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

Section X-2-7.01-1 of the Milpitas Municipal Code sets out six categories of trees that count as protected and cannot be removed except under the permit process in Section X-2-4.02. On developed residential property, any tree with a trunk 56 inches or more in circumference is protected. On developed commercial or industrial property, and on vacant, undeveloped or underdeveloped property, the threshold drops to 37 inches. A 37-inch tree is also protected whenever its removal is tied to a transaction requiring zoning or subdivision approval, and any tree that existed at the time of a zoning or subdivision approval and was a specific subject of that approval remains protected regardless of size. Finally, every heritage tree or grove designated under the City's Heritage Tree Program is automatically protected as well.

Section X-2-7.01-2 specifies how that circumference is measured: with a taut tape, four feet six inches above the ground, so a marginal tree cannot be pushed over the threshold by measuring at a different height. The underlying policy, stated in Section X-2-1.02, is that the City will use available techniques to preserve trees and plantings of significant size, age, or benefit to the community wherever feasible.

Removing a protected tree without a permit exposes the responsible party to the cost-recovery scheme in Section X-2-9.01, which can require reimbursing the City for labor and materials, paying the tree's appraised value from a certified arborist, or both, and the City can also pursue unpermitted removal as a public nuisance under Section X-2-8.02.