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Urban Forestry Guide: (415) 881-0124

Lafayette tree ordinance at a glance

Code sectionLMC Ch. 6-17 (Ord. 694, adopted 11/25/2024)
Protected treesDeveloped: natives (8 oaks, bay, buckeye, madrone) 12"+ dia. Undeveloped: natives 6"+ / any other species 12"+. Riparian (30 ft of top-of-bank): native riparian 6"+ single or any component trunk 4"+. ANY size: ROW/street trees, downtown commercial, restricted-ridgeline natives, development-condition (post-11/25/2024), replacement trees
Size threshold12" DSH developed natives / 6" undeveloped natives / 6" riparian, at 4.5 ft measured by trunk diameter (DBH) at 54″ above grade
Multi-trunk treesRiparian: any component trunk 4"+ protected
Dead or hazardous treesFire-district notices route through Contra Costa County Fire Protection District (NOT Moraga-Orinda FD), 6-1705; Director acts within 30 days (60 if referred)
Fire-safety removalsExpedited route. A tree whose trunk is within 5 feet of a building or attached deck may be removed with no permit, no fee and no replacement, and pruning for 10 feet of building/chimney clearance needs no permit (LMC 6-1705(a)); trees that Contra Costa County Fire has noticed for defensible space or a fuel break still need a permit but the fee is waived (6-1705(b)(4)); the Director may also waive the permit for Gov. Code 51182 defensible space in consultation with the fire district (6-1705(c)(3)). Conditions: (a)(2): trunk within 5 ft of an existing building or attached structure, measured at 4.5 ft above grade; (a)(1): excluded species (invasive/fire-prone list in 6-1702); (b)(4): a Contra Costa County Fire Protection District notice identifying the specific trees to be removed or pruned for defensible space or a fuel break; (c)(3): a Director determination, in consultation with CCC FPD, that removal is needed for Gov. Code 51182 defensible space (applicant pays processing costs). source · all cities
Permit fee (FY 2026-27)Tree Permit Category I (not associated with development application) $350; Category II (associated with development application) $350; Tree Permit Appeal $350; hourly planning rate $175. Fee waived for dead/dying trees, fire-district notices, and other 6-1705(b) cases. Consultant/arborist peer review billed separately under Agreement to Pay for City Services. fee schedule
Permit filing by this practice$750 flat for one tree, $600 with an arborist report or if you post the notice yourself; city fee above is extra. Category I packet (application, Agreement to Pay, narrative, replacement calculation, report) is emailed; Zoning Administrator acts ministerially after a Director inspection with no notice or posting. Have it filed.
Penalties for removal without a permitStrict-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
Arborist reportSometimes required. Category II (development-associated) permits: required (LMC 6-1707(b)(2)). Dead/dying-tree fee-waived permits: required to attest tree is dead/dying and cause (6-1705(b)(2)). Imminent-threat emergency removal: arborist certification (6-1705(c)(1)). Category I standalone: code lists arborist report only as 'supplemental information as may be necessary' (6-1706(b)(3)), but the current Tree Permit Application (Rev. 2026-03-20) lists 'ARBORIST REPORT prepared by a certified or consulting arborist' as a General Submittal Requirement (YES/N/A checkbox) and Step 2 says to 'ensure that all submittal requirements are included (arborist report, narrative, replacement calculations, etc)'. Director may also refer to a city arborist for peer review at applicant cost.
Who may write it: ISA Certified Arborist or ASCA Registered Consulting Arborist (LMC 6-1702(a)); application form: 'certified or consulting arborist'
Who to callPlanning & Building (925) 284-1976, planner@lovelafayette.org · official page
Recent changes
  • : Fee schedule updated (FY 2026-27): Tree Permit Category I (not associated with development application) $350; Category II (associated with development application) $350; Tree Permit Appeal $350; hourly…

Sources: library.municode.com · lovelafayette.org. Urban Forestry Guide is not a city line; for Lafayette permit questions use the department above.

Does my tree need a permit in Lafayette?

A permit is required when the tree is protected and meets the size rule. Lafayette measures trunk diameter (DBH) at 54″ above the ground.

On a developed lot only the listed natives are protected at 12"; other species are unregulated unless in a protected category.

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 Lafayette require an arborist report?

