San Jose, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in San Jose, 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
- Tree threshold
- 38" circumference at 54" height
- Permit needed
- before removing any live or dead tree
- Enforcing office
- Director, Planning, Building & Code Enforcement
- Penalty
- administrative fine set by council resolution
- Replacement
- on-site or city-approved replacement tree required
Summary
San Jose bans removing any live or dead tree 38+ inches in trunk circumference from private property without a tree removal permit or development permit under Chapter 13.32 of the Municipal Code.
It shall be unlawful for any person to remove, or cause to be removed, any live tree, as defined in Section 13.32.020, from any private parcel of land in the city unless one of the following conditions exists:
A.Removal of the tree is required pursuant to the provisions of Chapter 13.28; orB.A development permit that allows the removal of the tree has been issued and accepted by the permit applicant pursuant to the provisions of Title 20 of this Municipal Code; orC.An amendment to a development permit that allows the removal of the tree has been issued and accepted pursuant to the provisions of Title 20 of this Municipal Code; orD.A tree removal permit that allows the removal of that tree has been issued and accepted pursuant to the provisions of this chapter. (Prior code § 8932; Ords. 21363, 26595.)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San Jose Municipal Code § 13.32.030, it is unlawful to remove a live tree from private property unless removal is required under Chapter 13.28, or a development permit, permit amendment, or standalone tree removal permit authorizing removal has been issued and accepted. Dead trees fall under a parallel rule (§ 13.32.040) that also requires a certified-arborist report confirming the tree is dead. "Tree" is defined at § 13.32.020 as any live or dead woody perennial with a trunk 38 inches or more in circumference measured 54 inches above grade. The permit or a copy must be posted on-site and presented on request (§§ 13.32.045, 13.32.047), and removal ordinarily requires a replacement tree, on-site or elsewhere in the city (§ 13.32.110).
Violations & Fines
Unlawful removal without a permit is enforced through an administrative citation and a fine set by city council resolution under § 13.32.060; heritage tree vandalism, mutilation, or destruction carries its own resolution-set civil penalty per tree under § 13.32.140.
Frequently Asked Questions
Can I remove a tree in my own yard in San Jose without a permit?
What counts as a dead tree I can remove freely?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California landscaping rules overview
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Tree Removal & Heritage Trees in Nearby Cities
How other cities in Santa Clara County handle tree removal & heritage trees.