Santa Clara County, CA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Designation
- HHC recommendation + Board of Supervisors resolution
- Removal application lead time
- At least 90 days before removal
- Neighbor notice
- Public hearing, 300-foot radius
- Penalty
- $10,000 to $200,000 per tree
Summary
A tree recommended by the Historical Heritage Commission and confirmed by the Board of Supervisors as historically or aesthetically significant is designated a heritage tree, triggering the county's strictest removal protections.
Any tree which, because of its history, girth, height, species, or other unique quality, has been recommended by the Historical Heritage Commission (HHC) and found by the Board of Supervisors to have a special significance to the community shall be designated a heritage tree. Such trees shall be listed individually on the heritage resource inventory, adopted by resolution of the Board of Supervisors. Such resolution may be amended as necessary to add or delete trees from the inventory.
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
Under Division C16, any person, the Board of Supervisors, or the Historical Heritage Commission (HHC) may nominate a tree for the heritage resource inventory; the HHC holds a public hearing and recommends listing, and the Board of Supervisors makes the final designation by resolution. Once listed, removing a heritage tree requires a permit application at least 90 days ahead, HHC review with a site visit and possible arborist opinion, a public hearing noticed to neighbors within 300 feet, and a final Board of Supervisors decision: the Planning Office issues the permit only after the Board acts, and that decision is final.
Violations & Fines
Cutting, killing, or adversely pruning a heritage tree without approval carries a civil penalty of $10,000 to $200,000 per tree, plus a matching criminal penalty, scaled to the tree's rarity, age, and historical significance.
Frequently Asked Questions
Who decides if a tree becomes a heritage tree?
Can a homeowner appeal a heritage tree designation?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California tree protection overview
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