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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing definition
Monterey City Code § 37-2(K)
Vacant parcel threshold
Over 2" diameter at 4'6"
Developed parcel threshold
Over 6" diameter at 4'6"
Species-specific tier
Only via § 37-12 Landmark Tree designation
Non-protected trees
Exempt from permit under § 37-9(A)

Summary

Monterey protects trees by size, not by species: any tree over 2 inches in trunk diameter on a vacant private parcel, or over 6 inches on a developed parcel, measured 4'6" above natural grade, counts as a protected tree and cannot be removed without a City Forester permit.

“Protected Tree” shall mean: a) trees located on a vacant private parcel that are more than two inches (2") in diameter when measured at a point four feet six inches (4'6") above the tree’s natural grade; and, b) trees located on a private, developed parcel that are more than six inches (6") when measured at a point four feet six inches (4'6") above the tree’s natural grade.

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 3721, passed July 7, 2026).

Full Breakdown

Monterey's tree ordinance does not limit protection to a short list of named species; § 37-2(K) defines 'Protected Tree' by size and parcel status alone, sweeping in whatever species meets the threshold. A tree on a vacant private parcel is protected once it exceeds 2 inches in diameter measured at a point 4'6" above the tree's natural grade; a tree on a developed private parcel, one already occupied by a principal building, is protected once it exceeds 6 inches at the same measurement point. That size-based definition is what triggers the removal permit requirement in § 37-8 and the exemptions in § 37-9, which specifically excludes 'trees not defined as a protected tree in Section 37-2' from needing a permit at all.

Chapter 37 does single out particular species for a higher tier of protection, oak trees, conifers, and non-native ornamentals, but only in the separate 'Local Landmark Tree' designation under § 37-12, which layers extra size, height and visibility criteria on top of the baseline protected-tree definition and requires an affirmative Planning Commission designation before those protections attach. Absent that landmark designation, the species of a tree is irrelevant to whether Chapter 37 protects it; only its trunk diameter and whether the parcel is developed or vacant matter.

The definitions section also covers related terms used throughout the chapter, including 'dripline' (the tree canopy's outer edge, or 15 times trunk diameter measured at 4'6") and 'irreparable damage,' which lists cutting, topping, girdling, poisoning, trenching within the dripline, and paving over more than 50 percent of the dripline as prohibited harms to a protected tree.

Violations & Fines

Removing, damaging or relocating any tree that meets the § 37-2(K) size threshold, without a City Forester permit, violates § 37-8 regardless of species, and is enforced through the administrative citation and civil penalty process in § 37-15. Causing 'irreparable damage' as defined in § 37-2(D), including excessive paving over the dripline or excessive watering of oak trees, is treated the same as unpermitted removal.

Frequently Asked Questions

Does Monterey only protect certain tree species?
No. Section 37-2(K) protects trees by trunk size and whether the parcel is developed, not by species. Any tree over 2 inches in diameter on a vacant lot, or over 6 inches on a developed lot, is a protected tree regardless of what kind it is.
Are oak trees treated differently under Monterey's tree ordinance?
Only if formally designated a Local Landmark Tree under § 37-12, which sets species-specific criteria for oaks, conifers and non-native ornamentals. Without that designation, an oak is protected the same way as any other species once it meets the § 37-2(K) size threshold.
What counts as damaging a protected tree in Monterey?
Section 37-2(D) defines 'irreparable damage' to include cutting, topping, girdling, poisoning, vandalizing, trenching or excavating within the dripline, paving over more than 50 percent of the dripline, excessive watering of oak trees, and excessive pruning.

Sources & Official References

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