Santa Clara, CA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Designation basis
- age, historic event, or person
- Removal review authority
- City Council, not staff
- Application filed with
- Community Development Department
- Required report
- ISA-certified arborist report
- Max monetary penalty
- $5,000 per tree
- Replacement ratio, single-family
- 1:1, minimum 15-gallon
Summary
Santa Clara Municipal Code Chapter 12.35 designates "heritage trees" as trees significant for their age, historic commemoration, or memory of a person or event, and bans removing one in any zoning district without a City permit. Unlike other protected trees, which the Community Development Department reviews, heritage tree removal applications go straight to the City Council for final review under SCCC § 12.35.090(c)(3)(A).
"Heritage tree" means trees designated as significant by the City due to their age, commemoration of an event, or memory of a person or event in history. ... The following trees shall not be removed without first obtaining a permit from the City: (a) Heritage trees in all zoning districts. ... City Council shall have the final review and determination on applications for the removal of heritage trees.
Full Breakdown
"Heritage tree" is defined at SCCC § 12.35.020(h)(2) as a tree "designated as significant by the City due to their age, commemoration of an event, or memory of a person or event in history." Section 12.35.080(a) lists heritage trees first among the city's protected-tree categories and applies the protection "in all zoning districts," reaching commercial and industrial parcels as well as single-family lots, not just residential neighborhoods. Removing, transplanting, or damaging a protected tree, including a heritage tree, without a permit is unlawful under § 12.35.090(c)(1); the same subsection makes vandalizing, grievously mutilating, or unbalancing a heritage tree beyond an approved permit's scope a separate violation.
An owner seeking to remove a heritage tree files an application with the Community Development Department that must include a site drawing showing the tree and any proposed replacements, a written explanation of why removal is warranted, an ISA-certified arborist's report, the owner's (and HOA's, where applicable) signature with proof of an HOA vote, photographs of the tree, and the applicable permit fee, per § 12.35.090(c)(2). While the Department has final say on most protected-tree removals, § 12.35.090(c)(3)(A) reserves heritage trees for the City Council, which must make one of the findings listed in § 12.35.090(c)(4), such as irreversible disease, danger of falling, or a trunk within five feet of an existing residence or an underground utility line, before it can approve removal. Approval may be conditioned on replacement planting at the ratios set in § 12.35.090(c)(7): 1:1 minimum 15-gallon for a single-family residence, or 2:1 at 24-inch box (or 4:1 at 15-gallon) for multifamily, commercial, or industrial property.
Enforcement runs through SCCC § 12.35.150, which lets the City pursue heritage-tree violations as criminal, civil, or administrative matters, with administrative citations following the Chapter 1.10 SCCC process.
Violations & Fines
Removing or damaging a heritage tree without City Council approval exposes the property owner to a monetary penalty of up to $5,000 per tree under SCCC § 12.35.140(a), plus a separate penalty equal to the tree's assessed monetary value (based on location, species, and size) for any substantial injury or removal, per § 12.35.140(b). If the City sues and prevails, § 12.35.140(c) lets the court award the City's investigation costs and attorneys' fees on top of these penalties.
Frequently Asked Questions
Can I cut down a heritage tree on my Santa Clara property?
How does Santa Clara decide what counts as a heritage tree?
What happens if I remove a heritage tree without a permit in Santa Clara?
Does the heritage tree rule apply outside single-family neighborhoods?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara to another location·View the California tree protection overview
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Heritage & Protected Trees in Nearby Cities
How other cities in Santa Clara County handle heritage & protected trees.