Protected Tree Species: San Jose vs Santa Clara

Can I cut down an oak tree in my San Jose backyard?

Not without a heritage tree removal permit if the oak is a native species at 12 inches DBH or larger. Submit an ISA arborist report and replacement plan. Health, safety, or development hardship justify approval; aesthetic preference rarely does.

What counts as 12 inches DBH?

Diameter at Breast Height is the trunk diameter measured 4.5 feet above natural grade. A tree about 38 inches in circumference at chest height qualifies. Multi-trunk specimens use the largest trunk plus the square root of additional trunks combined.

What replacement does San Jose require?

Replacement is typically two or more 24-inch box native trees per heritage tree removed, scaled by appraised value. Larger or older trees require more replacements. In-lieu fees can substitute when site cannot accept replacement plantings, deposited to a tree fund.

Can I remove a dead protected oak without a permit?

Dead and hazard trees may qualify for emergency removal but still require certified arborist documentation submitted to SCC. Photograph the condition before removal. Hazard removal does not waive replacement planting in most cases.

Do these protections apply inside San Jose?

San Jose has its own tree ordinance protecting natives plus heritage trees over 56-inch circumference. SCC NS-300.847 applies in unincorporated areas. Most other cities maintain parallel ordinances. Confirm jurisdiction before any work.