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Chula Vista, CA Tree Protection: Protected Tree Species (2026)

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

Key Facts

Governing section
CVMC § 17.35.040
Program
MSCP subarea plan / HLIT permit
Trigger
Earliest discretionary entitlement or grading/clearing permit
Exemption threshold
Projects ≤1 acre in development areas (17.35.050)
Enforcement
CVMC Chapters 1.20-1.41

Summary

Clearing native vegetation or grading in Chula Vista's mapped MSCP conservation areas requires a Habitat Loss and Incidental Take permit before work starts. CVMC 17.35.040 makes it unlawful to begin development in 100 percent or 75-100 percent conservation areas, or covered-species development areas, without an HLIT permit or an exemption.

It is unlawful to begin development on lands in mapped 100 percent conservation areas, 75 to 100 percent conservation areas, and development areas outside of covered projects without submitting required documentation and obtaining a HLIT permit (including CEQA compliance), or obtaining an exemption as required pursuant to this chapter. If unlawful development occurs on such lands and an enforcement action has been commenced by the City, no development permit application may be processed until the enforcement action has been concluded. Enforcement action may include penalties assessed for unpermitted clearing and grubbing and could include increased replacement mitigation ratios.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3623, passed May 19, 2026).

Full Breakdown

020). 050 applies. Subsection B makes starting development on such land without the permit or an exemption unlawful outright, and if the City commences an enforcement action, no development permit application on that land can be processed until the enforcement action concludes; enforcement can include penalties for unpermitted clearing and grubbing and increased mitigation ratios. 050 cover projects one acre or less entirely within a mapped development area, projects where no sensitive biological resources are demonstrated present, interior-only remodels, projects within a covered project's development area, projects with their own federal take permit, ongoing agricultural operations, and MSCP-conforming brush management. 060). 170). 180).

Violations & Fines

Beginning development on mapped conservation or covered-species development areas without an HLIT permit or exemption is unlawful under CVMC 17.35.040(B); once the City commences an enforcement action, no development permit for that land can be processed until it concludes. Penalties are enforced under CVMC Chapters 1.20 through 1.41 and can include penalties for unpermitted clearing and grubbing plus increased replacement mitigation ratios.

Frequently Asked Questions

Do I need a permit to clear native vegetation in Chula Vista?
If the land is mapped as a 100 percent conservation area, a 75 to 100 percent conservation area, or a development area outside covered projects under the MSCP subarea plan, CVMC 17.35.040 requires a Habitat Loss and Incidental Take (HLIT) permit before development, including clearing or grubbing, begins.
Is there a small-project exemption from Chula Vista's HLIT permit?
Yes. CVMC 17.35.050(A) exempts development of a project area one acre or less that is located entirely within a mapped development area outside covered projects, along with several other listed exemptions such as interior-only remodels and ongoing agricultural operations.
What happens if I start grading on protected habitat in Chula Vista without a permit?
CVMC 17.35.040(B) makes it unlawful, and once the City commences an enforcement action no development permit application for that land can be processed until it's resolved; penalties can include fines for unpermitted clearing and grubbing plus increased mitigation ratios under CVMC Chapters 1.20-1.41.

Sources & Official References

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