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

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

Key Facts

Governing section
Gilroy City Code § 30.38.270(b)(2)
Heritage threshold
Single trunk 90 inches in circumference
Multi-trunk threshold
Two trunks totaling 72 inches
Permit required
Before any heritage tree removal, § 30.38.270(c)(3)
Replacement
Two 48-inch box trees per heritage tree

Summary

In the City of Gilroy, a heritage tree, defined by Gilroy City Code § 30.38.270(b)(2) as any tree with a single 90-inch circumference trunk or multiple trunks totaling 72 inches, cannot be cut down, removed or destroyed without a tree removal permit under § 30.38.270(c)(3). Removing an approved heritage tree requires two 48-inch box replacement trees under Table 1.

(2) Heritage Tree. A tree of any species with a single trunk of ninety (90) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground or with multiple trunks, two (2) of which collectively measure seventy-two (72) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground. ... (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: ... (3) A heritage tree. ... Number of Replacement Trees Minimum Size ... Heritage Trees 2 48 inch box

Full Breakdown

Gilroy designates a heritage tree under § 30.38.270(b)(2) as any species with a single trunk measuring ninety inches or more in circumference, or multiple trunks where two of them together measure seventy-two inches or more, both measured four and one-half feet above the ground. Because a heritage tree is listed separately in the permit requirement at § 30.38.270(c)(3), the same unlawful-removal prohibition and permit process that governs protected trees applies to heritage trees on private property, including the ISA-certified arborist report, posted and mailed notice, and community development director findings required under subsections (d) through (g) of the same section.

Where a heritage tree removal is approved, Table 1 in subsection (h) sets the replacement requirement specifically for heritage trees: two replacement trees in a minimum forty-eight inch box size for each heritage tree removed. The director of public works may instead accept an in-lieu payment equal to the value of the required replacement trees, including funds for their establishment-period care, and the replacement tree must generally match the species of the tree that was removed unless the community development director approves otherwise. A heritage tree removed as part of a certified environmental document's mitigation measure must instead meet whatever higher replacement requirement that document imposes, which supersedes Table 1. Anyone denied a heritage tree removal permit may appeal to the planning commission.

Violations & Fines

Cutting down, removing, poisoning or destroying a heritage tree without a permit under § 30.38.270(c)(3) triggers the same remedies as any other protected-tree violation: an administrative citation under Chapter 6A, a civil penalty assessed by a court, and treatment as a public nuisance subject to injunctive relief, abatement at the violator's expense, and the city's attorneys' fees if it prevails.

Frequently Asked Questions

What makes a tree a "heritage tree" in Gilroy?
Under Gilroy City Code section 30.38.270(b)(2), a heritage tree is any species with a single trunk of ninety inches or more in circumference, or multiple trunks where at least two of them together measure seventy-two inches or more, both measured four and one-half feet above the ground.
Can I remove a heritage tree from my Gilroy property?
Only with a permit. Section 30.38.270(c)(3) makes removing, poisoning or destroying a heritage tree unlawful without first securing a tree removal permit from the planning division, following the same arborist-report and notice process required for any protected tree removal application.
What replacement trees does Gilroy require after a heritage tree is removed?
Table 1 under section 30.38.270(h) requires two replacement trees in a minimum forty-eight inch box size for each heritage tree removed, unless the director of public works instead accepts an in-lieu payment covering the value of the trees and their establishment-period care.

Sources & Official References

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