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

Heritage Tree status under Section 10-15.19(2) is a staff determination, not a City Council vote: the City Landscape Architect designates a tree Heritage when it meets at least two of four tests, a native species listed in Section 10-15.14, essential habitat for a listed endangered or threatened species, horticultural rarity, or a documented historical or cultural connection to Hayward. That is a lower bar than Hayward's separate Memorial Tree program, which requires a City Council vote on a citizen or official nomination. Once a tree carries Heritage status, Section 10-15.23 requires Site Plan Review under Section 10-1.3000 before any removal, and the reviewing body may approve removal only if it finds the burden to the applicant of preserving the tree outweighs the public benefit, weighing seven listed factors: the tree's benefits, its contribution to neighborhood character and local ecology, its species, health and value, whether it anchors an important grove, its visibility to the public, whether the project itself provides a public benefit, and whether design changes short of removal are feasible.

Removal permits also require the findings in Section 10-15.22, and Section 10-15.21(4)(b) mandates a full arborist report whenever a Heritage Tree, a Memorial Tree, or three or more Protected Trees are proposed for removal. Mitigation for an approved Heritage Tree removal is set at up to the tree's full appraised replacement value under Section 10-15.21(6)(d), and if the Landscape Architect finds no on-site planting location for replacement trees, the applicant can instead pay an in-lieu fee equal to 125 percent of that appraised value under Section 10-15.21(7)(a).