. 1.20 fines (AMC 8.10.070) | 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)) |
| Belmont | Removal fees + replant equal value (Sec. 25-9); stop-work; general penalty BCC 1-8 | 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 |
| Berkeley | Misdemeanor: up to $1,000 and/or 6 months, each day separate (BMC 1.20.010); street trees: infraction (12.44.090); 1:1 CLO replacement only in affordable-housing exception | 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 |
| Burlingame | Misdemeanor/infraction up to $1,000 per violation (each tree/day separate) + restitution: replacement tree or appraised value + replacement costs (11.06.120) | 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 |
| Campbell | Infraction (<=$100)/misdemeanor (<=$1,000, 6 mo) + replacement penalty at 2x (SFR) or 4x (other) normal ratio and/or CTLA-appraised value (21.32.160) | 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) |
| Cupertino | INFRACTION (Ch. 1.12; Gov C 36900(b): $100/$200/$500) + replacement per Table A (one/two 24" box; heritage 48" box) or ISA-appraised in-lieu (14.18.220, .160) | 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)) |
| Danville | Misdemeanor + civil damages of 3x CTLA-appraised value (32-79.13), the region's only true treble-damages scheme; replacement: minor/no development 1x 15-gal (<20" removed) or 2x (>=20"); major development inch-for-inch (32-79.8, Ord. 2025-03) | Application to Planning; no published self-help exemption |
| Foster City | Park trees: misdemeanor <=$100 and/or 1 month (12.12.060) or admin citations $100/$200/$500 | N/A, no permit regime |
| Fremont | Administrative fines $250 first / $750 second / $1,000 third+ per tree + restitution/mitigation (18.215.200(c)); street trees per 12.30.180 | Standard free permit process; landmark removals need Council hearing filed 90 days ahead (18.215.160) |
| Hayward | Administrative fine = DOUBLE the permit fee (10-15.29(1)) + misdemeanor exposure; mitigation per 10-15.21(6): residential <=2 trees -> two 24" box per tree; 3+ trees/commercial/heritage -> ISA-appraised valuation | 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)) |
| Hillsborough | $150 PER INCH of trunk diameter OR ISA-appraised value, WHICHEVER GREATER + misdemeanor + 36"-box replacement within 6 months (14.04.060) | Hazard track: application reviewed by town-qualified arborist; 30-day hazard-removal window (14.04.040(E)); no remove-then-notify |
| Lafayette | Strict-liability civil fines by diameter: $1,000 (<12") / $2,500 (12-24") / $5,000 (24-36") / $7,500 (36-48") / $10,000 (>48") first offense (6-1709(d)) + stop-work + 5-yr development restriction; mandatory replacement, no in-lieu | 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) |
| Los Altos | Misdemeanor (Ch. 1.20) + per-tree penalty: CTLA-appraised value DOUBLED if paid in cash, or equivalent replacement (11.08.160); significant pruning (>33% foliage/12 mo) = removal | 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 |
| Los Gatos | Civil up to $5,000/tree OR replacement value whichever HIGHER (4x value + staff costs if development-related) + remediation fines $500 first day/$1,000 per day + misdemeanor <=$1,000/6 mo (29.10.1025, .1031) | 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) |
| Menlo Park | Up to $5,000 per tree OR tree value, whichever HIGHER (13.24.100 + fee resolution); replacement per trunk-diameter matrix or in-lieu to heritage tree fund | 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 |
| Mill Valley | Minimum $1,000/tree (non-heritage) / $5,000/tree (heritage) or replacement value whichever GREATER, doubled for repeat within 24 months (20.67.250); heritage replacement: 3 trees per 6" of diameter (min 24" box, Marin native, 60 days); illegal non-heritage: 3:1 | 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' |
| Milpitas | City cost recovery: ISA-appraised value (Guide for Plant Appraisal) + abatement costs; liens at 8% interest (X-2-9.01, X-2-13.02); replacement >=2:1 (X-2-4.02) | Only exception to prior approval: emergency = imminent threat of injury (X-2-5.01); dead tree alone NOT exempt |
| Mountain View | Misdemeanor (Charter s520, max $1,000) + restitution: 24"-box replacements or ISA-valued in-lieu + post-removal permit (32.38-.39); standard replacement 2:1 or in-lieu | 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) |
| Oakland | INFRACTION + replacement trees/fees NOT TO EXCEED ISA-appraised value + full investigation/enforcement costs (lien-backed) (12.36.150); generic admin civil penalties cap $1,000/day, $365,000/yr/parcel (OMC 1.08.060.B). Claremont case: $915,135.40 TOTAL for 38 trees (Res. 91118 C.M.S.), not per-tree | 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 |
| Orinda | Title 19: infractions $100/$250/$500; misdemeanor <=$1,000/6 mo; admin civil penalties (default $1,000/violation, each day separate); restitution: TWO 24"-box trees per 6" of removed trunk diameter or in-lieu $1,179/tree (17.21.8-.9) | 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) |
| Palo Alto | $10,000 per tree OR TWICE CTLA reproduction cost, WHICHEVER HIGHER + replacement at 2x prescribed ratio + development moratorium up to 5 years (8.10.110); min replacement two 24"-box trees (TTM Table 3-1) | 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 |
