Fire-hazard tree removal vs. your city's tree ordinance, city by city
By Michael Schuck, ISA Certified Arborist WE-15750A · Updated 2026-10-20
What state law actually says
PRC §4291 (state responsibility areas) and Government Code §51182 (very high zones in cities) require 100 feet of defensible space, but both carve out "single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels." The state requires fuel management, not tree removal. §51182(f)(1) expressly allows local defensible-space rules "more stringent" than the state's. No bill in the 2024–2026 sessions preempts local tree protection for defensible space; AB 1455 (2025) lets fire agencies approve equivalent alternative practices and is silent on trees. The withdrawn Zone 0 regulation (status here) likewise leaves trees in place if pruned to its standard, and Oakland's draft guidance says locally protected trees may be exempt from parts of it.
So the sequence is always: identify the hazard → check whether the tree is protected → check whether the city has a fire exemption or expedited path → if not, write the arborist report to the city's criteria → file.
The table
Thresholds are trunk diameter at breast height (DBH, 4.5 ft) unless noted as circumference. "Fire exemption" means removal without a permit when the condition is met. Checked against each code in October 2026; items marked verify couldn't be confirmed against the primary code text.
| City | Protected trees | Fire-hazard exemption? | Fire letter, replacement, penalty |
|---|---|---|---|
| Oakland | Coast live oak ≥4"; any other species ≥9". Eucalyptus and Monterey pine exempt. (OMC 12.36) | No Fire hazard is an approval ground ("hazard to life or property," vegetation management), not an exemption. Emergency waiver only for immediate threat. | Replacement 24" box natives (none required for non-natives). Infraction + ISA appraised value + lien. Code |
| Berkeley | Coast live oak only: 18" circumference single, 26" aggregate. No permit for other private trees. (BMC 6.52) | No in the oak ordinance. EMBER ordinance (Grizzly Peak and Panoramic areas, effective Jan 1, 2026) requires Zone 0 vegetation removal except mature trees. | Exception request to trees@berkeleyca.gov. Ordinance · EMBER guide |
| Orinda | Developed lots: seven native oak species ≥12". Vacant/downtown: any tree ≥6". Riparian natives ≥4". (OMC 17.21) | Yes "When required by the Moraga-Orinda Fire District for Fire Code compliance," plus fire-official emergency orders. Document to Planning. | MOFD letter is the exemption. Unpermitted: two 24" box per 6" removed or $675/tree, daily. Code |
| Lafayette | Developed: natives ≥12". Undeveloped: natives ≥6", others ≥12". Riparian ≥6". Eucalyptus, pines, cypress, Douglas fir, palms excluded. | Partial Trunk within 5 ft of a building: no permit. Chimney/building clearance pruning: no permit. ConFire-noticed trees: permit required, fee waived; Director may approve defensible-space work with the district. | Replacement 1:1 to 3:1, waived if it would violate spacing. Fines $1,000–$10,000/tree, doubling. Ordinance |
| Moraga | Native, orchard, historic trees ≥5" (or ≥40" multi-trunk perimeter). General trees on residential lots exempt. (MMC 12.12) | No fire clause Exempt: any tree within 5 ft of a structure; emergency approval by Town Manager. | Code verify penalties |
| El Cerrito | City regulates street trees only; says it is "not responsible for trees on private property." A 2019 draft private-tree ordinance; adoption not confirmed. | N/A verify | Confirm with Public Works before relying on "no permit." City page |
| Mill Valley | Heritage: tanbark oak 65", oak/madrone 75", redwood 95" circumference. (MVMC 20.67) | No "Reducing or eliminating fire danger" is an approval criterion; emergency removal only for immediate threat. | Heritage replacement three trees per 6" DBH, 24" box. Fines ≥$1,000 protected, ≥$5,000 heritage. Code |
| San Anselmo | Heritage ≥22" on developed lots; any tree ≥7" on undeveloped lots; acacia excluded. (SAMC 4-13) | No fire clause Emergency removal with Fire Chief, Police, or Public Works permission. | Infraction/misdemeanor. Code |
| Fairfax | Any tree ≥4" needs a permit; heritage natives at 12"–50" circumference by species. (FMC 8.36) | Partial Fire-department-required trimming for the WUI code is not "alteration." Undesirable species (acacia, eucalyptus, Monterey pine and cypress, pines) deemed a fire hazard by the fire department: ministerial permit. | Replacement ≥1:1. $1,000/violation. Code |
| Larkspur | Heritage ≥50" circumference at 24", any species. (LMC 12.16) | Yes, fire-prone species On Fire Code Official verification the City Manager issues the permit, fee waived, "no further procedures." List: acacia over 50 ft, eucalyptus, cypress, pines, spruce, juniper, yew. No planting fire-prone trees in high-hazard zones. | Code |
| Corte Madera | Chapter 15.50 "Trees" exists; text not retrievable. | verify | Code |
