Novato, CA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Size test
- 24 inch trunk diameter (75 inch circumference) at 24 inches above grade
- Other designation
- City council finding of special historical associations
- Prohibited act
- Alter or remove without a permit (§ 17-1.3)
- Definition of alter
- Any action that could diminish the tree's vigor
- Exempt
- Dead or fallen trees, sudden death oak syndrome control
- Utility emergency work
- Notify the director within one week
Summary
In the City of Novato, California, a heritage tree is any woody plant with a trunk of 24 inches in diameter or more, or one the city council designates. Altering or removing one on any parcel without a permit is unlawful under Novato Municipal Code § 17-1.3, with exceptions for dead or fallen trees.
c."Heritage tree" shall mean any native or non-native woody plant: (1) characterized by having a major trunk or trunks of a diameter of 24 inches (circumference of 75 inches) or more measured at 24 inches above existing grade; or (2) any other so designated by the city council based upon a finding that it has special historical associations due to its age, character, species, or location. ... It shall be unlawful for any person or group of persons to alter or remove or cause to be altered or removed, one or more heritage trees on any parcel in the city without a permit. These provisions do not apply to trees which are dead or fallen or to activities undertaken or authorized by local, state and federal agencies to control sudden death oak syndrome or other similar vectors.
Full Breakdown
Novato Municipal Code § 17-1.2(c) defines a heritage tree two ways. The first is any native or non-native woody plant with a major trunk or trunks of 24 inches in diameter (75 inches in circumference) or more, measured 24 inches above existing grade. The second is any other tree the city council designates after finding that it has special historical associations because of its age, character, species or location. The size test applies to non-native plants as well as natives, so a large imported tree counts the same as a valley oak.
Section 17-1.3 makes it unlawful for any person or group to alter or remove, or cause to be altered or removed, one or more heritage trees on any parcel in the city without a permit. Under § 17-1.2(a), to alter means to take action in a way that could reasonably be said to diminish the vigor of the tree, so heavy pruning, root damage or grade changes under the canopy can trigger the permit requirement even when the tree stays standing. The prohibition does not apply to dead or fallen trees, or to activities by local, state and federal agencies to control sudden death oak syndrome or similar vectors.
The purpose statement in § 17-1.1 explains the City's reasoning: trees of significant size or age are part of the natural heritage of all Novato's citizens, the city is covered in significant portions by oak, madrone and other trees, and most property sits on hillside and sloping terrain, where tree removal increases erosion, stream sedimentation and slope hazards.
The permit itself runs through § 17-1.4 and the community development director. Public notice is not required for maintenance or minor pruning of heritage trees. Utilities have their own track under § 17-3.5(b): they can perform emergency removals or trimming of hazardous trees but must notify the director within one week with the location and circumstances, and in other cases involving a street tree or heritage tree they apply for a tree removal permit. Decisions can be appealed to the city council under § 17-1.5. Native trees and woodlands on development sites are also subject to division 19.39 of the zoning ordinance under § 17-2.
Violations & Fines
Section 17-4.1 makes a violation of the tree chapter an infraction punished as specified in § 1-5.1, which sets a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or both. Under § 17-4.2 the community development director or a designee can issue citations, and the chief of police must assist the director with enforcement.
Frequently Asked Questions
What makes a tree a heritage tree in Novato?
Does pruning count as altering a heritage tree?
Which trees are outside the heritage tree prohibition?
Who decides a heritage tree permit?
Sources & Official References
Other rules in Novato
California rules heatmap·Compare Novato to another location·View the California tree protection overview
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