Tree Permits in Fairfax
Fairfax requires a permit to remove any species at 12″; california nutmeg, giant chinquapin, toyon at 12″; bigleaf maple and others at 25″; 2 more protected classes. Measured as trunk circumference at 54″ above grade. Arborist report required in some cases. Permit fee from $625. Verified October 21, 2026.
Last verified · fees checked · Michael Schuck, ISA Certified Arborist WE-15750A, ISA Certified Urban Forest Professional WE-15750AF
Fairfax tree ordinance at a glance
| Code section | FMC Ch. 8.36 Trees, 8.36.010 to 8.36.160 (Ord. 743, 2009; Ord. 789, 2015; Ord. 822, 2018; Ord. 850, 2021) |
|---|---|
| Protected trees | Every tree: any woody perennial with at least one trunk of 4 inches diameter (12 inches circumference) measured 4.5 feet above the lowest grade needs a permit for removal or alteration, on any parcel. 'Heritage trees' are 17 locally native species protected from a smaller size for findings purposes: California nutmeg, giant chinquapin and toyon at 12 inches circumference (approx. 4 inches diameter); bigleaf maple, California buckeye, California sycamore, madrone, all native oaks, Oregon ash, red alder, Sargent cypress, tanbark oak and white alder at 25 inches circumference (approx. 8 inches); bishop pine, coast redwood and Douglas fir at 38 inches circumference (approx. 12 inches); California bay laurel at 50 inches circumference (approx. 16 inches). 'Undesirable tree species' (acacia, black and Fremont cottonwood, blue gum eucalyptus, liquidambar, Lombardy poplar, Monterey pine, Monterey cypress, all pines, princess tree, privet) can never be heritage trees but still need the permit; when the Fire Department deems one a fire hazard the Director issues the permit ministerially. 'Removal' includes taking more than one-fourth of the foliage in 12 months. |
| Size threshold | 12" circumference (4" diameter) any species, at 4.5 ft above lowest grade; heritage natives 12-50" circumference by species 8.36.020: 'TREE. Any woody perennial plant characterized by having one or more trunks, any one of which has a diameter of four inches (circumference of 12 inches) or more, measured at four and one-half feet above existing lowest grade at the base of the tree.' 'BREAST HEIGHT. Four and one-half feet above lowest grade. All circumference measurements shall be taken at Breast Height.' The Town's FAQ instead says a permit is needed for 'any tree that measures 24" in circumference, 23" above the ground', which contradicts the code (flagged). |
| Multi-trunk trees | Any trunk: a plant is a tree if 'one or more trunks, any one of which' is 4 inches diameter / 12 inches circumference at 4.5 feet (8.36.020); heritage species thresholds are stated as circumference without a multi-trunk rule |
| Dead or hazardous trees | Permit still required but ministerial: 'The Director may grant a permit ministerially where the Director determines that ... The tree to be removed is dead or extremely diseased. The Director may require that the applicant provide an analysis by a Qualified Arborist to support this determination' (8.36.040(B)(1)). Emergency (immediate threat to life or immediate and significant threat to property): the tree 'may be removed immediately by permission of the Director, by any officer of the Police or Fire Departments, the Director of Public Works, or any member of the Committee' (8.36.120); after hours call Fairfax Police Dispatch (415) 453-5330 (Town page). |
| Fire-safety removals | Expedited route. An undesirable-species tree that the Fire Department has deemed a fire hazard gets a ministerial permit from the Director with no Tree Committee hearing (FMC 8.36.040(B)(3)); fire-department-required trimming for fire or WUI code compliance is not an 'alteration' and needs no permit, and 'potential fire hazards' is an approval consideration for every other tree (8.36.020, 8.36.060(B)(1)). source · all cities |
| Permit fee (FY 2020-21) | Set by Town Council resolution (8.36.050(A)); the adopted Master Fee Schedule (Resolution No. 25-24, phased FY 2020-21 through FY 2025-26) lists no tree permit line under Planning and Building; the only related line is 'Appeal Fee $625'. Amount of the tree permit filing fee not found and should be confirmed with Planning and Building Services, (415) 458-2342. fee schedule |
