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Cupertino, CA Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Who can apply
Owner (private land) or any person (public land)
Decision maker
Planning Commission, by resolution
Application needs
Parcel number, significance write-up, photos
Public record
City heritage tree list, Sec. 14.18.080
ID tag phone
(408) 777-3308, Planning Division
Removal review
Planning Commission only, Sec. 14.18.070C

Summary

Only a property owner, or anyone if the tree sits on public or quasi-public land, may apply to have a tree designated heritage under Cupertino Municipal Code § 14.18.070. The Planning Commission decides by resolution, the tree goes on a public heritage tree list, and the City installs a numbered identification tag warning against pruning or cutting.

Initiated by. ... Application for designation of a heritage tree may only be initiated by the owner of property on which the tree is located, unless the tree is located on public or quasi-public property. Any person may apply for a designation of a heritage tree if the tree(s) are located on public or quasi-public property. ... Approval authority. Application for designation of a heritage tree shall be referred to the Planning Commission for review and determination in accordance with Chapter 19.12 of the Cupertino Municipal Code. The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree(s).

Full Breakdown

070 confines who can start a heritage tree designation: the property owner where the tree stands on private land, or any person where it stands on public or quasi-public property. The application must include the parcel's assessor's parcel number, a written description of the tree's special aesthetic, cultural or historical significance to the community, and photographs of the tree. 12's notice and hearing procedures; it may designate a single tree or an entire grove. 080 requires the City to create and maintain a heritage tree list recording the designation reason, tree circumference, species and common name, location, and an assigned heritage tree number. ___ is protected by the Protected Trees Ordinance. 130.

Violations & Fines

Cutting, removing or severely pruning more than one-quarter of a heritage tree's canopy without an approved tree removal permit is an infraction under Chapter 1.12 of the Municipal Code, per Section 14.18.220, chargeable against the owner, agent or contractor responsible. Because only the Planning Commission can approve a heritage tree removal, a Director-level approval of one is not valid, and the violator can still be ordered to fund a replacement heritage-tree planting.

Frequently Asked Questions

Who can apply to designate a Cupertino tree as heritage?
Only the property owner may apply if the tree is on private land, per Section 14.18.070. If the tree stands on public or quasi-public property, any person may file the application. The application requires the parcel number, a description of the tree's significance, and photographs.
Who decides whether a tree becomes a heritage tree?
The Planning Commission decides, by resolution, under Section 14.18.070C and the notice and hearing procedures of Chapter 19.12. The Commission may designate either a single tree or an entire grove as heritage.
How is a heritage tree marked once designated?
Section 14.18.090 requires the City to purchase and place a numbered identification tag on the tree reading that it is protected by the Protected Trees Ordinance and directing anyone before pruning or cutting to contact the Planning Division at (408) 777-3308.
Can the Director of Community Development approve removal of a heritage tree?
No. Section 14.18.110C sends every heritage tree removal application to the Planning Commission for final review and determination under Chapter 19.12, unlike most other protected-tree removals, which the Director can decide directly.

Sources & Official References

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