California Laws and Regulations About Clearing Brush and Cutting Down Trees Around Homes

Neighbor Issues

• California law places the responsibility of cutting back trees and vegetation on the property owner. If the roots, branches or any other part of a neighbor's tree is on or near your property, your neighbor must cut back the vegetation. You are only responsible for the trees and brush on your own property. Booska v. Patel, a 1994 court case in the state, found that neighbors do not have the right to remove trees and brush that sit on their property if the vegetation begins in another's yard.

Penalties

• If you do trim a tree on a neighbor's property, then you might be held responsible for the replacement cost of that tree. It is possible to accidentally kill the tree when trimming or cutting it back. Under California law, you are required to pay the neighbor the cost of replacing the tree, with mature trees costing more than younger trees or saplings. You are also responsible for the costs of a landscaper or gardener that plants the new tree.

Protected Trees

• California law protects certain types of trees that are endangered. Manzanita, redwood and oak trees are all protected. Under California law, you are not allowed to cut or trim a tree of this type, even if the tree sits fully in your yard, if it is a specific size. Some counties and jurisdictions also protect significant trees, or heritage trees, of a specific size. The risk of accidentally killing the tree, during routine maintenance, is too great. If the tree interferes with the safety of your home, then you should appeal to your city and request professional trimming of the tree. Contact the city manager in your town regarding regulations in your neighborhood.

Brush Regulations

• California is well known for brush and wildfires, which affect the safety of homeowners. Public Resources Code 4291 requires property owners to keep 100 feet of space clear around any building or structure on their property. If your home or any outdoor structures are less than 100 feet from your property line, then you must clear the area up to the property line. Brush and other types of vegetation serve as fuel for a brush fire. According to the State Board of Forestry and Fire Protection, removing the brush increases the building's chances of surviving a fire.

Other Issues

• Trees, brush and other types of vegetation can block views and, during a storm, fall onto a neighbor's property. California law requires that the owner of the tree remove the trees or brush that land on a neighbor's property. If the incident occurred as the result of a natural cause, such as a storm, then the tree owner is not responsible for any damage the tree caused. If the incident occurred as the result of negligence, such as improper pruning or a diseased tree, then the tree owner is responsible for covering any resultant damage.