Piedmont's Viewshed ordinance: a 1980 baseline, arbitration by an arborist, and the City stays out of it

What does the Piedmont ordinance protect? (3.22.4, 3.22.5)

• The right: "A person owning property in Piedmont shall have the right to establish a view claim and obtain restorative action" (3.22.4). The purpose clause names the views the City had in mind: San Francisco Bay, the city, the bridges, islands and ships, and the Piedmont hills (3.22.1c).
• Baseline: no right "greater than that which existed in 1980 or at the time of the claimant's subsequent acquisition of the property," whichever is later, and the claimant "shall provide evidence documenting the extent of said view" (3.22.5a).
• Measuring the view and the obstruction: the vantage points, landmarks in the view, and how much other factors already diminish it (3.22.5b); the obstruction as a percentage of the total view, "by means of a surveyor's transit, or by photography, or both," and the quality of what is blocked (3.22.5c).
• Weighing the tree: screening, wildlife habitat, soil stability on the slope, energy and climate benefit, visual quality, economic value "as measured by the criteria developed by the International Society of Arboriculture," and native, rare or historic character (3.22.5d).

Which trees are exempt? (3.22.3, 3.22.5e)

Six species are "categorically exempted": coast live oak, California bay laurel, box elder, California buckeye, madrone and tanbark oak (3.22.3a). Trees on land owned or leased by a public agency or utility are exempt too; a claim about a City tree goes to the Park Commission, with an appeal to the City Council within 10 days (3.22.3b). Where they grew on their own, bigleaf maple, white alder, copper beech, toyon, yellow and black willow, blue elderberry and redwood get "special consideration" (3.22.5e).

What can be ordered? (3.22.6, 3.22.7)

Restorative action "shall be limited to: pruning, thinning, minor topping, or tree removal with or without replacement plantings" (3.22.6), judged by effectiveness, harm to the tree's benefits, structural and biological effect, and cost "as determined by consultation with a certified arborist." The order of preference is written into the code (3.22.7): pruning or thinning of branches where possible; minor topping only where it does not spoil the tree's proportions, growth or health; removal "only when all other restorative actions are judged to be ineffective." A tree owner who loses screening or privacy may have replacement screen plantings established before removal, and may choose removal with replacements instead of trimming. "All trimming, topping, thinning and tree removal required under this Section must be performed by a certified arborist" (3.22.7.5). A claim can also end with a finding that no action is required (3.22.8).

What is the process? (3.22.12 to 3.22.16)

1. Initial reconciliation (3.22.12). Written notice to the tree owner, "accompanied by personal discussions, if possible." Keep proof: the view claim must later show that written attempts at conciliation "have been made and failed," for example certified-mail receipts (3.22.2h.4).
2. The view claim (3.22.2h). The written basis for arbitration or court: the nature and extent of the obstruction with photographs, the exact location of every tree and the owner's name and address (a survey or plot plan will do), the mitigation proposed by either side, and the evidence that reconciliation failed.
3. Binding arbitration (3.22.13). Only if both parties elect it in writing. The arbitrator, a licensed landscape architect or ISA Certified Arborist, may hear each side's experts or investigate alone, and files a written report with the claimant, the owner and the City: findings on every 3.22.5 standard, the mandated actions, and at least three bids from certified arborists. The work must be done within 30 days of the report, and "the findings of the view arbitrator shall be final."
4. Litigation (3.22.14). If arbitration is not elected, a civil action, with the burden on the claimant to prove the obstruction and the suitability of the proposed work. The filing party must notify the Public Works Department in writing.
5. Enforcement (3.22.16). "A violation of this Section is not a misdemeanor or an infraction." The claimant may seek an injunction to enforce a mandated action.

Who pays? (3.22.9 to 3.22.11)

The costs of restorative action, replacement plantings and arbitration split 50/50 only where the owner planted the tree after October 3, 1988, the ordinance's effective date. The owner pays all of it where they "refused to participate in good faith" in reconciliation or arbitration and the claimant then won at trial or judicial arbitration, and in any repeat dispute over the same trees or their replacements. In all other cases the claimant pays 100% (3.22.9). Each side carries its own attorney fees unless the matter goes to trial or judicial arbitration, when the prevailing party recovers reasonable fees and costs (3.22.10). An owner who loses in court also owes the City a $1,000 civil penalty (3.22.11).

Piedmont's tree rules, apart from views

Piedmont has no permit for removing a tree on private property; its tree chapter regulates public trees, and the City can order a hazardous private tree removed on 24 hours' notice at the owner's expense (City Code 3.21). So the view ordinance, not a permit, is usually the only rule standing between a neighbor and a saw. Piedmont tree rules on Urban Forestry Guide →

What the View Obstruction Report does in Piedmont

1. Documents the baseline view against your 1980-or-purchase evidence and today's obstruction as a percentage, tree by tree, by photograph and, where it matters, by transit (3.22.5c).
2. Identifies each tree to species and condition, and says which are exempt under 3.22.3 and which get special consideration under 3.22.5e.
3. Works through the 3.22.5d tree-benefit factors, including slope stability and the ISA economic value the code names.
4. Proposes restorative action in the 3.22.7 order, pruning before topping before removal, with the arboricultural consequence of each, written so an arbitrator can adopt it and bid it.
5. Assembles the view claim contents under 3.22.2h, including the reconciliation record.

From $950. Arbitration and mediation attendance $250 per hour. Also ordered by tree owners answering a notice, and by either side preparing for arbitration. Start the report

Source

1. Piedmont City Code Chapter 3 (effective May 21, 2025), section 3.22 Viewshed, sections 3.22.1 through 3.22.16 (Ord. No. 510 N.S., July 1989), read from the City's PDF on October 26, 2026. Confirm current text with the City of Piedmont before filing.
2. City of Piedmont, Charter and City Code.