Division C16 of the County Ordinance Code requires an Administrative Tree Removal Permit and mitigation to remove protected trees in designated unincorporated areas - Hillsides, Design Review districts, and the New Almaden historic district. There is no permit fee, but replacement trees and arborist review are typically required.
Tree removal permits in unincorporated Santa Clara County are governed by Division C16 of the County Ordinance Code (Tree Preservation and Removal). Division C16 requires an Administrative Permit (Tree Removal Permit) and mitigation measures to remove any protected tree on private or public property in designated areas, including but not limited to Hillsides (parcels three acres or less), the Design Review (-d) combining district, and any tree in the Historic Preservation (-h1) zoning district for New Almaden. The County's guidelines define which trees are inventoried and regulated: in urban zoning districts (R1, R1E, R2, R3, RHS and similar), trees with a trunk 37.7 inches or greater in circumference (12 inches or more in diameter) at 4.5 feet above ground; in rural districts, trees 15.7 inches or greater in circumference (5 inches or more in diameter); and on County land, trees over 37.7 inches in circumference or over 20 feet tall. Reporting indicates the County does not charge a fee for the administrative tree-removal permit, and applicants must file with the Planning Office in advance (reported as not less than 10 days before planned removal), with a noticing period during which objections can be raised. Mitigation typically includes replacement plantings: all healthy native trees 12 inches in diameter or larger must be replaced, oaks must be replaced with oaks, and replacement ratios range from 3 fifteen-gallon (or 2 box) trees up to 5 fifteen-gallon (or 4 box) trees. The County has also proposed expanding protections - for example, requiring Administrative permits in additional residential zones and woodland-clearance permits for large canopy removals. Applicants should confirm current requirements with County Planning.
Removing a protected tree in a regulated area without the Administrative Tree Removal Permit, or exceeding the minimum removal necessary, violates Division C16 and can trigger replacement, mitigation, and enforcement. No removal is allowed until any required grading or building permit is issued.
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