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San Ramon, CA Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger
Active nest of Migratory Bird Treaty Act species
Effect
Mandatory denial/delay of tree removal permit
Who determines nest status
Qualified professional / environmental review
Applies to
Protected trees only (Section D5-8.A)
Appeal path
Chapter D7-II

Summary

San Ramon's Tree Removal Permit review must protect active bird nests. Section D5-11.C.3 forces denial of a permit to remove a protected tree containing an active nest of a species covered by the federal Migratory Bird Treaty Act until a qualified professional confirms safe relocation, or nesting is complete.

C. Considerations for denial of a Tree Permit. A Tree Removal Permit shall be denied if the review authority finds that any one of the following situations exists... 3. The tree to be removed contains an active nest of a bird covered by the Migratory Bird Treaty Act, that has been identified through the project environmental review process or that is otherwise known to the review authority, and a qualified professional has determined that the relocation of the nest without damage to the nestlings is not possible. In this case, tree removal shall be delayed until nesting is complete.

Full Breakdown

The protection sits inside the City's Tree Removal Permit process for protected trees under Division D5, Chapter II. B requires a Tree Removal Permit before any protected tree is relocated, removed, or cut down, whether standalone or as part of a building, grading, or discretionary project approval. 3 makes an active bird nest a mandatory denial ground: if the tree targeted for removal contains an active nest of a bird species covered by the federal Migratory Bird Treaty Act, identified either through the project's environmental review or otherwise known to the review authority, and a qualified professional determines the nest cannot be relocated without harming the nestlings, the City must deny removal of that tree until nesting is complete.

The rule does not extend to non-protected trees or ordinary landscaping trimming outside the Tree Removal Permit process, and it applies whether the removal is a standalone application handled by the Planning Services Division under Section D5-9 or bundled into a Development Plan, Use Permit, Minor Use Permit, Variance, or subdivision map application. Because the finding is tied to the environmental review conducted for the underlying permit, an applicant proposing removal of a protected tree during nesting season should expect the City to require a qualified biologist's nest survey before it will act on the application.

Violations & Fines

There is no standalone bird-nest fine in this chapter: removing a protected tree with an active covered-species nest without the required delay is treated as removing a protected tree without a valid permit, which triggers the Municipal Code's general enforcement provisions under Section D5-8.D. The review authority's denial or delay decision is appealable like any other Tree Removal Permit decision under Chapter D7-II.

Frequently Asked Questions

Can San Ramon deny a tree removal because of a bird nest?
Yes. Section D5-11.C.3 requires denial of a Tree Removal Permit for a protected tree that contains an active nest of a species covered by the Migratory Bird Treaty Act, whenever a qualified professional determines the nest cannot be relocated without harming the nestlings, until nesting is complete.
Who decides whether a nest is protected under this rule?
A qualified professional retained for the project's environmental review makes that call, determining whether the nest can be relocated without harming the nestlings. If no environmental review is underway, the review authority itself can rely on its own knowledge that an active covered-species nest exists before deciding the Tree Removal Permit application under Section D5-11.C.3.
Does this rule apply to any tree, or only protected trees?
Only trees that already qualify as a protected tree under Section D5-8.A and are the subject of a Tree Removal Permit application under Section D5-11; ordinary landscaping trees outside that permit process aren't covered by this specific clause.

Sources & Official References

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