| Piedmont | Private removal: none. PUBLIC tree violations: $1,000 per violation + treble damages (Civ. Code 3346), each branch >1" pruned a separate violation (3.20.1); street/ROW removal needs prior Park Commission approval after noticed hearing (3.18) | No permit needed (private); City can compel hazard-tree removal on 24-hour notice at owner expense (3.21) |
| Pleasant Hill | Civil penalty <=$1,000 per tree or replacement value of each tree (18.100.090(A)) + replacement: native removals >=two 15-gal on site; non-native >=one 15-gal (18.100) | 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. |
| Redwood City | $500 per tree (pruning or removal) + replacement equal to appraised value of original + possible misdemeanor <=$1,000/6 mo; $500 + mitigation for permit-condition violations | 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) |
| San Carlos | Civil fines <=$5,000 per violation; if tree removed/killed: <=$5,000/tree OR appraised value, whichever HIGHER + stop-work, liens, replacement 1:1 (24" box min; in-lieu if impractical) (18.18.070.G, .F.6) | Emergency removals require ORAL PERMISSION of City Arborist (replacement still required) |
| San Francisco | Removal/destruction: $10,000 per tree OR replacement value, WHICHEVER GREATER (811(c)(1)); repeat within 1 yr: $20,000 (811(c)(3)); + misdemeanor <=$1,000/6 mo | 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) |
| San Jose | Heritage: civil penalty up to $30,000 per tree (3-yr window, 13.28.220.B). Street trees: up to $15,000 per city-published schedule (code sets amounts by council resolution; 13.28.230/.670). Private ordinance-size: administrative citation per council fine schedule (13.32.060). Replacement: SFR 1:1 (15-gal min; 24" box = 2 credits); other properties up to 5:1 native/4:1 non-native/3:1 orchard | 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 |
| San Mateo | Civil penalty UP TO $10,000 per participant per tree (Ch. 1.11 scale, 13.40.160) + unpermitted removals replaced with one 48" box tree (FY26-27 cost $3,376) or enhanced up to Replacement Value (13.40.150) | 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) |
| San Rafael | General code penalties only: infraction/misdemeanor <=$500; civil <=$500/day; admin <=$500/day capped $100k (Titles 1); street-tree violations = public nuisance (11.12.100); wildfire citations from $250 | N/A, no private permit regime; defensible space enforced by Fire Dept |
| Santa Clara | Monetary penalty <=$5,000 + (for substantial injury/removal) the monetary value of the tree, per tree, + city cost recovery (12.35.140-.150). No treble multiplier (Civ. Code 3346 is a private civil action) | Unsuitable-species approval finding for SFR lots (12.35.090(c)(4)(F)), permit still required; no self-help exemption |
| Saratoga | Public nuisance + infraction; civil penalty up to $5,000 per tree OR replacement value (excl. installation) if greater; equivalent-value replacement (cash to Tree Fund DOUBLED for installation); 5-yr maintenance bond (15-50.170). NO 3x multiplier | 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) |
| Sunnyvale | Per tree: $5,000-$25,000 (substantial injury/damage); $10,000-$50,000 (destruction/improper removal) + city expenses & attorneys' fees; liens (19.94.160). Replacement discretionary: 24" box min; in-lieu $530-$2,120 | No self-help exemption published; file at least 10 working days before proposed removal (19.94.050); city decides 'usually within 2 weeks' |
| Tiburon | Public-nuisance abatement + full enforcement-cost recovery (15A-10); replacement up to 3:1 discretionary condition (15A-7(b)); no fine schedule in Ch. 15A | 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) |
| Walnut Creek | Civil: up to $200/inch of circumference (highly protected) or $100/inch (others) if tree dies + appraised-value/replacement-cost difference; severe non-fatal damage: 3x damage or $1,000 whichever greater; + misdemeanor <=$1,000/6 mo or infraction (3-8.08) | Hazardous-tree emergency removal by WRITTEN PERMISSION of the Director (3-8.03); applications >=10 days before desired removal (3-8.04) |
| Woodside | $5,000 first significant tree / $7,500 second / $10,000 each additional (153.439; the $212,500/22-tree case = this schedule) + discretionary replacement: CA native, 36" box min, within 1 yr (153.436(B), 153.438) | No published self-help exemption; Tree Destruction Permit required for any significant tree (153.434) |
If the tree is already gone
Keep the stump and the wood, photograph everything, and check the city page for the after-the-fact process. Voluntary disclosure is treated differently from a neighbor's complaint in most cities. Where the penalty is value-based, get the appraisal done by an arborist who is not the one who cut the tree.
Questions
Can the city make me replace the tree as well as fine me?
In most cities yes; replacement or an in-lieu fee is separate from the fine.
Is removal without a permit a crime?
In several cities it is a misdemeanor on top of civil penalties; the table says which.
Every cell comes from the verified 35-city dataset (CSV and JSON available there). Each city page links the code section and source.
Need an appraisal or mitigation report?
We write the report cities use to settle after-the-fact removals and disputes.