Berkeley generally prohibits removal of protected coast live oak trees under BMC Chapter 6.52. When a narrow exception is granted (such as an affordable-housing development that genuinely cannot avoid the tree), the developer must replant a replacement coast live oak on the project site or another City-approved location selected at the City Manager's discretion.
BMC 6.52.010 declares a moratorium on removing any single-stem coast live oak (Quercus agrifolia) with a trunk 18 inches or more in circumference, or any multi-stem coast live oak with an aggregate trunk circumference of 26 inches or more, measured at 48 inches above grade. Excessive pruning — removal of more than one-fourth of the functioning leaf, stem, or root system within any 24-month period — is also prohibited. Limited exceptions exist for trees that pose an imminent danger to life or property and for trees that would substantially interfere with a development project providing 50 percent or more of units affordable to Extremely Low-, Very Low-, or Low-income households. When the affordable-housing exception is invoked, the developer must replace any removed protected oak with another coast live oak — either on the development site or at another location within the City of Berkeley, with placement determined by the City Manager. Replacement trees do not generally substitute for compliance with the moratorium for non-affordable-housing projects.
Removing or excessively pruning a protected coast live oak without a City Manager exemption is a public nuisance under BMC 6.52 and the city's general nuisance provisions. Civil penalties run up to $5,000 per violation per day. The city can also require the violator to plant a replacement coast live oak, pay the appraised value of the destroyed tree, and pay restoration costs for any associated damage to adjoining city property.
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