Berkeley, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)

BMC § 12.44.020 makes it unlawful to cut, trim, remove, mutilate, injure or otherwise impair the growth of any tree, shrub or plant growing in or on a street, parking strip, public square, park or playground in Berkeley, or to cause or permit that work to be done, without first applying to the Director of Recreation and Parks for a permit. The Director may inspect before deciding whether to issue or refuse the permit, and can require that the approved work be done under City supervision, with the applicant paying the supervision cost if the Director sets that condition.

This permit requirement sits alongside § 12.44.010, which separately requires Recreation and Parks permission before anyone plants a new tree, shrub or plant on a street, parking strip, public square, park or playground, with the Director specifying the kind, variety and size allowed. Berkeley's tree ordinance is oriented around the public right-of-way rather than private yards: the code does not establish a heritage-tree or protected-tree permit for trees growing entirely on private property, so a homeowner removing a private tree is not subject to Chapter 12.44's permit process, only to the City's separate hazardous-vegetation nuisance rules if the tree becomes diseased or dangerous under Chapter 12.40.

Where a street tree or shrub has become a nuisance under § 12.44.050, meaning it interferes with utility poles, wires, streetlights, or blocks safe use of the sidewalk or street, or has become diseased or weakened to the point of danger, the Director serves a written abatement notice under § 12.44.060, and the occupant or owner has 48 hours after personal service (or 72 hours after mailing) to correct it under § 12.44.070, after which the City can do the work itself and assess the cost as a special assessment on the property under § 12.44.080.