Sometimes. Category II (development-associated) permits: required (LMC 6-1707(b)(2)). Dead/dying-tree fee-waived permits: required to attest tree is dead/dying and cause (6-1705(b)(2)). Imminent-threat emergency removal: arborist certification (6-1705(c)(1)). Category I standalone: code lists arborist report only as 'supplemental information as may be necessary' (6-1706(b)(3)), but the current Tree Permit Application (Rev. 2026-03-20) lists 'ARBORIST REPORT prepared by a certified or consulting arborist' as a General Submittal Requirement (YES/N/A checkbox) and Step 2 says to 'ensure that all submittal requirements are included (arborist report, narrative, replacement calculations, etc)'. Director may also refer to a city arborist for peer review at applicant cost.

Who may write it: ISA Certified Arborist or ASCA Registered Consulting Arborist (LMC 6-1702(a)); application form: 'certified or consulting arborist'. none found on city tree-permit page or application packet

“Dead and Dying Trees. A dead or dying tree in very poor condition may be removed if an arborist report, submitted to the director, attests that the tree is dead or dying and describes the cause of death.” municipal code
Need a report Lafayette will accept? Michael Schuck writes ISA Certified Arborist reports for permit applications, hazard claims and disputes across the Bay Area, including Lafayette.
Request an arborist report

How to get a tree removal permit in Lafayette

  1. Confirm the tree is a protected tree under LMC 6-1704 using the 'Tree Permit Triggers' sheet in the application packet (e.g., native species 12 in. or more DBH on developed property; any tree within 5 ft of a building is exempt), and decide Category I (standalone) vs. Category II (with a development application). source
  2. Complete the Tree Permit Application packet (Rev. 2026-03-20: Standard Application Form, submittal checklist, Agreement to Pay for City Services, narrative, replacement calculation) with an arborist report, photos, and a site plan or labeled aerial map, and email the digital files to planner@lovelafayette.org. source
  3. Pay the application fee when the assigned planner invoices it: Tree Permit Category I or Category II is $350 (Planning Fees effective July 1, 2026; credit card or check); the fee is waived for a dead or dying tree if an arborist report attests to the death and its cause (LMC 6-1705(b)(2)). source
  4. Staff checks the application for completeness within 30 days; the Director inspects the tree and may refer the application to the DSIMPIC, Design Review Commission, Planning Commission, or City Council, or to a city arborist/landscape consultant for peer review at the applicant's cost (LMC 6-1706(c)). source
  5. Decision: Category I permits are reviewed ministerially without a public hearing and acted on by the Planning & Building Services Manager as Zoning Administrator within 30 days of the application being deemed complete (60 days if referred to a commission); Category II permits are decided with the development application and no building or grading permit issues until then (LMC 6-1706(d), 6-1707(d)). source
  6. A Category I permit is valid for 60 days from issuance unless the permit states a longer period; a Category II permit runs with the development permit (LMC 6-1706(g), 6-1707(i)). source
  7. Plant required replacement trees (15-gallon minimum) between October and April and within 60 days or the calendar year, whichever is longer, and send proof of planting to the Director within 30 days (LMC 6-1708(d)). source
TimelineCategory I: completeness review within 30 days of filing; decision within 30 days of the application being deemed complete, or within 60 days if referred to the DSIMPIC, Design Review Commission, Planning Commission, or City Council. No public posting or notice period applies to Category I permits (ministerial, no hearing).
“Within 30 days of deeming an application complete, the director shall approve, conditionally approve, or deny the application.” source
AppealLMC 6-1710 routes appeals to LMC 6-225 through 6-238 (or 8-2110). Category I permits are acted on by the Zoning Administrator, so the applicant or any other dissatisfied person may appeal to the Planning Commission within 14 calendar days of the decision (6-226(a)(2), 6-231, 6-232), with a further appeal to the City Council; decisions made by city staff rather than the ZA are appealed to the City Manager within 30 days (6-234). Tree Permit Appeal fee $350 (fee schedule).
“In the case of an appeal from any other action of the planning commission, design review commission or the action of the zoning administrator, within 14 calendar days after the date of the decision.” source
ReplacementLMC 6-1708: for each protected tree removed, destroyed, or extensively pruned, replacement trees of at least 15-gallon size at 1:1 for trees under 24 in. DBH, 2:1 for 24 in. to under 30 in., and 3:1 for 30 in. or greater, planted on the same property (not within 5 ft of a building); native riparian trees are replaced with native riparian species, all others with a 'recommended species' of the same size group. No in-lieu fee is provided; replacement is excused only where an arborist report finds no room, defensible-space spacing conflicts, or only Zone Zero locations, or where the removal was permit-exempt under 6-1705(a). source
FormsTree Permit Application packet (Instructions, Submittal Requirements checklist, Tree Permit Triggers, Replacement Calculation, Standard Application Form, Agreement to Pay for City Services), Rev. 2026-03-20 · Planning Fees Effective July 1, 2026 (Tree Permit Category I/II $350; Tree Permit Appeal $350) · City of Lafayette 'Tree Permit' page (Planning & Building, Do I Need A...)