| Permit filing by this practice | Quoted after a call: routine permits in Fairfax go to a hearing. Routine removals go to the Tree Advisory Committee hearing (FMC 8.36), so filing includes preparing for and attending the hearing. How permit filing works. |
| Penalties for removal without a permit | Unlawful removal or alteration of a tree is a public nuisance punishable as a misdemeanor or infraction (8.36.140(A)); knowing violation is also a civil violation with an immediate citation and 'a $1,000 fine' per violation, no first warning required (8.36.140(B), (C)); administrative hearing may be requested within 45 days, then appeal to the Town Council and Superior Court (8.36.150); the fine is a debt to the Town recoverable by civil action (8.36.160). Fee schedule: 'Penalty - Work without Valid Entitlement 1.5x actual cost of permit'. |
| Arborist report | Sometimes required. At the Tree Advisory Committee's or Director's discretion. 8.36.060(A): 'The Committee may require the applicant to submit his or her application to a Qualified Arborist designated by the town for a report and recommendation. The applicant shall bear all expenses in conjunction with this report.' If the Committee finds the report not credible it may order peer review by a second Qualified Arborist at the Town's expense. For ministerial dead or extremely diseased tree permits 'The Director may require that the applicant provide an analysis by a Qualified Arborist' (8.36.040(B)(1)). Report contents are prescribed by 8.36.070 (species, height, DBH, age; defects and hazards; preservation alternatives; a completed ISA Tree Hazard Evaluation Form). Town FAQ: 'it is advisable that your tree removal application include a report from a certified arborist indicating why the tree must be removed'. A Tree Protection Plan by a Qualified Arborist is mandatory for construction near a permit-size tree (8.36.080). Who may write it: 'QUALIFIED ARBORIST. A Certified Arborist, a Certified Urban Forester, a Registered Consulting Arborist, or a Registered Professional Forester (RPF). Arborists must be certified by the International Society of Arborists (ISA). A Qualified Arborist must have a Fairfax Business License and be insured.' (8.36.020). The report under 8.36.060(A) is by 'a Qualified Arborist designated by the town'. |
| Who to call | Department of Planning and Building Services, Town Hall, 142 Bolinas Road, Fairfax 94930; Tree Committee staff contact Susan Waters, (415) 458-2342; paper applications filed at Town Hall at least 14 days before the Tree Advisory Committee meeting (4th Monday, 7:00 p.m., Fairfax Women's Club, 46 Park Road); the Director of Planning and Building Services issues permits on the Committee's findings; after-hours tree emergencies Fairfax Police Dispatch (415) 453-5330 · official page |
- : Fee schedule updated (FY 2020-21): Set by Town Council resolution (8.36.050(A)); the adopted Master Fee Schedule (Resolution No. 25-24, phased FY 2020-21 through FY 2025-26) lists no tree permit line…
Sources: codelibrary.amlegal.com · townoffairfaxca.gov · storage.googleapis.com. Urban Forestry Guide is not a city line; for Fairfax permit questions use the department above.
Does my tree need a permit in Fairfax?
A permit is required when the tree is protected and meets the size rule. Fairfax measures trunk circumference at 54″ above the ground.
- Any species (every tree 12" circumference / 4" diameter): protected at 12″ circumference
- California nutmeg, giant chinquapin, toyon (heritage): protected at 12″ circumference
- Bigleaf maple, buckeye, sycamore, madrone, native oaks, Oregon ash, red and white alder, Sargent cypress, tanbark oak (heritage): protected at 25″ circumference
- Bishop pine, coast redwood, Douglas fir (heritage): protected at 38″ circumference
- California bay laurel (heritage): protected at 50″ circumference
- Multi-trunk trees: a plant is a tree if any single trunk is 12" circumference (4" diameter) at 4.5 ft (8.36.020).
