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

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

Key Facts

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
In-lieu fee
125% of appraised value

Summary

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.

(2)Heritage Trees Determination. A tree is considered a Heritage Tree when the City Landscape Architect finds at least two (2) of the following criteria are met:a.Native Tree: The tree is a native species of Hayward, as listed in Section 10-15.14.b.Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species as identified by the projects Certified Arborist... c.Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward.d.Historical or Cultural Significance: The tree has a documented historical or cultural connection to the City of Hayward including original plantings or coincides with historical events in the City.(3)The removal of a Heritage Tree as part of a Development Project shall be approved by the highest approving body, based on the findings per Section 10-15.22.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

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. 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. 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. 21(7)(a).

Violations & Fines

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.

Frequently Asked Questions

How does a tree become a Heritage Tree in Hayward?
The City Landscape Architect designates it, finding at least two of four criteria under Section 10-15.19: native species, essential habitat for a listed species, horticultural significance, or a documented historical or cultural tie to Hayward. No City Council vote is required, unlike Memorial Trees.
Can a developer remove a Heritage Tree to build?
Only if the reviewing body finds, under Section 10-15.23, that the burden of preserving the tree outweighs the public benefit, after weighing factors including the tree's ecological value, visibility, and whether design changes could avoid removal.
What does removing a Heritage Tree cost?
Mitigation is set by Section 10-15.21(6)(d) at up to the tree's full appraised replacement value, and if on-site replanting is not feasible, the applicant pays the City an in-lieu fee equal to 125 percent of that appraised value under Section 10-15.21(7)(a).

Sources & Official References

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