| Tiburon | Heritage over 60" circumference at 24"; all listed oaks any size; any tree on undeveloped land. (TMC 15A) | Yes If "the fire marshal declares a tree to be a fire hazard," town officials may authorize removal without a permit; reported next business day. | Replacement up to 3:1; nuisance abatement with cost recovery. Town page |
| Sausalito | Coast live oak ≥4"; heritage ≥10" developed; any ≥4" undeveloped. (SMC 11.12) | Species only Blue gum, Monterey pine and cypress, coast redwood, and acacias are "highly flammable" — no permit at any size. No general fire exemption. | Planning Commission review for the rest. City page |
| Novato | Heritage ≥24" (75" circumference); any ≥6" on vacant land. | Partial Pyrophytes (Monterey and Bishop pine, acacia, eucalyptus): notice and appeal waived, permit still required. | City document |
| Marin County (unincorporated) | Protected at 6" (oaks, madrone, willow, Sargent cypress) or 10" (redwood, Douglas fir, bay, buckeye); heritage 18"/30". Coastal zone excluded. (MCC 22.62) | Yes Exempt if "identified as a fire hazard by a Fire Inspector." Also up to two protected trees a year on a developed lot. | Document with arborist report and photos. Replacement up to 3:1 or $500/tree. Fact sheet |
| Woodside | Significant: 24" circumference slow natives, 30" fast natives, 36" non-natives at 48". (WMC 153.430s) | No A Woodside Fire thinning recommendation is an approval criterion. Defensible-space removals fee-exempt but permit required verify. | Fines $5,000 / $7,500 / $10,000+ per tree. Code |
| Portola Valley | Natives by circumference at 54": oaks and bay 36", blue oak 16", redwood and Douglas fir 54", maple and madrone 24". Non-natives unregulated. (PVMC 15.12) | No Emergency only on fire, police, or utility order. Permit required even for a dead tree. | Misdemeanor up to $500/day; 15-gal native replacement. Town page |
| Hillsborough | Any species ≥18" cumulative DBH. (HMC 14.04) | No Hazard track: arborist opinion verified by the town arborist, then direct issuance. | $150/inch or ISA value; 36" box replacement. Permit portal |
| Belmont | Natives ≥10"; others ≥14". (BCC 25) | No Blue gum, Monterey pine, acacia, palms need a permit but it issues automatically; emergency expedite available. | 15-gal or $611 in-lieu. City page |
| San Carlos | Heritage oaks 30" circumference; significant any species 11"; eucalyptus exempt. (SCMC 18.18.070) | No Oral emergency approval by Community Development. | Appraised value + 24" box. (650) 802-4261 |
| Redwood City | Any tree ≥12" diameter. (Ch. 35) | No Emergency with Police, Fire, or Parks permission. | $500/tree; like-size replacement. verify |
| Los Altos Hills | Heritage oaks (native oaks). (LAHMC 12-2.3) | No Immediate-danger finding by City Manager only. | Up to 5:1 replacement. Code |
| Saratoga | Ten native species ≥6"; others ≥10". (SCC 15-50) | Expedited Approval criteria include defensible-space removal within 100 ft in the WUI and ember-resistant zone removal; Monterey pine and blue gum in the WUI "may always be granted." Fee waived for defensible-space findings; notice and appeal waived for a trunk within 5 ft of a building. Fire department may order emergency removal. | Ember-zone removal needs a recorded maintenance agreement; WUI replacement capped 2:1. Up to $5,000/tree or replacement value. Code |
| Los Gatos | 12" single / 18" multi on developed residential; 8" hillside; blue and black oak, buckeye, madrone 8"; 4" on vacant and non-residential. (TC 29.10.0960) | Yes Removal or maintenance "to conform with the implementation and maintenance of Defensible Space per Chapter 9" is exempt — except the most protected categories, which need a permit with a Fire Chief-direction finding. | Up to $5,000/tree; $500–$1,000/day. Permit page |
| Monte Sereno | Oaks and redwoods over 20" circumference; others over 25" at 48". (MSMC 10.15) | No But a Hazardous Tree Removal Rebate: WUI parcels, listed fire-hazard species ≥25" circumference, 50% up to $1,000. | $1,000 citation + double fee. Brochure · Rebate |
| Cupertino | Specimen natives (oaks, buckeye, bigleaf maple, cedars, sycamore, bay) ≥12" single / 24" multi; heritage any size. (CMC 14.18) | No No private-tree fire or hazard exemption. | Retroactive fee; 3:1 heritage. City page |
| Scotts Valley | Oaks ≥8"; any tree ≥13"; any ≥8" near slopes over 20%; any size within 5 ft of right-of-way. (SVMC 17.44.080) | Species only Blue gum, acacia, palms, fruit trees, pitch-canker Monterey pine, bay under oak drip line: no permit. Dead or hazard trees: over the counter, no fee. | $136 fee; $40/replacement tree. Protected list |
| Santa Cruz County (unincorporated) | Coastal zone only: ≥20" inside the urban line; ≥40" outside if scenic; any tree in sensitive habitat. Outside the coastal zone, no private-tree permit verify. (SCCC 16.34) | No fire clause Over-the-counter eucalyptus removal, up to five trees within striking distance of structures, 3:1 native replacement. | Code · Eucalyptus practice |
Thresholds and permit mechanics for the cities Urban Forestry Guide covers match its 45-city permit guide; this table adds the fire-exemption column. Where the two differ, email a correction.
