Gilroy, CA Tree Protection: Protected Tree Species (2026)
Key Facts
- Governing section
- Gilroy City Code § 30.38.270(b)(3)-(4)
- Protected threshold
- Indigenous tree, 38-inch trunk circumference
- Named species
- Oaks, bay, maple, madrone, sycamore, buckeye, alder
- Exempt
- Nonindigenous species and orchard/fruit/nut trees
- Permit required
- Before removal, § 30.38.270(c)
Summary
In the City of Gilroy, only indigenous trees, species native to the Gilroy region such as oaks, California bay, big leaf maple, madrone, California sycamore, California buckeye and alder, can qualify as a protected tree under Gilroy City Code § 30.38.270(b)(3)-(4). An indigenous tree becomes protected once its single trunk reaches thirty-eight inches in circumference; nonindigenous species and orchard trees are expressly exempt.
(3) Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all types), California bay (Umbellularia californica), big leaf maple (Acer macrophyllum), madrone (Arbutus menziesii), California sycamore (Platanus racemosa), California buckeye (Aesculus californica) and alder (Alnus glutinosa). (4) Protected Tree. Any indigenous tree characterized by having a single trunk of thirty-eight (38) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground. Nonindigenous tree species and orchards (including individual fruit and nut trees) are exempt from this definition for the purpose of this section.
Full Breakdown
Gilroy's tree protection ordinance limits its coverage to a defined list of native species rather than every tree in the city. Section 30.38.270(b)(3) defines Indigenous Tree as a tree native to the Gilroy region, naming oaks of all types, California bay, big leaf maple, madrone, California sycamore, California buckeye and alder as examples. Subsection (b)(4) then defines Protected Tree as any indigenous tree with a single trunk of thirty-eight inches or more in circumference measured four and one-half feet above the ground, and it expressly carves out nonindigenous tree species and orchards, including individual fruit and nut trees, from that definition for the purpose of this section.
That means a mature ornamental palm, fruit tree, or any nonnative ornamental of any size falls entirely outside § 30.38.270's permit requirement, no matter how large it grows, while a single 38-inch oak or sycamore on the same lot is protected. The same section separately protects a Community of Protected Trees, an ecologically or aesthetically related grouping of protected, indigenous trees, and a Heritage Tree, which is any species regardless of nativity once it reaches a 90-inch single-trunk or 72-inch combined multi-trunk circumference. All three categories trigger the § 30.38.270(c) permit requirement before removal on private property in Gilroy.
Violations & Fines
Removing, poisoning or otherwise destroying a qualifying indigenous protected tree without first securing the permit required by § 30.38.270(c) exposes the responsible party to an administrative citation under Chapter 6A and a court-assessed civil penalty, plus treatment as a public nuisance subject to injunctive relief and abatement at the violator's expense under § 30.38.270(k). Nonindigenous and orchard trees carry no such exposure under this section.
Frequently Asked Questions
Which tree species does Gilroy actually protect?
Is my backyard fruit tree protected under Gilroy's tree ordinance?
How large does a native oak have to be before Gilroy protects it?
Sources & Official References
Other rules in Gilroy
California rules heatmap·Compare Gilroy to another location·View the California tree protection overview
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Protected Tree Species in Nearby Cities
How other cities in Santa Clara County handle protected tree species.