Process verified October 9, 2026 against the city's code, forms and department pages.

The Permit Process: Step by Step

1

Determine if a permit is required

Check your tree's species and trunk diameter (DBH, measured at 4.5 feet) against the 2025 thresholds. Native species on developed property: 12"+ DBH. On undeveloped property, natives are protected at 6"+ and all other species at 12"+ DBH; street/right-of-way, downtown-commercial, ridgeline, development-required, and replacement trees are protected at any size. Riparian species: 6"+ DBH (4"+ for any component trunk). Contact Planning & Building at (925) 284-1976.

2

Get an arborist assessment

For protected trees, a written report from an ISA Certified Arborist is required documenting species, size, health, and removal justification. Dead/dying trees need arborist confirmation but are exempt from fees and replacement.

3

Submit the tree permit application

File the application with the Lafayette Planning & Building Department. Include the arborist report, site photos, and proposed replacement plan. Applications are available at lovelafayette.org.

4

City review and site evaluation

Planning staff reviews the application and may conduct a site visit. The 2025 ordinance provides expedited processing for imminent hazard and defensible space situations.

5

Receive approval and conditions

Approved permits include conditions for replacement planting (lower ratios under the 2025 ordinance). Defensible space removals may have simplified conditions.

6

Plant replacement trees

Plant approved replacement species within the specified timeframe. The 2025 ordinance reduced replacement ratios from previous levels. The city may inspect for compliance.

Arborist Notes: Lafayette

Michael Schuck
Michael Schuck
ISA Certified Arborist WE-15750A · 13 years in the Bay Area

Ridgeline and hillside oaks

Happy Valley, Reliez Valley and the ridgeline lots along Lafayette Ridge are where I see the hardest tree decisions. Dense oak woodland on steep, high fire hazard ground, and most of it protected native species. On a restricted ridgeline, natives are protected at any size. Fire-district notices here route through Contra Costa County Fire, not Moraga-Orinda.

Developed lots versus vacant lots

The threshold changes with the parcel. On a developed lot, native oaks, bay, buckeye and madrone are protected at 12 inches in diameter at 4.5 feet. On an undeveloped parcel the same natives are protected at 6 inches, and any other species at 12. Survey a vacant lot before site planning starts.

Creek trees most people assume are unregulated

Within 30 feet of a creek's top of bank, native riparian trees are protected at 6 inches. On a multi-trunk tree, any single trunk at 4 inches counts. That captures willow, alder, walnut and cottonwood. Downtown and Burton Valley are flatter and easier, but the riparian rule follows the creek.

When to call me

A permit tied to development needs an arborist report, and the current standalone application lists one as a submittal item too. A dead or dying tree skips the permit fee if a report attests to its condition and names the cause. The author must be an ISA Certified Arborist or ASCA Registered Consulting Arborist.

Lafayette neighborhoods: canopy, fire exposure and species

Tap a neighborhood for canopy cover, fire and pest exposure, and common species. Permit facts shown here come from the verified table above.

Select a neighborhood to explore its canopy profile.

Frequently asked questions about tree permits in Lafayette

Do I need a permit to remove a dead tree in 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) (verified 2026-07-31)

What is the fine for removing a tree without a permit in 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 (verified 2026-07-31)

How long does a tree removal permit take in Lafayette?

Category I: completeness review within 30 days of filing; decision within 30 days of the application being deemed complete, or within 60 days if referred to the DSIMPIC, Design Review Commission, Planning Commission, or City Council. No public posting or notice period applies to Category I permits (ministerial, no hearing). (verified 2026-07-31)

Does Lafayette require an arborist report for a tree removal permit?