How to use this
- Is the tree protected at all? Species and size. A 7-inch Monterey pine in Oakland needs nothing. A 5-inch coast live oak does.
- Is there a species or fire exemption? Eucalyptus, Monterey pine, acacia, and juniper are the usual free passes. In Orinda, Los Gatos, Tiburon, Larkspur, and unincorporated Marin, a fire-agency finding is the exemption — get it in writing before cutting.
- Can pruning get you there instead? Chimney clearance, deadwood, limb-up, and roof clearance are permit-free almost everywhere and solve most inspection and insurer items. Heavy pruning (over a quarter of the canopy, topping) is regulated in some cities.
- If a permit is required, write to the criteria. The report has to make the city's own finding — hazard to life or property, fire-danger reduction, defensible-space spacing — with the evidence and the replacement plan. That's what the arborist report ($750–1,250) is.
- Plan the timeline. Four to twelve weeks is typical; longer with a hearing. File in winter for spring work.
Where a consulting arborist fits
Urban Forestry Guide has filed tree permits across 45 Bay Area cities and writes each report to the city's checklist. The report is $750–1,250 for one to three trees; filing is $750 flat, or $600 with our report, plus $100 per additional tree; city fees at cost. Hearings and appeals $175/hr. Permit service details →
Sources
- PRC §4291 · Government Code §51182 · AB 1455 (2025)
- City codes and permit pages as linked in each table row (checked October 2026).
- Urban Forestry Guide — Bay Area tree permit guides
Questions we get
Does state defensible space law override my city's tree ordinance?
No. PRC §4291 and Government Code §51182 both carve out 'single specimens of trees or other vegetation that are well-pruned and maintained,' and §51182 expressly lets cities adopt stricter rules. There is no 2024–2026 state law preempting local tree permits for defensible space. AB 1455 (2025) lets fire agencies approve alternative practices; it says nothing about tree protection.
Which Bay Area cities exempt fire-hazard removals from a permit?
Orinda (when required by Moraga-Orinda Fire), Los Gatos (defensible space under its Chapter 9, except the most protected categories), unincorporated Marin County (fire-inspector-identified hazards), Tiburon (fire marshal declaration), and Larkspur (fire-prone species on Fire Code Official verification, fee waived). Lafayette waives the fee for fire-district-noticed trees but still requires the permit. Saratoga expedites and waives fees but still requires approval.
Does a letter from the fire department get me the permit?
It supports the application nearly everywhere and substitutes for a permit only where the code says so — Orinda, Lafayette (fee), Los Gatos, Larkspur, Marin County, Tiburon, and for undesirable species in Fairfax. In Oakland, Berkeley, Mill Valley, Woodside, Portola Valley, and Hillsborough, fire hazard is a reason the city will weigh; you still need the arborist report and the permit.
Are eucalyptus and Monterey pine protected?
Usually not. Oakland, Lafayette, San Carlos (eucalyptus), Sausalito, Scotts Valley, Fairfax, and Larkspur exempt or expedite them. Novato waives the notice period. Saratoga says removal of Monterey pine and blue gum in the WUI 'may always be granted.' Belmont requires the permit but issues it automatically. Check the table — and the size threshold — before you assume.
What happens if I remove a protected tree without a permit?
Oakland: infraction plus the ISA appraised value and a lien. Lafayette: $1,000–$10,000 per tree, doubling. Woodside: $5,000–$10,000+ per tree. Orinda: two 24-inch-box replacements per 6 inches removed or $675 a tree, daily. Mill Valley: $1,000 minimum, $5,000 for heritage trees. Los Gatos: up to $5,000 per tree. 'It was a fire hazard' after the fact is not a defense anywhere on this list.
What does the city's arborist report need to say?
That the tree meets the city's own approval criteria — in Oakland, 'hazard to life or property' or vegetation management; in Mill Valley, 'reducing or eliminating fire danger'; in Saratoga, the defensible-space or ember-zone findings — with the condition, the spacing or clearance problem, why pruning can't solve it, and the replacement plan. Generic 'it could burn' doesn't clear. We write to each city's checklist; that's the $750–1,250 arborist report.