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Fremont, CA Tree Protection: Heritage & Protected Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

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

Summary

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.

Presumptive Qualification for Landmark Tree Designation. A tree meeting all of the following criteria presumptively qualifies for designation as a landmark tree: (A) DBH is 54 inches or greater; ... (E) Probability that the tree will survive more than five years from date of landmarking while retaining substantial aesthetic appeal is at least 50 percent.

Full Breakdown

Sec. 130(a)(1) sets a presumptive standard for landmark designation: a DBH of 54 inches or greater, structure and character that exemplify the species or an extraordinary form, freedom from structural defects threatening injury or property damage, substantial aesthetic appeal, and at least a 50 percent probability of surviving five more years with that appeal. Trees that miss that bar can still qualify under Sec. 130(a)(2) for historic association, being a native or exceptional-adaptability species with special community significance, an especially prominent visual impact, or membership in a qualifying group of trees.

Trees designated in the general plan as primary historic resources are automatically landmark trees (Sec. 130(b)). Designation or de-designation is initiated by the landscape architect, the council, or the tree's owner; an owner seeking to remove landmark status must pay a council-set fee and cover inspection costs, while city-initiated or city-owned-tree proposals are free (Sec. 140). The council decides by resolution after a noticed public hearing under Sec. 020. Sec. 150 treats damaging or removing any landmark tree as at least a potentially substantial adverse environmental change unless the tree's five-year survival odds are below 50 percent or it has irreparably lost its aesthetic appeal, and authorization to remove one may only be given where preservation is infeasible or the tree meets the hazard/short-life-expectancy criteria of Sec. 070(a)(1) or (3).

Violations & Fines

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).

Frequently Asked Questions

How does a tree become a Fremont landmark tree?
The city council designates landmark trees by resolution under Sec. 18.215.130. A tree with a DBH of 54 inches or more, sound structure, and strong aesthetic appeal presumptively qualifies, but trees can also qualify for historic association, native-species significance, or prominent visual impact even without meeting the size threshold.
Can a homeowner remove a landmark tree from their own yard?
Only with authorization under Chapter 18.215's landmark tree provisions. Sec. 18.215.150(a) limits removal, damage, or relocation of landmark trees to the chapter's specific procedures, and an owner seeking to remove the designation itself must pay a council-set fee and inspection costs under Sec. 18.215.140(b).
What protects a landmark tree from being cut down?
Sec. 18.215.150(b) treats damaging or removing a landmark tree as at least a potentially substantial adverse environmental change unless its five-year survival odds with aesthetic appeal are under 50 percent or disease/age has already destroyed most of its appeal, making removal harder to authorize than for an ordinary protected tree.

Sources & Official References

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