Gilroy, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Gilroy, CA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Governing section
- Gilroy City Code § 30.38.270(c)
- Permit required for
- Protected trees, tree communities, heritage trees
- Community threshold
- More than 25% of protected tree community
- Civil penalty
- Up to $5,000 per violation
- Notice period
- 10 days minimum before decision
- Appeal deadline
- 20 days to planning commission
Summary
In the City of Gilroy, it is unlawful to cut down, remove, poison or otherwise destroy a protected tree, more than 25% of a community of protected trees, or a heritage tree on private property without a permit under Gilroy City Code § 30.38.270(c). Violators face a civil penalty of up to $5,000 per violation.
(c) Permit Required. It is unlawful for any person to cut down, remove, poison or otherwise damage, kill or destroy or cause to be removed any of the following on any private property without first securing a permit as provided in this section: (1) A protected tree. (2) Greater than twenty-five percent (25%) of the trees within the outermost dripline of a community of protected trees. (3) A heritage tree. ... (k) Enforcement—Remedies for Violation. In addition to all other civil remedies set forth in this Code or otherwise provided by law, the following remedies shall be available to the city for violation of this section: ... (2) Civil Penalties. As part of a civil action brought by the city, a court may assess against any person who causes, commits, allows, or maintains a violation of any provision of this section a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation.
Full Breakdown
Article XXXVIII, section 30.38.270 protects three categories of trees on private property in Gilroy: any protected tree (a single-trunk indigenous tree of 38 inches or more in circumference measured 4-1/2 feet above grade), a community of protected trees when more than 25% of the trees within the outermost dripline would be removed, and any heritage tree. Section 30.38.270(c) makes it unlawful to cut down, remove, poison, damage, kill or destroy any of these without first securing a tree removal permit. To apply under subsection (d), the property owner submits a form to the planning division along with an arborist report from an ISA-certified arborist covering the tree's species, height, circumference, health, ISA valuation, risk, and why the tree cannot be saved through pruning, structural support, cultural improvements or pest management.
Subsection (e) requires a posted notice on the tree and mailed notice to adjacent and across-the-street owners at least ten days before the planning division acts. Under subsection (g), approval requires findings such as the tree being dead, diseased, hazardous, causing damage, or creating an unusual hardship, plus a finding that no tree management technique can save it. Subsection (h) requires replacement trees per Table 1, sized by the removed tree's circumference, or an in-lieu payment approved by the director of public works. Appeals under subsection (j) go to the planning commission within 20 days.
Violations & Fines
Removing a protected tree, heritage tree, or more than 25% of a protected tree community without a permit exposes the responsible party to an administrative citation under Chapter 6A and a civil penalty of up to $5,000 per violation under § 30.38.270(k)(2). The violation is also a public nuisance subject to injunctive relief and abatement, with the city entitled to attorneys' fees and abatement costs if it prevails.
Frequently Asked Questions
Can I remove a protected tree from my own Gilroy property?
What must my Gilroy tree removal application include?
What happens if I remove a protected tree in Gilroy without a permit?
Sources & Official References
Other rules in Gilroy
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How other cities in Santa Clara County handle tree removal & heritage trees.