Do I Need a Tree Permit in Berkeley?
Berkeley's BMC Chapter 6.52 protects coast live oak exclusively on private property. Single-stem trees at 18 inches circumference and multi-stem at 26 inches aggregate (measured at 4 feet above ground) are protected. No other private species are regulated. There is no permit fee. Here's what you need to know.
Does my tree need a permit?
Berkeley ONLY regulates coast live oak on private property (BMC 6.52). Select your tree type below.
Measure circumference at 4 feet (48 inches) above ground. Multi-stem coast live oaks: 26″ aggregate threshold.
What trees are protected in Berkeley?
Berkeley Municipal Code Chapter 6.52 protects coast live oak exclusively on private property. Single-stem coast live oaks with circumference of 18 inches or greater, and multi-stem trees with 26 inches aggregate circumference, measured at 4 feet (48 inches) above ground, are protected. No other private tree species are regulated under this ordinance. Street and public trees are protected under BMC 12.44 regardless of species. The City Manager must find that a tree poses a potential danger to life or limb before removal can be approved (6.52.010(C)).
| Category | Protected at | Notes | Penalty |
|---|---|---|---|
| Coast live oak — single stem | ≥18″ circumference | Measured at 4 feet (48″) above ground. BMC 6.52. | Misdemeanor: $1,000 / 6 mo |
| Coast live oak — multi-stem | ≥26″ aggregate circ | Sum of stem circumferences at 4 feet above ground. | Misdemeanor: $1,000 / 6 mo |
| All other private species | NOT regulated | No permit required for non-coast-live-oak private trees. | N/A |
| Street / public trees (BMC 12.44) | Any size | City-owned, in right-of-way. Always protected. | Infraction (12.44.090) |
Coast live oak moratorium — only species regulated on private property
Berkeley's moratorium under BMC 6.52 applies ONLY to coast live oak. Removing one without City Manager approval is a misdemeanor: up to $1,000 fine and/or 6 months imprisonment, with each day a separate offense (BMC 1.20.010). No other private tree species are regulated. Submit requests via the Coast Live Oak form to trees@berkeleyca.gov.
How to get a tree removal permit in Berkeley
Coast live oak removal requests go through Parks, Recreation & Waterfront — Forestry. Follow these steps:
Measure the trunk
First determine if the tree is a coast live oak — BMC 6.52 ONLY protects coast live oak on private property. No other species are regulated. If it is a coast live oak, wrap a flexible tape around the trunk at 4 feet (48 inches) above ground. If circumference is 18 inches or greater (single stem) or 26 inches aggregate (multi-stem), the tree is protected.
Determine if moratorium applies
Confirm the tree species. Only coast live oak is regulated on private property. If your tree is any other species, no city approval is needed for private property removal. Street/public trees of any species are regulated under BMC 12.44.
Hire certified arborist for report
An ISA Certified Arborist report is recommended to document the tree's condition. The City Manager must find that the tree poses a potential danger to life or limb before approving removal (6.52.010(C)).
Submit application to Parks, Recreation & Waterfront — Forestry
File the permit application with Berkeley Parks, Recreation & Waterfront — Forestry at (510) 981-6660. Include the arborist report, site plan, and tree location map. Permit fees vary by project type — confirm current fees at time of application.
City review and site inspection
Parks, Recreation & Waterfront — Forestry reviews the request. The City Manager evaluates whether the tree poses a potential danger to life or limb. Timeline varies by case.
Receive approval and schedule work
Once approved, hire a licensed tree service (CSLB C-49). The approval must be on-site during removal.
What happens if you remove a tree without a permit?
Misdemeanor: up to $1,000 and/or 6 months
Unauthorized removal of a protected coast live oak is a misdemeanor: up to $1,000 fine and/or 6 months imprisonment, with each day constituting a separate offense (BMC 1.20.010). Street tree violations under BMC 12.44 are infractions. Contact Parks, Recreation & Waterfront — Forestry at (510) 981-6660 or trees@berkeleyca.gov before any work.
Berkeley's enforcement applies specifically to coast live oak on private property. If you're uncertain whether your tree is a coast live oak, an arborist consultation ($150–$300) can confirm the species. Remember: no other private tree species are regulated.
Fire zones and defensible space
Berkeley has fire zones in the hills, with the Very High Fire Hazard Severity Zone (VHFHSZ) requiring defensible space. Note that the coast live oak moratorium still applies in fire zones — contact Parks, Recreation & Waterfront — Forestry at (510) 981-6660 and the Fire Department at (510) 981-3473 for guidance on defensible space work involving coast live oaks.
Parks, Recreation & Waterfront — Forestry — contact and resources
Call before you spend money
Parks, Recreation & Waterfront — Forestry staff at (510) 981-6660 or trees@berkeleyca.gov can confirm whether your tree is a coast live oak. Remember: no other private species are regulated. A 10-minute call can save unnecessary worry.
Frequently asked questions
Does pruning require a permit in Berkeley?
BMC 6.52 restricts removal of coast live oaks but does not specifically regulate pruning. However, excessive pruning that effectively destroys a protected coast live oak could be treated as unauthorized removal. Other species on private property are not regulated.
What if the tree is dead or hazardous?
There is no dead-tree exemption for coast live oaks. The City Manager must find that the tree poses a potential danger to life or limb before removal can be approved (6.52.010(C)). Contact trees@berkeleyca.gov with the Coast Live Oak form and document the hazard with photos.
Can I remove my Coast Live Oak?
Only with City Manager approval. Under BMC 6.52, the City Manager must find that the tree poses a potential danger before removal is allowed. Submit a request via the Coast Live Oak form to trees@berkeleyca.gov. An arborist report documenting the danger is recommended.
What about replacement planting requirements?
The affordable-housing exception in BMC 6.52 requires 1:1 coast live oak replacement. For standard violations, penalties are per BMC 1.20.010 (misdemeanor). Contact Parks, Recreation & Waterfront — Forestry at (510) 981-6660 for details on any replacement requirements.
Related reading for Berkeley tree owners
Need a permit-experienced arborist?
Every company in our Berkeley rankings has been verified for CSLB licensing, ISA credentials, and permit experience with oak moratorium cases.