Skip to main content
CityRuleLookup

Gilroy, CA Tree Protection: Protected Tree Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Gilroy City Code section 30.38.270(b)(3) protects only indigenous trees native to the Gilroy region, listing oaks of all types, California bay, big leaf maple, madrone, California sycamore, California buckeye and alder, once that tree's single trunk reaches thirty-eight inches in circumference under subsection (b)(4).
Is my backyard fruit tree protected under Gilroy's tree ordinance?
No. Section 30.38.270(b)(4) expressly exempts nonindigenous tree species and orchards, including individual fruit and nut trees, from the protected tree definition for the purpose of this section, so removing a fruit tree does not require a permit under this ordinance regardless of its size.
How large does a native oak have to be before Gilroy protects it?
Under section 30.38.270(b)(4), an indigenous tree becomes a protected tree once it has a single trunk of thirty-eight inches or more in circumference measured four and one-half feet above the ground; smaller native trees of that circumference or less are not covered by the permit requirement.

Sources & Official References

Other rules in Gilroy

All Gilroy rules

California rules heatmap·Compare Gilroy to another location·View the California tree protection overview

Get notified when Protected Tree Species in Gilroy, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Protected Tree Species in Nearby Cities

How other cities in Santa Clara County handle protected tree species.

Santa Clara, CA
Significant Restrictions
San Jose, CA
Significant Restrictions
Mountain View, CA
Significant Restrictions