San Jose, CA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Governing law
- San José Municipal Code § 13.32.140
- Designation authority
- City council, by resolution
- Protected criteria
- History, girth, height, species, significance
- Penalty
- Administrative citation + civil penalty per tree
- Enforcing dept
- Planning, Building and Code Enforcement
Summary
San Jose designates heritage trees by city council resolution based on factors like history, girth, height, species, or community significance, and protects them under Municipal Code Chapter 13.32 with citation-based civil penalties for damage or removal.
Any tree as the term "tree" is defined in Section 13.28.020 located on private property which, because of factors including but not limited to its history, girth, height, species or unique quality, has been found by the city council to have a special significance to the community shall be designated a heritage tree. Such trees shall be placed on a heritage tree list which shall be adopted by the city council by resolution, which resolution may be amended from time to time to add to or delete certain trees therefrom.B.Any person who unlawfully vandalizes, grievously mutilates, removes or destroys such a heritage tree shall be subject to any appropriate enforcement action by the city, including without limitation the imposition of an administrative citation with the imposition of a civil penalty in the amount set forth by resolution of the city council for each such tree so vandalized, mutilated, removed or destroyed. (Ords. 21362, 26595.)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San José Municipal Code § 13.32.140, any tree on private property whose history, girth, height, species, or other unique quality gives it special significance to the community can be designated a heritage tree by city council resolution, and added to the city's heritage tree list. Once listed, a heritage tree is protected: unlawfully vandalizing, grievously mutilating, removing, or destroying one exposes the responsible person to city enforcement action, including an administrative citation carrying a civil penalty set by council resolution for each tree affected. The designation and penalty schedule can be amended by the council at any time.
Violations & Fines
Vandalizing, grievously mutilating, removing, or destroying a designated heritage tree without authorization is unlawful and subjects the responsible party to an administrative citation and civil penalty per tree under city council resolution.
Frequently Asked Questions
How does a tree become a heritage tree in San Jose?
What happens if someone damages a heritage tree in San Jose?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California tree protection overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Heritage & Protected Trees in Nearby Cities
How other cities in Santa Clara County handle heritage & protected trees.