San Benito County, CA Tree Protection: Protected Tree Species (2026)
Key Facts
- Heritage tree threshold
- 36-inch trunk diameter, any species
- Zones covered
- R-1 and RM zones only
- Ordinary-tree exemption
- Does not apply to protected trees
- Penalty
- Infraction; separate offense each day
- Governing sections
- § 25.07.018 and § 25.09.002
Summary
Unincorporated San Benito County designates 'trees of special protection', including any 36-inch-or-greater heritage tree, that need a removal permit and written findings in R-1 and RM zones, with no automatic exemption.
TREES OF SPECIAL PROTECTION. Shall include any of the following: (1) HERITAGE TREES. Any tree, regardless of species, which has a trunk diameter of 36 inches or greater measured four and one-half feet above the ground; ... (d) A LANDMARK TREE. Any tree or grove of trees, or type of tree, designated by resolution of the Board of Supervisors to be of historical or cultural value, an outstanding specimen, an unusual or native species and/or of significant community benefit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
County Code § 25.07.018 requires a tree removal permit to trench, grade, fill within the dripline of, destroy, or seriously harm any tree on R-1- or RM-zoned parcels in unincorporated San Benito County. The Planning Director may normally approve removing one ordinary tree per parcel every five years without written findings, but § 25.07.018(E)(1) blocks that shortcut for 'trees of special protection.' Under § 25.09.002, that category covers Heritage Trees (any species, 36-inch-or-greater trunk diameter measured 4.5 feet up), trees preserved as a development condition, mitigation replacement trees, and Landmark Trees designated by Board of Supervisors resolution. Even the fenced-rear-yard exemption for ordinary trees does not extend to these protected trees.
Violations & Fines
Removing or seriously harming a tree of special protection without a permit is an infraction under Chapter 1.03; each day it continues is a separate offense, and the violator must repair or replace the tree at County direction.
Frequently Asked Questions
Do I need a permit to remove a heritage tree in unincorporated San Benito County?
Does the one-tree-per-five-years shortcut cover heritage or landmark trees?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California tree protection overview
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