Tree rules in Oakland: permits, protected trees and fees
What Chapter 12.36 of the Oakland Municipal Code says about protected trees (coast live oak at 4 inches, other trees at 9 inches), the removal permit, the criteria, replacement planting and the infraction penalties, plus the street tree permit rule in Chapter 12.32.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes Chapter 12.36, Protected Trees, and Chapter 12.32, Street Trees and Shrubs, of the Oakland, California, Municipal Code as published on the Municode library and read on October 9, 2026, together with the City of Oakland's Tree Services page, also read on October 9, 2026. Fees are set in the city's master fee schedule, which the chapters name without giving amounts, so no permit fee is stated here. The wider list of cities is on the guide to tree permits in US cities.
Which trees are protected
Section 12.36.020 defines a protected tree on any property as a coast live oak (Quercus agrifolia) measuring 4 inches dbh or larger, and any other tree measuring 9 inches dbh or larger except eucalyptus and Monterey pine. Dbh is trunk diameter at four and one-half feet above the ground, and for a multistemmed tree the diameters of the trunks are added together and compared with the species minimum. The section gives equivalents in circumference: 12 inches for 4 inches of diameter and 28 inches for 9 inches.
Monterey pine is protected on city property, and in development-related cases when more than five Monterey pines per acre are to be removed. Where it is not protected, the section still calls for public posting and written notice to the Office of Parks and Recreation. Eucalyptus is not protected under the chapter. The section defines tree removal as destroying a tree by cutting, regrading, girdling, interfering with its water supply or applying chemicals, or distorting its proportions by topping, and it defines topping as removing the upper 25 percent or more of the trunk or main leader.
The permit and the criteria
Section 12.36.040 says removing a protected tree takes a tree removal permit. A permit stays valid one year from issue, with one further year on written request, and never beyond two years. Only the tree owner or a legally bound agent can apply (section 12.36.030).
Section 12.36.050 says the city grants a permit only when removal is necessary for one of five aims: public health and safety (tree health, hazard, nearness to structures, or interference with utilities or sewers), avoiding an unconstitutional regulatory taking, taking reasonable advantage of views, accepted professional forestry or landscape design practice, or the vegetation management prescriptions in the S-11 zone. It lists grounds for denial whatever the finding above: the removal of a healthy protected tree could be avoided by reasonable redesign or by trimming, thinning or tree surgery; drainage, erosion, stability or windscreen provisions are missing; the tree is one of a group that depends on each other for survival; or, for development-related applications, the tree's value under the International Society of Arboriculture criteria is greater than the cost of keeping it. Findings go in writing.
Development-related and other applications
| Step | What the code says |
|---|---|
| Where filed | Development-related: City Planning Department, with the zoning, design review or subdivision application. Other removals: Office of Parks and Recreation |
| Plans | Development-related: survey and site plan showing species, dbh and location of protected trees within 30 feet of the work. Other: site plan showing species, dbh and location of the trees to be removed |
| Posting | Development-related: sequential numbers at least 12 inches high painted on each tree, plus summary notices, within two days of applying. Other: city tree tags and summary notices within two days |
| Completeness notice | Within four working days, or the application is deemed complete |
| Public input | Neighbours notified within ten working days, with comment open at least 20 working days |
| Decision | Development-related: issue or deny within 20 working days of application |
| Appeal | Filed within five working days of the decision. Development-related: City Council. Other: Park and Recreation Advisory Commission |
For development-related work, permits are required for protected trees to be removed or within ten feet of the proposed building footprint or earthwork perimeter. An appeal to the City Council is heard within 13 working days of the decision and is deemed denied if not decided within 18 working days. Section 12.36.140 exempts hazardous trees on city property and reasonable branch clearance on Pacific Gas and Electric property under Rule 35 of General Order 95, and section 12.36.130 lets the Parks or Public Works director waive the permit in an emergency threat, with a report to the city on the next business day.
Conditions and replacement trees
Section 12.36.060 lets the city attach conditions. For trees that stay, these can include fencing at a distance set by the tree reviewer, minimised digging, filling or compaction inside the protected perimeter (the area under the drip line or a greater distance), no storage of harmful substances or heavy equipment there, no wires or ropes attached except as needed to support the tree, and no sign other than a botanical tag, and notifying the city of damage. Debris from removal goes off the property within two weeks. Anyone doing authorised removal work must carry workers compensation, public liability and property damage insurance.
Replacement plantings are required under set criteria. None are required for non-native species, for removals that benefit remaining trees, or where there is no room for a mature tree. The listed replacement species are coast redwood, coast live oak, madrone, California buckeye and California bay laurel, in 24-inch box size, with three 15-gallon trees allowed for each box tree. The minimum on-site planting area is 315 square feet per coast redwood and 700 square feet for each of the others. Where replacements cannot be planted, an in lieu fee from the master fee schedule can be paid and is used for planting in city parks, streets and medians. A replacement that fails to establish within one year is replanted at the applicant's expense.
Penalties and street trees
Section 12.36.150 says removing, damaging or endangering a protected tree outside the chapter is an infraction. The violator pays the city's investigation and enforcement costs and provides replacement trees or fees, not to exceed the value of the trees under the International Society of Arboriculture formula. A violator does not receive a certificate of occupancy on the project until the chapter is satisfied. Sections 12.36.160 to 12.36.190 give a ten working day response period, a City Council hearing on request, and a lien for the costs.
For trees on public streets, section 12.32.060 makes it unlawful to destroy, deface or mutilate a street tree, or to attach a rope, wire or sign to it, without a written permit from the Director of Parks and Recreation. Section 12.32.070 says such a permit names the work and expires 60 days from its date. The Tree Services page says the city only prunes trees in hazardous or emergency situations, and lists a street tree planting permit and a prune-your-own street tree hold harmless agreement form among its services.