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

Milpitas runs a formal Heritage Tree Program, defined in Section X-2-2.08 as a program to recognize and designate individual trees or groves of trees, to promote appreciation of the trees and their benefit to the community, and to nurture and protect the trees as part of the City's heritage. Actual designation is governed by Section X-2-7.01-3. The City Council may apply heritage tree status by resolution to an individual tree or a grove of any size or species anywhere in Milpitas that is distinctive, of special historical value, or of significant community benefit. To support that finding, the Council looks to whether the tree is an outstanding specimen of a desirable species, one of the largest or oldest trees or groves in Milpitas, or possesses distinctive form, size, age, location, or historical significance.

Any resident may request a heritage designation, but only with the written consent of the property owner where the tree stands. The City Council can later remove a heritage designation on its own motion, or on the Community Advisory Commission's recommendation after a written request from any person.

Once a tree carries the designation, it becomes a protected tree under Section X-2-7.01-1(f), which means it cannot be removed without a Public Works Department permit under Section X-2-4.02, and any authorized removal can be conditioned on planting two replacement trees for every heritage tree lost or on paying the tree's appraised value under Section X-2-9.01. Removing or mutilating a designated heritage tree without authorization can also be prosecuted as a public nuisance under Section X-2-8.02.