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San Benito County, CA Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Heritage tree
36+ inch trunk diameter
Landmark tree
Board of Supervisors designation
No shortcut
Exempt from 1-tree/5-year allowance
Definition source
§ 25.09.002 glossary

Summary

Unincorporated San Benito County gives extra protection to 'trees of special protection', heritage trees 36 inches or more in trunk diameter and Board-designated landmark trees, exempting them from the county's routine one-tree-per-five-years removal allowance.

These county ordinances apply to unincorporated areas of San Benito County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

TREES OF SPECIAL PROTECTION. Shall include any of the following: (1) HERITAGE TREES. Any tree, regardless of species, which has a trunk diameter of 36 inches or greater measured four and one-half feet above the ground; ... and/or (d) A LANDMARK TREE. Any tree or grove of trees, or type of tree, designated by resolution of the Board of Supervisors to be of historical or cultural value, an outstanding specimen, an unusual or native species and/or of significant community benefit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).

Full Breakdown

The county's tree glossary (§ 25.09.002) defines 'trees of special protection' to include HERITAGE TREES, any tree with a trunk diameter of 36 inches or greater measured four and one-half feet above ground, trees preserved on an approved development plan, mitigation/replacement trees, and Board-designated LANDMARK TREES of historical, cultural or community value. Under § 25.07.018(E)(1), the Planning Director may normally approve removal of one tree per parcel every five years without written findings, but that shortcut does not apply to trees of special protection, removing a heritage or landmark tree always requires the full findings-based review.

Violations & Fines

Removing or seriously harming a designated heritage or landmark tree without going through the full permit findings is an infraction under Chapter 1.03, punishable per day the violation continues.

Frequently Asked Questions

What makes a tree a 'heritage tree' in unincorporated San Benito County?
Any tree with a trunk 36 inches or more in diameter, measured four and one-half feet above the ground, per § 25.09.002.
Can I remove a heritage tree using the county's routine one-tree-every-five-years allowance?
No, § 25.07.018(E)(1) excludes trees of special protection from that shortcut; full permit findings are required.

Sources & Official References

Other rules in San Benito County

All San Benito County rules

California rules heatmap·Compare San Benito County to another location·View the California tree protection overview

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