Tiburon's view and sunlight ordinance: rights, process, and what the arborist has to show
By Michael Schuck, ISA Certified Arborist WE-15750A · Last reviewed 2026-10-23
What the ordinance protects (15-2, 15-3)
- View: "a scene from the primary living area of a residence or the active use areas of a nonresidential building," generally medium or long range: skylines, bridges, bodies of water.
- Sunlight: "the availability of direct or indirect sunlight to the primary living area of a residence."
- Tree: any woody plant that could obstruct a view or sunlight, including shrubs, hedges and bushes.
- Baseline: the right covers views or sunlight that "existed at any time since they purchased or occupied" the property, and the documentable extent during the present owner's or occupant's tenure is the maximum that can be restored (15-7(b)).
What is unreasonable (15-4, 15-5)
Section 15-4 prohibits maintaining a tree that "unreasonably obstructs the view" of another parcel and makes the obstruction a public nuisance. Section 15-5 lists non-exclusive factors: the extent of the obstruction now and at the tree's maturity, the quality of the view, interference with solar energy systems, and whether the view was already diminished by other things.
The process (15-9, 15-10, 15-12)
- Initial reconciliation. Written notice to the tree owner describing the obstruction, identifying the trees, and proposing a specific restorative action. Personal discussion is encouraged; neighborhood associations may help.
- Mediation. Proposed no earlier than 30 days after the notice. The owner has up to 30 days to accept or decline; if accepted, the parties have 20 days to agree on a mediator or the offer is deemed declined. The mediator cannot order restorative action. Fees split 50/50; the Town covers one hour of a mediator from its list when requested jointly.
- Tree claim. If reconciliation and mediation fail, the complaining party prepares a tree claim with evidence of the obstruction, the acquisition date, the trees' location and owner, the failed reconciliation, and the proposed actions.
- Litigation. A civil action stating that reconciliation failed and mediation was declined or failed, with a copy to the Town attorney. There is no arbitration (15-11 reserved since 2017) and no Town hearing.
Restorative actions (15-7, 15-8)
Trimming; thinning or windowing; topping; removal with replacement; removal without replacement. The Town's guidelines take a graduated approach: trimming for minor obstruction with ongoing maintenance, thinning or windowing where trimming will not do, topping "with caution," and, unusually among Bay Area ordinances, removal "can be the preferred solution in many circumstances," with "aggressive action" preferred for undesirable species and stump regrowth. Thinning should be supervised by a certified arborist, and work affecting tree health should follow ISA standards. Maintenance conditions are recommended to be recorded to run with the land.
Protected trees (Chapter 15A)
Heritage trees over 60 inches in trunk circumference, oaks, and dedicated trees require a planning director permit for removal or significant work. The view ordinance defers to that permit requirement (15-3(c), 15-8(b)); a view claim does not bypass it. Existing easements and recorded covenants are unaffected (15-15). Town-owned trees go to the superintendent of public works, not through this process (15-16). Tiburon protected-tree rules →
What the View Obstruction Report does in Tiburon
- Documents the view or sunlight from the primary living area with photographs, against your tenure evidence, so the claim states the documentable extent correctly.
- Identifies every tree to species, flagging oaks and heritage-size trees that need a 15A permit.
- Addresses the 15-5 factors tree by tree: current and mature obstruction, view quality, solar interference, other diminishment.
- Proposes restorative action in the Town's graduated order, with what each would do to the tree and a maintenance schedule a court could adopt.
- Assembles the tree claim contents under 15-10 so the notice and claim are complete.
From $950. Mediation attendance $250 per hour. Also ordered by tree owners responding to a notice. Start the report
Source
- Tiburon Municipal Code Chapter 15, View and Sunlight Obstruction from Trees, sections 15-1 to 15-16 (amended 2017, 2022), reviewed October 23, 2026. Confirm current text with the Town before filing.
- Tiburon Municipal Code Chapter 15A, Trees.
Questions people ask
Does Tiburon have a view ordinance?
Yes. Tiburon Municipal Code Chapter 15, View and Sunlight Obstruction from Trees, prohibits maintaining a tree that unreasonably obstructs a neighbor's view or sunlight and gives the neighbor a private claim.
What view is protected?
A view or sunlight that existed at any time since you purchased or occupied the property, from the primary living area of a residence or the active use area of a nonresidential building. The documentable extent during your tenure is the most that can be required to be restored.
Is there arbitration in Tiburon?
No. The binding arbitration section (15-11) was repealed in 2017. After written notice and a mediation offer, the remedy is a tree claim and, if needed, a civil action in court. The Town does not hold hearings.
Who pays?
Mediation fees are split 50/50 unless the parties agree otherwise or the mediator allocates them; the Town pays for one hour of a mediator chosen from its list. Restorative work is paid as the parties agree or as a court orders.
Can the ordinance make someone remove a protected oak?
Not without a Chapter 15A permit. Heritage trees (over 60 inches trunk circumference), oaks, and dedicated trees need a permit from the planning director for removal or significant work, and the view ordinance expressly defers to it.
When you need a lawyer instead of (or as well as) an arborist
Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →