San Jose, CA Tree Protection: Protected Tree Species (2026)
Key Facts
- Governing section
- SJMC § 13.32.140
- Applies to
- Private-property trees
- Designation method
- City council resolution
- Enforcement tool
- Administrative citation + civil penalty
- Penalty amount
- Set by separate council resolution
Summary
San Jose's city council designates individual private-property trees as "heritage trees" for their history, girth, height, species or unique quality, and it is a civil violation to vandalize, mutilate, remove or destroy one.
Any tree as the term "tree" is defined in Section 13.28.020 located on private property which, because of factors including but not limited to its history, girth, height, species or unique quality, has been found by the city council to have a special significance to the community shall be designated a heritage tree. Such trees shall be placed on a heritage tree list which shall be adopted by the city council by resolution, which resolution may be amended from time to time to add to or delete certain trees therefrom.B.Any person who unlawfully vandalizes, grievously mutilates, removes or destroys such a heritage tree shall be subject to any appropriate enforcement action by the city, including without limitation the imposition of an administrative citation with the imposition of a civil penalty in the amount set forth by resolution of the city council for each such tree so vandalized, mutilated, removed or destroyed. (Ords. 21362, 26595.)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San Jose Municipal Code § 13.32.140, any tree on private property can be added to the city's heritage tree list by city council resolution, based on factors like history, girth, height, species or unique quality: the list can be amended to add or remove trees over time. Damaging a listed heritage tree exposes the responsible person to administrative enforcement, including a citation and a civil penalty set by separate council resolution for each tree affected. This is distinct from Chapter 13.28's heritage trees located on public streets, which carry their own fixed penalty scheme.
Violations & Fines
Vandalizing, grievously mutilating, removing or destroying a designated heritage tree triggers city enforcement action, including an administrative citation and a civil penalty in an amount the city council sets by resolution, applied per tree affected.
Frequently Asked Questions
How does a tree become a "heritage tree" in San Jose?
What happens if I damage a heritage tree on my property?
Is this the same as San Jose's street heritage trees?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California tree protection overview
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Protected Tree Species in Nearby Cities
How other cities in Santa Clara County handle protected tree species.