Removal includes taking more than one-fourth of the foliage in 12 months; normal seasonal pruning within ANSI A300/ISA standards, utility clearance and fire-department-required trimming for fire or WUI code compliance need no permit (8.36.020).
Undesirable species deemed a fire hazard by the Fire Department get a ministerial permit from the Director with no Tree Committee hearing (8.36.040(B)(3)); all other trees go to the monthly Tree Advisory Committee public hearing with orange ribbons and a posted frontage notice 10 days ahead (8.36.050, 8.36.055, 8.36.060).
Qualified Arborist report only if the Committee or Director requires it (8.36.060(A)); replacement at least 1:1; $1,000 administrative fine per violation (8.36.140). The Town FAQ cites a 24" circumference at 23" threshold that contradicts the code; the Town was presenting Tree Ordinance amendments to the Council on October 7, 2026.
Tree permit fee amount (not in the Master Fee Schedule, Res. 25-24).
Town FAQ threshold (24" circumference at 23" above ground) conflicts with 8.36.020; the code text is used here.
Check my tree in the permit checker
Street trees, city-designated heritage trees and trees required by a development approval are protected at any size in every city. Trees on lot lines belong to both owners.
Does Fairfax require an arborist report?
Sometimes. At the Tree Advisory Committee's or Director's discretion. 8.36.060(A): 'The Committee may require the applicant to submit his or her application to a Qualified Arborist designated by the town for a report and recommendation. The applicant shall bear all expenses in conjunction with this report.' If the Committee finds the report not credible it may order peer review by a second Qualified Arborist at the Town's expense. For ministerial dead or extremely diseased tree permits 'The Director may require that the applicant provide an analysis by a Qualified Arborist' (8.36.040(B)(1)). Report contents are prescribed by 8.36.070 (species, height, DBH, age; defects and hazards; preservation alternatives; a completed ISA Tree Hazard Evaluation Form). Town FAQ: 'it is advisable that your tree removal application include a report from a certified arborist indicating why the tree must be removed'. A Tree Protection Plan by a Qualified Arborist is mandatory for construction near a permit-size tree (8.36.080).
Who may write it: 'QUALIFIED ARBORIST. A Certified Arborist, a Certified Urban Forester, a Registered Consulting Arborist, or a Registered Professional Forester (RPF). Arborists must be certified by the International Society of Arborists (ISA). A Qualified Arborist must have a Fairfax Business License and be insured.' (8.36.020). The report under 8.36.060(A) is by 'a Qualified Arborist designated by the town'.. The Committee may designate the Qualified Arborist (8.36.060(A)); no published list found on the Tree Committee page.
