Fremont's Tree Protection: The Rules That Matter

Every city handles tree protection a little differently. In Fremont, California, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Parkway Planting

Fremont requires a street tree permit or approved development plan before anyone plants a tree in the public right-of-way, and planting must follow city-adopted standard details using only city manager-approved species.

Key details: Permit required: Street tree permit or approved development plan. Species control: Only city manager-approved species. Planting standard: City council-adopted standard details. Administering official: City manager. First damage penalty: $250 fine.

Planting an unapproved species or planting without a street tree permit or approved development plan violates Section 12.30.030, and damaging a permitted street tree (paving, raised planters, or injurious substances within four feet) under Section 12.30.170 draws an administrative penalty of $250 for a first offense, $750 for a second, and $1,000 for a third or subsequent offense, or $1,000 flat for intentional damage under Section 12.30.180.

Compared to other cities, Fremont takes a harder line on parkway planting. The enforcement and penalty structure reflects that.

Heritage & Protected Trees

Fremont's city council can designate any tree a "landmark tree" by resolution, giving it special protection. A tree with a 54-inch trunk diameter and strong structure and appeal presumptively qualifies, and removal generally requires council authorization.

Key details: Designation authority: City council, by resolution. Presumptive DBH threshold: 54 inches. Survival-probability standard: 50%+ for 5 more years. De-designation fee: Owner pays; city-initiated is free. First-offense fine: $250.

Landmark trees may be removed, damaged, or relocated "only in accordance with the provisions of this chapter which specifically pertain to them" (Sec. 18.215.150(a)). Unauthorized removal or damage carries the same Chapter 18.215 penalties as any protected tree: $250 for a first offense, $750 for a second, $1,000 for a third or later offense, or a flat $1,000 for a knowing or intentional violation, plus mitigation set case-by-case by the landscape architect given the tree's special quality (Sec. 18.215.200(c), 18.215.060).

This is one of the stricter rules in Fremont's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Protected Tree Species

Fremont's tree preservation ordinance gives native species a lower protection threshold than other trees: an oak, redwood, buckeye, madrone, sycamore, big-leaf maple, red-bud or bay only needs a 10-inch trunk diameter to require a city permit before removal, versus 18 inches for other trees.

Key details: Native species list: Oak, redwood, buckeye, madrone, sycamore, maple, red-bud, bay. Native tree permit trigger: 10 inches DBH. Non-native tree threshold: 18 inches DBH. First-offense fine: $250. Permitting official: City landscape architect.

Damaging or removing a protected native or exceptional-adaptability tree without authorization triggers the same administrative penalties as any Chapter 18.215 violation: $250 for a first offense, $750 for a second, and $1,000 for a third or subsequent offense, or a flat $1,000 per offense if done knowingly or with intent to injure the tree (Sec. 18.215.200(c)). Violators, including tree service employees and lot owners, are jointly and severally liable and must pay mitigation costs plus the city's investigation costs (Sec. 18.215.180, 18.215.190(c)).

This is one of the stricter rules in Fremont's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Fremont is tougher than many cities when it comes to tree protection. Out of the 3 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Fremont, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Fremont can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.