Sometimes required. Category II (development-associated) permits: required (LMC 6-1707(b)(2)). Dead/dying-tree fee-waived permits: required to attest tree is dead/dying and cause (6-1705(b)(2)). Imminent-threat emergency removal: arborist certification (6-1705(c)(1)). Category I standalone: code lists arborist report only as 'supplemental information as may be necessary' (6-1706(b)(3)), but the current Tree Permit Application (Rev. 2026-03-20) lists 'ARBORIST REPORT prepared by a certified or consulting arborist' as a General Submittal Requirement (YES/N/A checkbox) and Step 2 says to 'ensure that all submittal requirements are included (arborist report, narrative, replacement calculations, etc)'. Director may also refer to a city arborist for peer review at applicant cost. (verified 2026-07-31)

Can I remove a tree for fire safety in Lafayette without a permit?

Expedited or fee-waived route. A tree whose trunk is within 5 feet of a building or attached deck may be removed with no permit, no fee and no replacement, and pruning for 10 feet of building/chimney clearance needs no permit (LMC 6-1705(a)); trees that Contra Costa County Fire has noticed for defensible space or a fuel break still need a permit but the fee is waived (6-1705(b)(4)); the Director may also waive the permit for Gov. Code 51182 defensible space in consultation with the fire district (6-1705(c)(3)). (verified 2026-07-31)

How does Lafayette measure a tree for the permit threshold?

Trunk diameter (DBH) at 54 inches above grade. 12" DSH developed natives / 6" undeveloped natives / 6" riparian, at 4.5 ft (verified 2026-07-31)

What trees are protected under Lafayette's ordinance?

Lafayette's Tree Protection Ordinance (Chapter 6-17) protects native species (oak, bay laurel, California buckeye, and madrone) at 12 inches diameter (DBH, measured at 4.5 feet) on developed property. On undeveloped property, natives are protected at 6 inches and all other species at 12 inches DBH; street/right-of-way, downtown-commercial, ridgeline, development-required, and replacement trees are protected at any size. Native riparian trees within 30 feet of the top of a creek bank are protected at 6 inches trunk diameter (DBH), and a multi-trunk riparian tree is protected if any single component trunk measures 4 inches or more (LMC 6-1704(b)(3)). Riparian species include maple, boxelder, alder, walnut, cottonwood, willow, oak, bay, buckeye, and elderberry.

What changed in Lafayette's January 2025 ordinance update?

The Chapter 6-17 update (adopted November 25, 2024, codified January 9, 2025) added explicit fire safety and defensible space provisions, revised penalty structures for violations, and lowered replacement tree ratios from previous levels. The update reflects Lafayette's effort to balance indigenous tree preservation with wildfire risk reduction, a tension that affects most hillside properties in the Lamorinda corridor.

Do I need a permit to trim a protected oak in Lafayette?

Routine pruning of protected trees does not typically require a permit if it follows ANSI A300 standards and is limited to deadwood removal, crown cleaning, and minor structural corrections. However, major crown reduction, significant limb removal, or pruning that substantially alters the tree's form on a protected indigenous species may trigger permit requirements. Consult an ISA Certified Arborist if you are unsure.

What is a riparian tree and why does Lafayette protect them differently?

Riparian trees grow along creeks, streams, and waterways. Lafayette protects riparian species (including maple, boxelder, alder, walnut, cottonwood, willow, oak, bay, buckeye, and elderberry) at just 6 inches diameter (DBH, measured at 4.5 feet), or 4 inches for any single component trunk of a multi-trunk tree. This stricter threshold reflects the ecological importance of creek corridors for erosion control, water quality, and habitat.

Which fire district covers Lafayette?

Lafayette is served by the Contra Costa County Fire Protection District (ConFire); LMC 6-1705 recognizes only ConFire notices for defensible-space removals. ConFire enforces defensible space requirements under PRC 4291.

What is the Lamorinda corridor and why does it matter for tree work?

Lamorinda refers to Lafayette, Moraga, and Orinda, three communities that share similar terrain, vegetation, and fire risk. Lafayette itself is served by the Contra Costa County Fire Protection District (ConFire), not the Moraga-Orinda Fire District.

Tree permits in nearby cities

Compare all 56 cities in the 56-city ordinance table, or run the permit checker.

Not sure what Lafayette 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.

Call Urban Forestry Guide Arborist report for Lafayette