Oakland Municipal Code Chapter 12.36 (Protected Tree Ordinance) protects all coast live oaks 4+ inches diameter at breast height (DBH) and all other trees 9+ inches DBH on private property, plus every tree in the public right-of-way. A Tree Removal Permit from the Tree Services Division is required to remove, top, or severely prune a protected tree, with replacement planting typically required. Penalties for unpermitted removal can reach thousands of dollars per tree.
Oakland's Protected Tree Ordinance, codified in Oakland Municipal Code Chapter 12.36, is one of the stricter tree preservation ordinances in the Bay Area. On private property, the ordinance protects any coast live oak (Quercus agrifolia) measuring 4 inches or more in trunk diameter at 4.5 feet above ground (DBH) and any other tree species measuring 9 inches or more DBH, with the exception of eucalyptus, acacia, and a few other species classified as non-protected or wildfire-problematic. All trees in the public right-of-way (street trees) are protected regardless of size and are managed by the Tree Services Division of Oakland Public Works. Removal, topping, or severe pruning (typically removing more than 25% of the canopy) of a protected tree requires a Tree Removal Permit, obtained through an application that includes an arborist report justifying the removal based on health, hazard, or reasonable use of property. Replacement planting is normally required at a ratio tied to the size and species removed, or an in-lieu fee may be paid to Oakland's Urban Forestry fund. Protected trees on development sites are addressed during planning review, and construction near protected trees must follow root protection zone requirements. Unpermitted removal carries significant penalties β administrative fines commonly exceed $1,000 per violation and can reach thousands per tree, plus required replacement planting. Emergency removals of imminently hazardous trees are allowed but must be reported to the Tree Division within a specified time. Hazardous eucalyptus, Monterey pine, and acacia in the VHFHSZ are often subject to vegetation management requirements that run parallel to the Protected Tree Ordinance.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Oakland code enforcement directly for current fines, enforcement procedures, and hearing options.
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