San Marcos, CA Tree Protection: Protected Tree Species (2026)

08 (Crops and Plants), makes it unlawful for any person to cut, pick, dig, collect, remove, mutilate or destroy the whole or any part of any species of yucca, cactus or agave, or any native tree, flowering shrub, ornamental plant, berry-bearing plant, vine, fern or wild flower. The ban covers plants growing on public land or on any land that is not the person's own, and it specifically extends to County and State roadways and railroad rights-of-way within the City. The only ways around the ban are a permit issued by the Agricultural Commissioner, or, on private land, the written consent of the owner or the owner's authorized agent.

060 backs the removal ban with a sales prohibition: it is unlawful to knowingly sell, offer or expose for sale, or transport for sale, any native plant, wild flower, fern, vine, shrub or tree that was picked, cut, dug or removed from public or private land in violation of the article. 070 lets the Agricultural Commissioner issue permits to accredited representatives of public libraries, museums, schools, or scientific and educational institutions, and to herbarium and scientific collectors or other responsible individuals, specifically for education or scientific purposes.

080 runs to any County fire warden, County forester, or peace officer, who may confiscate any plants or parts of plants unlawfully cut, picked, dug, removed, sold or offered for sale. 090 carves out two exceptions: grazing, running or pasturing livestock on public lands where the protected species are growing is not made unlawful by the article, and the article does not apply to any native plant that State law declares a public nuisance.