Hercules, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Hercules, CA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Protected tree size
- 12-inch trunk diameter or more at breast height
- Where it applies
- Undeveloped or partially developed property only
- Residential exemption
- Council intent excludes established residential yards
- Emergency removal
- Requires Public Works Director sign-off, reported to Council
- Penalty
- Up to $1,000 fine, 6 months jail, or both
Summary
Hercules bans removing any living tree with a trunk 12 inches or more in diameter from undeveloped or partially developed land, public or private, under Sec. 4-15.03, though the City Council specifically exempted residential property owners' own yards. Violating it, or lying to get a removal approved, is a misdemeanor carrying up to $1,000 and six months in jail.
Except as provided in Section 4-15.04 or 4-15.05, no mature tree shall be removed from any undeveloped or partially developed property, whether public or private, within the City of Hercules for any reason. ... "Mature tree" includes any living tree with a trunk diameter measuring twelve (12) inches or greater when measured at "breast height," which is roughly four and one-half (4-1/2) feet above the surface of the ground. ... Violation of any of the provisions of this Chapter or the knowing or intentional misrepresentation to any officer or employee of the City of any material fact when requesting tree removal under Sections 4-15.04 or 4-15.05 shall constitute a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).
Full Breakdown
Chapter 15 of the Hercules Municipal Code defines a 'mature tree' as any living tree with a trunk twelve inches or more in diameter measured at breast height, roughly four and a half feet above ground (Sec. 02). 'Tree removal' covers not just cutting the tree down but any action foreseeably leading to its death or permanent damage, or stripping more than a third of its foliage outside routine species-appropriate maintenance. Sec. 03 prohibits removing a mature tree from any undeveloped or partially developed property, whether owned by the City or a private party, for any reason, except through the two exceptions Secs.
05 create. The purpose section explicitly states the Council's intent 'not to restrict the removal of trees by residential property owners,' so the ordinance targets vacant and development-ready parcels, not established residential yards. Sec. 04 lets a property owner remove a tree posing an immediate, substantial safety threat, but only after the Public Works Director, consulting the City Manager where possible and optionally a certified arborist, confirms an emergency and authorizes removal; that emergency removal must be reported to the City Council at its next meeting.
School grounds are exempt outright. Sec. 05 lets developers remove mature trees as part of an approved development project if the City approves and the developer implements a tree replacement plan, or if the state Department of Toxic Substances Control, Army Corps of Engineers, or Department of Fish and Game has issued a permit alongside a City-approved grading permit and replacement plan consistent with the General Plan.
Violations & Fines
Removing a mature tree without qualifying for an exception, or lying to the City about a material fact to get an emergency or development removal approved, is a misdemeanor under Sec. 4-15.06, punishable by a fine of up to $1,000, imprisonment of up to six months, or both.
Frequently Asked Questions
Can I cut down a mature tree in my own Hercules backyard?
What size tree does Hercules actually protect?
Can a developer clear mature trees from a vacant lot in Hercules?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California landscaping rules overview
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Tree Removal & Heritage Trees in Nearby Cities
How other cities in Contra Costa County handle tree removal & heritage trees.