How Hayward Handles Tree Protection: A Practical Guide

Hayward maintains 169 local ordinances across all categories, and 3 of those deal specifically with tree protection. Here is a breakdown of what the city actually requires, what is prohibited, and where Hayward falls on the strict-to-permissive spectrum compared to other cities.

Parkway Planting

Hayward requires a written permit from the Landscape Maintenance Manager before anyone plants a tree or shrub in a public street, planting strip, or other public place. The permit must specify the location and species, and only trees from the city's Official Street Tree List qualify. Planting without one violates Municipal Code Section 7-2.57.

Key details: Permit required: Written permit from Landscape Maintenance Manager. Species restriction: Must be on Official Street Tree List. List location: Filed with City Clerk and Public Works. Appeal window: 10 days to City Council. Enforcing office: Landscape Maintenance Manager, Public Works Dept..

Planting a street tree without a Landscape Maintenance Manager permit, using a species outside the Official Street Tree List, or damaging an established parkway tree violates Sections 7-2.57 through 7-2.62. Under the Code's general penalty clause, Section 1-3.00, an uncorrected violation is a misdemeanor or infraction, with fines capped by Government Code Sections 36900 and 36901; a third infraction in twelve months can be charged as a misdemeanor.

Protected Tree Species

Hayward's Tree Preservation Ordinance names 17 native species, from big leaf maple to coast live oak, as Protected Trees once they reach four inches in trunk diameter under Sec. 10-15.14(1). Non-native trees on commercial lots or in residential front yards are protected at eight inches diameter, and street trees, memorial trees, heritage trees and mitigation replacement trees are protected regardless of species or size.

Key details: Native species DSH threshold: 4 inches. Non-native DSH threshold: 8 inches, commercial/front yard. Native species count: 17 listed species. Coast Redwood threshold: over 36 inches DSH. Removal fine: double the permit fee.

Removing or damaging a Protected Tree without a permit, or violating permit conditions, draws an administrative citation under Sec. 10-15.29 equal to double the required permit fee, plus mitigation valued from an arborist appraisal or, absent evidence, set by the Director. The City can instead issue a notice of violation under Sections 1-7.14 and 1-7.15, order a stop-work on development projects until compliance is shown, and revoke any related permit under Sec. 10-15.30. Recipients may appeal to an administrative hearing officer.

This is not one of those rules that cities tend to ignore. Hayward actively enforces its protected tree species requirements.

Heritage & Protected Trees

Hayward designates Heritage Trees when the City Landscape Architect finds at least two of four criteria under Section 10-15.19: native species, essential wildlife habitat, horticultural significance, or historical or cultural ties to the city. Removing a Heritage Tree in a development project needs approval from the highest review body under the public-benefit test in Section 10-15.23.

Key details: Designation standard: 2 of 4 criteria, staff finding. Deciding official: City Landscape Architect. Removal review: Site Plan Review, Sec. 10-1.3000. Removal test: Applicant burden must outweigh public benefit. Mitigation cap: Up to full appraised tree value.

Removing or severely pruning a Heritage Tree without the Section 10-15.23 findings triggers the same administrative citation scheme as any other Protected Tree violation: a fine under Section 10-15.29 equal to double the applicable permit fee, plus mitigation valued up to the tree's full appraised worth. The City may order a development project to cease work until the applicant obtains the permit, and citations are appealable to a hearing officer under Sections 1-7.07 through 1-7.10.

Compared to other cities, Hayward takes a harder line on heritage & protected trees. The enforcement and penalty structure reflects that.

The Bottom Line

Hayward is tougher than many cities when it comes to tree protection. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Hayward, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Hayward's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.