Santa Clara County, CA Tree Protection: Protected Tree Species (2026)
Key Facts
- Designation
- by Board of Supervisors resolution
- Removal application
- 90 days advance notice
- Penalty
- $10,000–$200,000 per tree
- Applies
- unincorporated county only
Summary
Trees the Historical Heritage Commission finds historically or biologically significant can be designated 'heritage trees' by the Santa Clara County Board of Supervisors, triggering extra removal protections and steep penalties in the unincorporated county.
Heritage tree shall include any tree which, because of its history, girth, height, species, or other unique quality, has been recommended for inclusion on the heritage resource inventory by the Historical Heritage Commission and found by the Board of Supervisors to have special significance to the community, and which has therefore been included in the heritage resource inventory adopted by resolution of the Board of Supervisors.
Notice shall refer to notice in writing, sent by first class mail.
Person shall mean an individual, firm, association, corporation, and their employees, agents and representatives, or a public agency, including the County and its departments.
Private property shall mean all property not owned by the County of Santa Clara or any other public agency.
Prune shall mean to trim or cut away any limbs or branches of a tree which will not adversely impair the health of the tree.
Public property shall mean all property owned or leased by the County of Santa Clara, any other city, county, special district or other public agency in the unincorporated area of Santa Clara County.
Remove and removal shall include cutting down, burning, poisoning, or otherwise diminishing the vigor of or destroying a tree, as well as adversely pruning or topping a tree.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Unincorporated Santa Clara County maintains a heritage resource inventory of trees the Historical Heritage Commission recommends for their history, girth, height, species, or other unique quality. The Board of Supervisors designates heritage trees by resolution after a public hearing, and owners within 300 feet get notice. Once listed, a heritage tree gets extra protection: removal applications must be filed at least 90 days ahead, go through an HHC hearing, and can be denied. Violators face civil and criminal penalties of $10,000 to $200,000 per tree, far above the standard tree-removal fine.
Violations & Fines
Removing a designated heritage tree without a permit exposes violators to a civil penalty of $10,000 to $200,000 per tree, plus a matching criminal penalty, brought by County Counsel and the District Attorney.
Frequently Asked Questions
Does this apply inside San Jose or Palo Alto?
How does a tree become a 'heritage tree'?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California tree protection overview
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