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

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

Key Facts

Retention floor
75 percent of existing native trees
Undisturbed canopy
25 percent of retained native trees in contiguous patches
Replacement ratio
Not less than 3:1, depending on species
Inventory size
All trees more than three inches in diameter
Corridor width
300 feet where possible
Off-site mitigation
Within the Novato watershed area

Summary

The City of Novato, California protects native trees by category, not by a species list: development on land with native tree or woodland resources must retain a minimum of 75 percent of existing native trees and replace losses at not less than 3:1 under Novato Municipal Code § 19.39.040.

A.Tree removal shall be avoided by design where possible.B.A minimum of 75 percent of existing native trees shall be retained, with optimal and sustainable levels of vegetation age and species diversity.C.A minimum of 25 percent of retained native trees shall be in contiguous patches of undisturbed functional forest/canopy as wildlife preserve (minimum patch size and other constraints shall be determined through the environmental review process).D.Major acorn, nut, fruit, flower, and food producing trees shall be preserved and protected when possible. ... Mitigation/replacement ratios shall be determined through analysis of the likelihood of successful replanting as evidenced by soil, hydrologic, irrigation, and other physical and land use conditions, but shall be (dependent upon species, as determined by the Review Authority) not less than 3:1.

Full Breakdown

Division 19.39 of the Novato zoning ordinance, Woodland and Tree Preservation, protects native trees through development review. Section 19.39.010 states the goal of conserving native trees, forests and woodlands on private lands and on both public and private lands during development. Section 19.39.020 applies the division to all proposed development and new land uses on properties with native tree, forest or woodland resources, as determined by the Director. Chapter 17 points to it: § 17-2 requires removal or alteration of native trees and woodlands to conform to section 19.39.

The code protects native trees as a class and does not name individual protected species. Heritage trees are covered separately by § 17-1.3, and the only species list in the chapter is the pyrophyte group (Monterey Pine, Bishop Pine, Acacia species and Eucalyptus species) that the director can approve for immediate removal under § 17-1.4(e).

Section 19.39.030 sets the application content. A project needs a tree inventory, a site plan showing the locations and types of all existing trees more than three inches in diameter and marking those proposed for removal, plus a Woodland Conservation and Management Plan prepared by a qualified forest management professional. The plan principles favor preserving stands over individual specimens, but heritage and specimen trees are protected whenever feasible, species and age diversity is promoted, and linkages and corridors between forest areas have a width of 300 feet where possible.

Section 19.39.040 sets the hard numbers: tree removal is avoided by design where possible, at least 75 percent of existing native trees are retained, and at least 25 percent of retained native trees sit in contiguous patches of undisturbed functional forest or canopy as wildlife preserve. Major acorn, nut, fruit, flower and food producing trees are preserved when possible, and trees next to riparian corridors and wetlands are protected within buffers under divisions 19.35 and 19.36. Mitigation is on-site where feasible, off-site mitigation must be within the Novato watershed area defined by the City's Stream Management Guidelines, and every project carries a long-term management plan with a specified funding mechanism and annual inspections.

Violations & Fines

Division 19.39 conditions land use permits, so noncompliance is a zoning violation handled through the enforcement provisions of the zoning ordinance. Cutting native trees that qualify as heritage trees without a permit is an infraction under § 17-4.1, punished under § 1-5.1 by a fine not exceeding $1,000 or imprisonment not exceeding six months, or both. Projects must also fund long-term maintenance and replace failed plantings.

Frequently Asked Questions

Does Novato publish a list of protected tree species?
No species list appears in the code. Protection attaches to heritage trees under § 17-1.3 and to native trees, forests and woodlands under division 19.39. The only named species in the tree chapter are the pyrophytes (Monterey Pine, Bishop Pine, Acacia species, Eucalyptus species) that qualify for immediate removal permits under § 17-1.4(e).
How many native trees must a project keep?
Section 19.39.040(B) requires a minimum of 75 percent of existing native trees to be retained. Subsection C adds that at least 25 percent of retained native trees must stand in contiguous patches of undisturbed functional forest or canopy as wildlife preserve, with patch size and other constraints set through environmental review.
What is the replacement ratio for removed native trees?
Under § 19.39.040(G), mitigation or replacement ratios depend on the likelihood of successful replanting, judged from soil, hydrologic and irrigation conditions, and are not less than 3:1 depending on species as the Review Authority determines. Plantings come from stock generated from on-site resources or local gene pools.
Who prepares the woodland management plan?
Section 19.39.030(B) requires a Woodland Conservation and Management Plan prepared by a qualified forest management professional. It builds on a tree inventory of all trees more than three inches in diameter, and § 19.39.040(H) adds a long-term management plan with a specified funding mechanism and annual inspections.

Sources & Official References

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