Oakland fines homeowners for removing trees to prevent wildfire

In 2020, Oakland Fire Department officials instructed homeowners Matthew Bernard and Lynn Warner to eliminate deadwood on their small residential parcel to meet fire-code standards. Despite an arborist’s report that the trees posed a serious fire risk, the city’s planning department refused a removal permit because its Protected Trees Ordinance did not list fire prevention as a valid reason. The couple removed the trees anyway, prioritizing safety, and subsequently applied to build a modest home.

The city responded with a six-figure fine and halted all building permits on the property, also threatening a lien. Represented by the Texas Public Policy Foundation, Bernard and Warner have filed a federal lawsuit claiming violations of the Fifth, Eighth and Fourteenth Amendments. Their case highlights a clash between fire-prevention directives and local tree-protection regulations.