Hayward, CA Animal Ordinances: Bird Protection (2026)
Key Facts
- Breeding season
- February through August
- Tidal marsh buffer
- 1,320 feet (1/4 mile)
- Marsh work window
- September to February only
- Survey trigger
- Any sitework in nesting season
- Governing state law
- Fish & Wildlife Code Secs. 3503-3513
- Unpermitted work fine
- 2x permit fee (Sec. 10-15.29)
Summary
Hayward requires all tree work, whether routine pruning or removal under the city's Tree Preservation Ordinance, to protect nesting birds under the federal Migratory Bird Treaty Act and California Fish and Wildlife Code Sections 3503-3513. Tree crews must avoid the February-through-August breeding season when feasible, and any work near the San Francisco Bay tidal marsh is confined to September through February.
All tree work shall comply with the Federal Migratory Bird Treaty Act as well as California Fish and Wildlife Code Sections 3503-3513, as amended, to not disturb nesting birds. To the extent feasible tree pruning and removal should be scheduled outside of the breeding season from February to August. A nesting bird survey shall be conducted prior to performing any sitework during the nesting season. A qualified biologist shall be involved in establishing work buffers for active nests. Work within one quarter mile (1,320 feet) of the San Francisco Bay tidal marsh will only be permitted from September to February.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).
Full Breakdown
16 of Hayward's Tree Preservation Ordinance folds federal and state bird law directly into every tree permit the city issues. Any tree work, pruning, removal, or grading within a Tree Protection Zone, must comply with the Migratory Bird Treaty Act and California Fish and Wildlife Code Sections 3503-3513, which bar taking active nests or eggs. The code sets February through August as the breeding season and directs applicants to schedule pruning and removal outside that window whenever feasible. 16 requires a qualified biologist to establish the work buffer around any active nest found.
The tightest restriction applies within one quarter mile (1,320 feet) of the San Francisco Bay tidal marsh, where tree work is permitted only from September through February, cutting the normal survey window in half for shoreline parcels. C. Section 703) and Fish and Game Code Section 3513. There is no standalone nesting-bird permit; the requirement rides on whatever tree, grading, or development permit the applicant already needs, so a missed survey stalls that permit rather than triggering a separate wildlife citation.
Violations & Fines
Tree work performed without the required nesting bird survey, or in violation of Section 10-15.16, exposes the responsible party to an administrative citation under Section 10-15.29, with the fine set at double the applicable tree permit fee. The City can also issue a stop-work order on development projects until compliance is demonstrated, and administrative citations are appealable to a hearing officer under Sections 1-7.07 through 1-7.10.
Frequently Asked Questions
Do I need a bird survey to trim a tree in my Hayward backyard?
Can I remove a tree near the Bay shoreline in summer?
What happens if a contractor disturbs an active nest?
Sources & Official References
Other rules in Hayward
California rules heatmap·Compare Hayward to another location·View the California animal ordinances overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Bird Protection in Nearby Cities
How other cities in Alameda County handle bird protection.