Milpitas requires a tree removal permit for heritage trees, protected trees, and all street trees. For protected trees, the permit triggers at 56 inches trunk circumference on residential lots and 37 inches on commercial, industrial, vacant, and subdivision properties, per Ordinance 201.5, Section 7.
Milpitas regulates tree removal through its tree management provisions in Title X, Chapter 2 of the Municipal Code and through Ordinance 201.5. A permit is required to remove a tree that is a heritage tree, a protected tree, or a street tree; the City states that heritage, protected, and street trees 'may not be pruned or removed by the property owner without the city's written permission.' Under Ordinance 201.5, Section 7, protected-tree status is set by property type and by trunk circumference measured about 4.5 feet above the ground: 56 inches or greater (about 18 inches diameter) on residential property, and 37 inches or greater on commercial, industrial, zoning/subdivision, and vacant-lot property. A heritage tree, defined as an outstanding specimen or one of the largest or oldest trees in Milpitas, requires consultation with Public Works and a permit before removal regardless of routine size thresholds. Street trees in the public right-of-way are protected at any size and are removed only by the City or its authorized contractor. Permit applications are handled through the Public Works/Engineering Department; published guidance references an application fee of roughly $150 for protected-tree review, and the City may attach replacement-planting conditions. Residents uncertain whether a tree is protected should contact Public Works at (408) 586-2600 before doing any work.
Removing a heritage, protected, or street tree without the required permit is unlawful and can result in code enforcement, penalties, and mandatory replacement plantings. For City-owned street trees, the responsible party can also be charged the appraised value of the removed tree. Permits may carry conditions, including replacement trees, that must be satisfied to close the permit.
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