The Contra Costa County Tree Ordinance: Protected Trees, Permit Triggers, and Liability for Attorneys, Developers, and Property Owners

Protected Trees

Chapter 816-6 applies to private property in the unincorporated county. Its protected-tree definition is not a single species list or a single countywide diameter rule: the result depends on the tree's species, size, setting, grouping, and whether an approved plan or prior violation already requires the tree to be retained. A city parcel may be governed by a municipal ordinance instead, so the first step for any owner, developer, or attorney is to confirm whether the County or an incorporated city has jurisdiction.

• Indigenous trees in specified natural settings. On properties within the unincorporated area, an indigenous tree that is at least 20 inches in circumference — approximately 6.5 inches in diameter, measured 4.5 feet above ground — is protected when it is adjacent to or part of a riparian, foothill woodland, or oak savanna area, or part of a stand of four or more trees. The ordinance lists species including coast live oak, valley oak, California bay, coast redwood, California sycamore, cottonwood, willow, madrone, black walnut, and other indigenous trees.
• Specified commercial, industrial, open-space, and undeveloped properties. On the properties identified in Section 816-6.6004, protection includes any tree at least 20 inches in circumference, any multi-stemmed tree whose combined circumferences total at least 40 inches, and any significant grouping of trees, including a grove of four or more. The specified categories include developed commercial, professional-office, or industrial property; undeveloped property in any district; general-plan recreation or open-space areas; and certain visually significant riparian or ridgeline vegetation.
• Plan-protected and replacement trees. A tree shown for preservation on an approved tentative map, development or site plan, or required to be retained as a condition of approval is protected. A tree required to be planted as replacement for an unlawfully removed tree is protected as well, even if it would not otherwise meet the size or species criteria.

The practical measurement issue is important: circumference and diameter are measured 4.5 feet above ground, and the multi-stem rule uses the sum of the circumferences. Record the measurement, species, condition, dripline, and setting before pruning, grading, trenching, or removal. The current Chapter 816-6 text is the controlling reference; the County's tree-ordinance update page describes proposed changes separately.

Permit Triggers

Section 816-6.6002 prohibits trenching, grading, or filling within the dripline of a protected tree, and cutting down, destroying, topping, or removing a protected tree on private property in the county without a tree permit, unless an exception applies. Section 816-6.8002 says the application must be made at least ten days before the proposed removal or alteration. A collective permit may be available for a site where the applicant would otherwise qualify for three or more individual permits.

For a parcel in an incorporated city such as Richmond, Walnut Creek, Concord, or another municipality, do not assume Chapter 816-6 is the governing tree rule. Confirm the city boundary and the agency accepting the permit before ordering work or advising a client. The broader North Bay Tree Ordinance Reference is useful for comparison, but it does not replace jurisdiction-specific code review.

Removal Procedures

A complete tree-permit application should let the County identify the tree, understand the proposed work, notify the relevant parties, and evaluate alternatives. Chapter 816-6.8004 lists the required information and allows the County to request more during review.

• Document the tree and the reason. Provide the tree number, size, height, diameter, species, location, dripline, condition, photographs, reason for the requested alteration or removal, and proposed method.
• Map the site. Include a plot plan showing the approximate location of all trees, including trees proposed to remain. For development, show affected trees on grading, site, and development plans and generally include a tree survey unless the director provides otherwise.
• Address site impacts and authority. Explain soil stability and erosion effects where the tree is on a steep slope or near a creek. Include the property owner's signature, or written authorization if someone else submits the request, plus the required adjacent-owner notice envelopes, additional requested information, and application and permit fees. The County's permit-information page is the appropriate place to confirm current forms, contacts, and fee guidance.
• Expect review and possible arborist work. The director or designee reviews the application and may inspect the site. An arborist or forester report may be required when the reason involves tree health, when grading, trenching, or filling is proposed under the dripline, or when technical expertise is needed for a collective permit. The applicant pays for a required report.
• Track the decision and appeal window. The director may impose conditions, including replacement at a comparable size or quantity ratio. A single-tree permit is valid for 90 days and may be renewed on request; a collective permit runs for the period set by the director. A written appeal to the planning commission must be filed within ten calendar days of the director's decision.

For development, the cleanest workflow is to inventory and photograph trees before site plans are finalized, overlay the dripline on the grading plan, and resolve proposed encroachments before equipment arrives. The companion Tree Protection Zones guide covers construction controls across the North Bay, while the County code controls the Contra Costa-specific application and decision process.

Liability Considerations

Chapter 816-6 creates a practical evidence trail that can matter beyond the permit decision. It does not answer every private dispute or insurance question, but owners, developers, and attorneys should understand how compliance records affect the factual analysis.

• Owner and developer duties during construction. Before clearing, stockpiling, trenching, grading, compaction, paving, or a change in ground elevation, fencing must be installed at the dripline or at another area identified by an arborist report for trees to be preserved. Parking, storing equipment or materials, construction trailers, and dumping oil or chemicals within the dripline are prohibited for saved trees.
• Damage reporting and replacement. The property owner or developer must notify the department of construction damage. An arborist designated by the director determines the repair. A tree that was not approved for removal but dies or is significantly damaged because of construction or grading must be replaced with a tree or trees of equivalent size and a species approved as reasonably appropriate by the director.
• Security and continuing obligations. Before a grading or building permit is issued where trees are required to be saved, the owner or developer may have to deposit cash or other acceptable security on a per-tree basis. The County may hold it for two years, and a tree-maintenance agreement may transfer to a later owner for the remaining term.
• Attorney and claims-file considerations. Preserve the parcel jurisdiction, measurements, species and condition, approved plans, permits, notices, photographs, arborist reports, construction timeline, damage reports, and repair or replacement decisions. That contemporaneous record is relevant to code compliance and may also inform separate negligence, nuisance, trespass, boundary, or insurance analysis.

For a private tree-damage or property-loss matter, the ordinance is one evidence source rather than a substitute for legal advice. The tree-disputes guide discusses documentation for property-damage disputes, and the subrogation report guide addresses records used by claims professionals and counsel.

Enforcement & Penalties

Section 816-6.1208 states that violations may be punished and corrected in any manner provided by the County Code or otherwise allowed by law. It also states that each tree damaged or removed in violation of the chapter is a separate offense. The code text does not provide a single universal fine amount on this page, so the applicable enforcement remedy and amount should be confirmed with the County for the specific facts.

• Separate tree-by-tree exposure. A project that affects multiple protected trees should not be evaluated as one undifferentiated event. The ordinance expressly treats each tree damaged or removed in violation as a separate offense.
• Repair, replacement, and security consequences. Construction damage can require arborist-directed repair or equivalent-size replacement. Deposits, bonds, and maintenance agreements may also remain tied to trees required to be preserved, including through a later ownership transfer.
• Record and project consequences. Unpermitted work can create a correction, restoration, delay, notice, or approval problem in addition to any civil exposure. The safest response is to stop further disturbance, preserve the site record, and obtain qualified agency and professional guidance rather than attempt a retroactive verbal clearance.
• Check the current enforcement path. Use the County's Code Enforcement resources and current permit information for the agency contact, process, and fee details. Do not rely on a proposed ordinance update or on a rule from an incorporated city.

The best defense is documentation made before the work: a measured inventory, a clear plan overlay, a permit or development approval, visible protection fencing, photographs, and written arborist observations. If a tree has already been damaged or removed, preserve the pre- and post-work evidence and route the matter through the appropriate County process.

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