Question 1

Who is responsibile for maintaining the public "Right-of-way"? "

Accepted Answer

The property owner is responsible for maintaining the portion of public right-of-way from the edge of the pavement to the back of the right-of-way on their property including trees located therein. Additional responsibilities include ensuring the safety of the public from harm caused by improper or neglectful maintenance of the trees. For assistance determining Alameda County’s right of way on your property, please call (510) 670-5500.

Question 2

Do I need a permit to prune or remove a tree from the public-right-of-way?

Accepted Answer

Permits are required to plant, prune or remove a tree within the County right-of-way. Minor pruning (cutting of branches that are 1" in diameter or less) can be performed without a permit.

Question 3

How do I get a tree permit?

Accepted Answer

Permit applications can be obtained by either calling (510) 670-5480, in person at the Public Works Agency building at 399 Elmhurst St. in Hayward, or online at www.acpwa.org/pas/urban-forestry.   There is a non-refundable $50 application fee that covers a portion of the cost of the inspection.   Annual permits are available for qualifying contractors for maintenance only. If a contractor in possession of a yearly permit is hired, the homeowner will not need to apply for an individual permit. Contact the Public Works Agency at (510) 670-5480 to obtain a list of contractors with current yearly permits.

Question 4

Why does the country prune some trees and not other trees in the public right-of-way?

Accepted Answer

Alameda County prunes trees in the right of way areas for vehicle and pedestrian clearance, to reduce sight obstruction and to promote better street light illumination.   The County does not prune all sides of a tree and the tree can have a nonsymmetrical appearance if the tree is not uniformly pruned. Dead or dying branches may remain in the tree after the County takes action to provide clearance pruning for the road right-of-way. If you decide to remove these branches and/or restore symmetry and aesthetics of the tree, please contact the County for information about any required permits. To request tree pruning services, please call (510) 670- 5500.

Question 5

What is a public "Right-of-way"? "

Accepted Answer

Public right-of-way means land, which by deed, conveyance, agreement, dedication, usage or process of law is reserved for use as a public roadway and includes gutters, sidewalks, curb strips and walkways adjacent to the road.

Question 6

Who is responsbile for maintaining the trees in the public right-of-way?

Accepted Answer

The property owner is responsible for maintaining trees on property adjacent to the roadway in the same way that trees that are located in your front, side or backyard areas are maintained.   Under the Tree Ordinance, the County may notify the property owner of the need to prune trees for safety clearances, remove broken branches which pose safety hazards and/or remove obviously dead or dying trees that present a reasonably foreseeable risk to the traveling public.   If the property owner does not perform the requested work, the County retains the right to do necessary maintenance work and seek reimbursement from the property owner.

Question 7

Are the utilitiy companies responsible for pruning any trees?

Accepted Answer

The utility companies have a right to use the public right-of-way to provide services to the adjoining property. The Pacific Gas and Electric Company (PG&E) is obligated to prune trees back from overhead high voltage and transmission lines to meet safety requirements specified in state law and regulations. PG&E’s pruning of trees is usually carried out by contractors. If you believe a tree presents a danger to utility lines in your neighborhood, please call PG&E at 1-800-743-5000.

Question 8

Who owns the trees along the road?

Accepted Answer

Trees belong to the owner of the property adjacent to a public street, road or sidewalk, even if they are located within a dedicated public “right-of-way.”

Question 9

Will the county remove a tree when an arborist inspects a tree in the public right-of-way and advises it should be removed?

Accepted Answer

Not necessarily. The decision to remove the tree will depend on the urgency of any potential danger that the tree poses to the users of the roadway. The responsibility and expense for removing the tree rests with the property owner and permits for removing and replacing the tree are required.

Question 10

Do I need a permit to cut down a tree?

Accepted Answer

Registered heritage trees, trees that provide land stability, are of a protected species or size, or provide visual screening/and or privacy are subject to tree removal permits.

Some factors used to determine tree removal approval include hazardous situations, number of trees on a property, damage to existing structures, and reasonable development. Prior to removing any tree on your property, you are advised to contact the Planning Division at (925) 674-7205 to verify your tree does not require a removal permit.

Question 11

Is there a list of indigenous trees?

Accepted Answer

Any tree part of a stand of four or more trees and is 6.5 inches in diameters measured 4 ½ from ground level and is included in the following list of indigenous trees is protected. Arroyo Willow Bigleaf Maple Black Cottonwood Blue Oak Box Elder California Bay or Laurel California Black Oak California Black Walnut California Buckeye California Juniper California Sycamore Canyon Live Oak Coast Live Oak Coast Red Elderberry Coast Redwood Digger Pine Fremont Cottonwood Interior Live Oak Knobcone Pine Madrone Tanoak or Tanbark Oak Toyon Valley Oak White Alder Yellow Willow

Question 12

Do my neighbors need a tree permit to remove a tree? When do they need a permit and what is the process and timeline involved?

Accepted Answer

The Tree Protection and Preservation Ordinance (Chapter 816-6) defines a protected tree. A tree is either protected or not protected based on its characteristics (e.g. trunk size, species) and the characteristics of the property on which it is located.   The Ordinance requires that the property owner obtain a tree permit from the county before trenching, grading or filling within the dripline of any protected tree or before cutting down, destroying, trimming by topping or removal of any protected tree.

Question 13

More protected trees in Contra Costa County

Accepted Answer

Any tree measuring 6 ½ inches diameter measured 4 ½ from ground level, or any multi-stemmed tree with the sum of the circumferences measuring 40 inches or larger, measured 4 ½ from ground level, or any significant grouping of trees, (groves of four or more trees) that is located on any of the properties specified below:   Any developed property within any commercial, professional office or industrial district. Any undeveloped property within any district or private property that can be subdivided. Any area designated on the general plan for recreational purposes or open space. Any area designated in the county general plan open space element as visually significant riparian or ridge line vegetation and where the tree is adjacent to or part of a riparian foothill woodland or oak savanna area. (Ords. 94-59, 94-22) For permit application information contact the Community Development, 925-335-1381.

Question 14

Tree Permit: Ordinance Compliance in Contra Costa County

Accepted Answer

http://www.contracosta.ca.gov/documentcenter/view/2747

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