“The Committee may require the applicant to submit his or her application to a Qualified Arborist designated by the town for a report and recommendation. The applicant shall bear all expenses in conjunction with this report.” municipal code
How to get a tree removal permit in Fairfax
- Confirm a permit is needed: removal (including taking more than one-fourth of the foliage in 12 months) or alteration (cutting, pruning, root work, fill, grading or drainage changes that threaten the tree's vigor) of any tree with a trunk of 4 inches diameter / 12 inches circumference at 4.5 feet above lowest grade, on any parcel. Normal seasonal pruning within ANSI A300/ISA standards, utility line clearance, Public Works street clearance and 'trimming, clearing or pruning required by the fire department to meet fire or wildland urban interface code requirements' are not alterations (8.36.020, 8.36.040(A)). source
- Ministerial route: if the tree is dead or extremely diseased (Director may require a Qualified Arborist analysis), is being removed by a public utility for utility impacts, or is an undesirable species the Fire Department has deemed a fire hazard, the Director grants the permit without a Committee hearing; any interested party may appeal that determination to the Committee (8.36.040(B), (C)). source
- Otherwise file a written paper application with the Director at Town Hall (142 Bolinas Road, 8:30-noon and 1-5 p.m. Monday-Thursday) at least 14 days before the next Tree Advisory Committee meeting (4th Monday, 7:00 p.m., Fairfax Women's Club): number, location and species of each tree, reason for removal or alteration, other information the Director requires, and the filing fee set by Council resolution (amount not published). Mark each tree with bright orange ribbon at least 10 days before the meeting, stake proposed buildings, utilities, grading and retaining walls where feasible, and post the Town-provided notice of intent on the property frontage (8.36.050, 8.36.055). source
- The Town posts the Committee agenda and public notice 10 days ahead in three public places; the Committee may inspect the premises (refusal may mean denial), may require a report from a Town-designated Qualified Arborist at the applicant's expense (peer review at Town expense if it doubts the report) and may ask for computer simulations (8.36.050(B), 8.36.055(C), 8.36.060(A)). source
- At the public hearing the Committee grants or denies on seven considerations (public health and safety including disease, structural failure, 'potential fire hazards' and proximity to structures; neighborhood character, aesthetics, privacy, shade and property values; heritage, specimen, undesirable or other species; necessity for reasonable development; erosion and drainage; effect on surrounding trees; whether an alteration would harm the tree). The Director issues or denies the permit on the Committee's findings and may attach conditions including replacement at a minimum 1:1 ratio with drought-tolerant native species not susceptible to Sudden Oak Death (8.36.060(B)-(D)). source
- The Committee's determination may be appealed to the Town Council within 10 days on the Town's appeal form with the appeal fee ($625 per the fee schedule); no permit is effective until the appeal period lapses or the appeal is decided (8.36.100, 8.36.110). Trees shown 'To Be Removed' on an approved subdivision map or development plan with an approved Tree Protection Plan need no separate permit (8.36.090). source
| Timeline | Application due 14 days before the monthly (4th Monday) Tree Advisory Committee meeting; ribbons on trees and agenda posting 10 days before the meeting; permit not effective until the 10-day appeal period runs. Committee recommendations on development applications within 30 days (8.36.030(B)). No permit validity period stated. “Please submit a completed paper application no later than 14 days before the next scheduled meeting to the Town Hall during regular business hours (8:30-Noon and 1-5 p.m. Monday -Thursday) for your application to be processed.” source |
|---|---|
| Appeal | 8.36.100: the Committee's determination may be appealed to the Town Council under 17.020.120 by written appeal on the Town's form to the Town Clerk within 10 days, stating the grounds, with the filing fee set by resolution ('Appeal Fee $625' in the Master Fee Schedule). Ministerial determinations of the Director are appealable to the Committee (8.36.040(C)). Administrative fines: hearing request within 45 days, hearing officer decision, then Council and Superior Court (8.36.150). “The determination of the Committee may be appealed to the Town Council pursuant to § 17.020.120. Appeals shall be submitted to the Town Clerk in writing, on the appeal form provided by the Town, within ten days of the Committee determination.” source |
| Replacement | 8.36.060(D): 'Reasonable conditions of approval may be attached to any tree removal permit including, but not limited to, the replacement of removed trees. In general, removed trees shall be replaced at a minimum ratio of 1:1. The Tree Committee shall have the authority to specify the ratio, where necessary after considering of any fire hazard risk. The site or sites for replacement may be specified by the Committee. Replacement trees shall be of a reasonable size as determined by the Committee based on the recommendation. Drought tolerant, native species that are not susceptible to Sudden Oak Death Syndrome shall be preferred as replacement trees.' Security and maintenance may be required; fewer larger trees may be allowed. source |
| Forms | Tree Committee page (how to get a tree permit, meeting schedule, Ordinance 743 PDF, contact) · Ordinance 743: Tree Regulations (2009 adopting ordinance for Ch. 8.36, scanned PDF) · FAQ: When do I need a permit to alter or remove trees on my property? (states 24" circumference at 23"; conflicts with the code) · Master Fee Schedule (Resolution No. 25-24; no tree permit line) · FMC Chapter 8.36 Trees (American Legal Publishing, 2026 S-20) |
Process verified October 21, 2026 against the city's code, forms and department pages.
