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Santa Clara County, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Tree removal permit rules in Santa Clara County, 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

Protected size
12+ inches trunk diameter, generally
Permit source
County Planning Office or Roads Dept.
Civil penalty
$5,000 per tree removed unlawfully
Application lead time
At least 10 days before removal

Summary

Cutting down a protected tree, generally one 12 inches or more in trunk diameter, on private or public land in unincorporated Santa Clara County requires an administrative or encroachment permit first.

City-specific rules exist: San Jose, Santa Clara, Sunnyvale, and Mountain View have their own tree removal & heritage trees rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

It shall be unlawful for any person to remove any protected tree on any private or public property in designated areas of the County without having first obtained an administrative permit...from the County Planning Office or an encroachment permit...from the Department of Roads and Airports.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Division C16 of the County Ordinance Code makes it unlawful to remove a protected tree in designated areas, Hillside-zoned parcels of three acres or less, Design Review combining districts, the Los Gatos Hillside Specific Plan Area, New Almaden's historic district, heritage trees, and any tree on County property or road right-of-way, without a permit from the County Planning Office or an encroachment permit from the Department of Roads and Airports. Exceptions exist for dead, dying, or hazardous trees, licensed nurseries, and active agricultural or orchard production. Applications need photos, a tree survey, and a replanting plan; unpermitted removal draws a $5,000 civil penalty per tree.

Violations & Fines

Removing or adversely pruning a protected tree without a permit carries a $5,000 civil penalty per tree, plus a misdemeanor charge of up to $1,000 and six months in jail for skipping the noticing requirement.

Frequently Asked Questions

Is a permit needed to remove a dead tree?
No: trees that are irreversibly diseased, dying, or substantially damaged are exempt, though the property owner must be able to show evidence such as an arborist's report.
Does the county permit apply inside Cupertino or Campbell?
No. It only covers unincorporated Santa Clara County; each of the 15 cities regulates tree removal under its own municipal code.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California landscaping rules overview

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Tree Removal & Heritage Trees in Cities Across Santa Clara County