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

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

Key Facts

Owner duty
Maintain heritage tree in good health
Removal without permit
Prohibited (Sec. 32.25(b))
Council designation notice
10 days before decision
Construction buffer
No grading within 4 feet of trunk
Oversight body
Urban Forestry Board
Unpermitted removal penalty
Misdemeanor plus restitution

Summary

Mountain View requires every owner of a heritage tree, generally one with a 48-inch trunk circumference, to keep it healthy and forbids injuring, damaging, destroying, moving or removing it without a city permit. City Code Sec. 32.25 places that maintenance duty and removal ban directly on property owners, backed by a council-designation process under Sec. 32.24 for trees of special historical or community value.

a.Any person who owns, controls, has custody or possession of any real property within the city shall maintain and preserve all heritage trees located thereon in a state of good health. Failure to do so shall constitute a violation of this section.b.No person shall willfully injure, damage, destroy, move or remove a heritage tree except pursuant to the terms and conditions of a permit granted pursuant to this article.

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 34 Update 4).

Full Breakdown

The urban forest article opens with findings that uncontrolled removal of Mountain View's mature trees, growing between the Santa Cruz foothills and San Francisco Bay, would harm the city's health, safety and welfare, and sets a policy under Sec. 22 requiring preservation of all healthy heritage trees unless a reasonable, conforming use of the property justifies removal. Sec. 24 lets the city council designate, by resolution, any tree or grove on public or private land as a heritage tree beyond the code's size-based definitions, for special historical value or significant community benefit, but the owner of private property must get written notice at least ten (10) days before that decision.

Once a tree qualifies, Sec. 25(a) makes the owner responsible for maintaining and preserving it in good health, and treats a failure to do so as its own violation. Sec. 25(b) then bars anyone from willfully injuring, damaging, destroying, moving or removing a heritage tree except under a permit granted through the article. Construction and grading near a heritage tree are separately constrained: contractors must avoid excavation that could damage the root system within the drip line, and the ground surface within four (4) feet of a heritage tree's base cannot be cut, filled, compacted or paved except for existing sidewalks or other encroachments the community development director expressly approves after reviewing an arborist's report.

Oversight sits with the urban forestry board, made up of the parks and recreation commission's members, which decides nondevelopment removal appeals and advises the council on the article and on capital-project mitigation.

Violations & Fines

A willful, unpermitted injury to or removal of a heritage tree is a misdemeanor under Sec. 32.38, punishable as set forth in the City Charter, and separately triggers restitution: the responsible party must plant a replacement tree, sized at least a twenty-four inch (24") box, or pay a fee in lieu of replacement, valued under the International Society of Arboriculture's standards per Sec. 32.39. Failing to keep an existing heritage tree in good health is itself a violation under Sec. 32.25(a).

Frequently Asked Questions

What makes a tree a 'heritage tree' in Mountain View?
Size, species or council action. Sec. 32.23(c) covers trees with a 48-inch trunk circumference (12 inches for oak, redwood or cedar), plus any tree or grove the city council designates by resolution under Sec. 32.24 for historical value or community benefit, after ten (10) days' notice to a private owner.
Can I be required to keep a heritage tree on my property alive?
Yes. Sec. 32.25(a) makes the owner of any property with a heritage tree responsible for maintaining and preserving it in good health, and the code treats a failure to do so as a violation in its own right, separate from any unpermitted removal.
How close to a heritage tree can I grade or build?
Sec. 32.25(c) bars cutting, filling, compacting or paving the ground within four (4) feet of a heritage tree's base, except for existing sidewalks or other encroachments the community development director approves after reviewing an arborist's report addressing the tree's root system.

Sources & Official References

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