Frequently asked questions about tree permits in Fairfax
Do I need a permit to remove a dead tree in Fairfax?
Permit still required but ministerial: 'The Director may grant a permit ministerially where the Director determines that ... The tree to be removed is dead or extremely diseased. The Director may require that the applicant provide an analysis by a Qualified Arborist to support this determination' (8.36.040(B)(1)). Emergency (immediate threat to life or immediate and significant threat to property): the tree 'may be removed immediately by permission of the Director, by any officer of the Police or Fire Departments, the Director of Public Works, or any member of the Committee' (8.36.120); after hours call Fairfax Police Dispatch (415) 453-5330 (Town page).
What is the fine for removing a tree without a permit in Fairfax?
Unlawful removal or alteration of a tree is a public nuisance punishable as a misdemeanor or infraction (8.36.140(A)); knowing violation is also a civil violation with an immediate citation and 'a $1,000 fine' per violation, no first warning required (8.36.140(B), (C)); administrative hearing may be requested within 45 days, then appeal to the Town Council and Superior Court (8.36.150); the fine is a debt to the Town recoverable by civil action (8.36.160). Fee schedule: 'Penalty - Work without Valid Entitlement 1.5x actual cost of permit'.
How long does a tree removal permit take in Fairfax?
Application due 14 days before the monthly (4th Monday) Tree Advisory Committee meeting; ribbons on trees and agenda posting 10 days before the meeting; permit not effective until the 10-day appeal period runs. Committee recommendations on development applications within 30 days (8.36.030(B)). No permit validity period stated.
Does Fairfax require an arborist report for a tree removal permit?
Sometimes required. At the Tree Advisory Committee's or Director's discretion. 8.36.060(A): 'The Committee may require the applicant to submit his or her application to a Qualified Arborist designated by the town for a report and recommendation. The applicant shall bear all expenses in conjunction with this report.' If the Committee finds the report not credible it may order peer review by a second Qualified Arborist at the Town's expense. For ministerial dead or extremely diseased tree permits 'The Director may require that the applicant provide an analysis by a Qualified Arborist' (8.36.040(B)(1)). Report contents are prescribed by 8.36.070 (species, height, DBH, age; defects and hazards; preservation alternatives; a completed ISA Tree Hazard Evaluation Form). Town FAQ: 'it is advisable that your tree removal application include a report from a certified arborist indicating why the tree must be removed'. A Tree Protection Plan by a Qualified Arborist is mandatory for construction near a permit-size tree (8.36.080).
Can I remove a tree for fire safety in Fairfax without a permit?
Expedited or fee-waived route. An undesirable-species tree that the Fire Department has deemed a fire hazard gets a ministerial permit from the Director with no Tree Committee hearing (FMC 8.36.040(B)(3)); fire-department-required trimming for fire or WUI code compliance is not an 'alteration' and needs no permit, and 'potential fire hazards' is an approval consideration for every other tree (8.36.020, 8.36.060(B)(1)).
How does Fairfax measure a tree for the permit threshold?
Trunk circumference at 54 inches above grade. 12" circumference (4" diameter) any species, at 4.5 ft above lowest grade; heritage natives 12-50" circumference by species
Tree permits in nearby cities
Belvedere · Corte Madera · Larkspur · Marin County (unincorporated) · Mill Valley · Novato · Ross · San Anselmo
Compare all 56 cities in the 56-city ordinance table, or run the permit checker.
Not sure what Fairfax will ask for?
A 20-minute call with an ISA Certified Arborist usually settles it: permit or no permit, report or no report, and what it will cost.