SJMC Chapter 13.32 designates heritage trees including all native oaks, sycamores, and redwoods over 12 inches diameter at breast height. Removal requires a permit, arborist report, and replacement plan. Violations can trigger $10,000 fines per tree plus restitution, plus potential criminal misdemeanor charges.
San Jose Municipal Code Chapter 13.32, the Heritage Tree Ordinance, designates as protected all native oaks (including coast live oak, valley oak, blue oak, black oak), California sycamore, redwoods, and any native tree species exceeding 12 inches diameter at breast height. Other species over 38 inches DBH or designated by Council are also protected. Removing or damaging a heritage tree on private or public property requires a permit from the Department of Planning, Building and Code Enforcement supported by an ISA-certified arborist report and tree replacement plan. Trees within five feet of construction must be protected by fencing throughout the project. Conservation easements often require ongoing care for legacy heritage trees on subdivisions.
Unauthorized removal or damage of a heritage tree under SJMC 13.32 is a misdemeanor with penalties up to $10,000 per tree plus restitution at appraised value, often tens of thousands per mature oak. Repeat offenders face prosecution and stop-work orders.
San Jose, CA
San Jose provides enhanced protections for Heritage Trees under SJMC §13.32.020. Heritage Trees are designated by the City Council based on historical signif...
San Jose, CA
San Jose has one of California's most comprehensive tree protection ordinances under SJMC Chapter 13.32. A Tree Removal Permit is required to remove any ordi...
See how San Jose's protected tree species rules stack up against other locations.
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