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Berkeley, CA Tree Protection: Protected Tree Species (2026)

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

Key Facts

Protected species
Coast Live Oak
Single-stem threshold
18-inch circumference
Multi-stem threshold
26-inch aggregate circumference
Pruning limit
25% of tree per 24 months
Moratorium ends
Only on adoption of a Tree Preservation Ordinance
Governing law
BMC Ch. 6.52
Last amended
Ord. 7615-NS, 2018

Summary

Berkeley has banned removal of Coast Live Oak trees since 1996 under BMC Chapter 6.52: any single-stem oak 18 inches or more in circumference, or multi-stem oak totaling 26 inches or more, cannot be cut down absent a narrow City Manager exception.

A. A Moratorium is declared on the removal of any single stem Coast Live Oak tree of a circumference of 18 inches or more and any multi-stemmed Coast Live Oak with an aggregate circumference of 26 inches or more at a distance of four feet up from the ground within the City of Berkeley. B. Any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited. Excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

52, titled 'Moratorium on the Removal of Coast Live Oak Trees,' declares a citywide ban rather than a permit system for this species. 010(A) bars removal of any single-stem Coast Live Oak with a circumference of 18 inches or more, or any multi-stemmed Coast Live Oak with an aggregate circumference of 26 inches or more, measured four feet up from the ground. 010(B) separately prohibits excessive and injurious pruning, defined as removing more than one-fourth of a tree's functioning leaf, stem, or root system within any 24-month period.

010(D). 010(E) and (F). 020 keeps the moratorium in force until the City Council adopts a separate Tree Preservation Ordinance, which as of this code text it has not done, so the original 1996 ban (last amended in 2018) remains the operative citywide rule for this protected species.

Violations & Fines

Chapter 6.52 does not carry its own separate penalty section; removal or excessive pruning of a protected Coast Live Oak outside the narrow Section 6.52.010(C)-(F) exceptions violates the moratorium directly and is enforced under the City's general code-violation authority. Because the ban has no permit-and-fine schedule of its own, unauthorized removal exposes a property owner or contractor to City enforcement action and required tree replacement rather than a set citation amount.

Frequently Asked Questions

Can I remove a Coast Live Oak tree on my Berkeley property?
Not without meeting a narrow exception. BMC Section 6.52.010(A) bans removal of any single-stem Coast Live Oak 18 inches or more in circumference, or multi-stem oaks totaling 26 inches or more, unless the City Manager finds the tree dangerous to life, limb, or property under Section 6.52.010(C).
How much can I prune a protected Berkeley oak tree?
Section 6.52.010(B) caps pruning at one-fourth of the tree's functioning leaf, stem, or root system in any 24-month period; removing more than that is defined as excessive and injurious pruning and is prohibited.
When does Berkeley's oak tree moratorium expire?
It does not have a fixed end date. Section 6.52.020 keeps the moratorium in effect until the City Council adopts a separate Tree Preservation Ordinance, which has not happened since the moratorium was declared in 1996.

Sources & Official References

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