Unincorporated San Benito County requires a permit from the Planning Director to remove protected trees. The Woodlands chapter (Chapter 19.33) governs native trees countywide, and the Tree Protection ordinance (Chapter 25, Article 7, Sec. 25.07.018) protects qualifying trees in residential districts.
Removing protected trees in unincorporated San Benito County is a permitted activity, not a free choice. Chapter 19.33 of the County Code (Management and Conservation of Woodlands) was enacted to conserve and protect native trees and woodlands by limiting their removal while still allowing reasonable use of property, and to prevent owners from clearing most native trees on a parcel just before applying for a development permit. It provides that 'no person shall do any tree cutting or removal without first obtaining a permit from the Planning Director,' with a separate permit required for each site. In addition, the Tree Protection ordinance in Chapter 25, Article 7 (Section 25.07.018), adopted by the Board of Supervisors on April 8, 2015, protects qualifying trees in single-family residential (R1) and residential-multiple (RM) districts, defining a protected tree as one with a single trunk of eight inches or more, or multiple trunks totaling ten or more inches, in diameter measured 4.5 feet above the ground. Certain fruit- and nut-producing trees are exempted. Permit review can include conditions such as replacement planting or other mitigation. Given the overlap, contact San Benito County Planning before removing any tree to confirm which permit and conditions apply to your property and tree.
Cutting or removing a protected tree without first obtaining the Planning Director's permit is a code violation. The County can impose penalties and require mitigation, such as replanting replacement trees, and unpermitted clearing ahead of a development application is specifically targeted by the woodland-conservation rules.
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See how San Benito County's tree removal permits rules stack up against other locations.
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