Tree removal in Gilroy: the local rules

Each rule below links to the section of the Gilroy Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Gilroy's code says

Gilroy code What Gilroy's code adds
Exemptions	Non-native tree species and orchards, including single fruit and nut trees, are not protected trees. § 30.38.270 · code text Nonindigenous tree species and orchards (including individual fruit and nut trees) are exempt from this definition for the purpose of this section. No separate tree removal permit is needed. Applies: Projects approved through a discretionary process by the planning division, planning commission or city council that reviewed and authorized the removal. § 30.38.270 · code text A separate tree removal permit shall not be required for projects which have been approved through a discretionary process by the planning division, planning commission or city council and the removal of protected trees or community of trees were reviewed to ensure compliance with all requirements of this section and authorized by that approval. Emergency: only the minimum action needed to reduce or remove the hazard may be taken; it must be reported. Applies: A hazardous tree that poses an immediate threat to life or property. § 30.38.270 · code text Emergency situations, as described below, are not subject to this provision.
Permit to remove	Yes, a permit is required. Applies: Protected trees, more than 25% of trees within a protected tree community's outer dripline, and heritage trees on private property. § 30.38.270 · code text It is unlawful for any person to cut down, remove, poison or otherwise damage, kill or destroy or cause to be removed any of the following on any private property without first securing a permit as provided in this section:
Protected trees	A native tree with a single trunk at least 38 inches around at 4-1/2 feet above ground. Applies: Non-native species and orchards, including single fruit and nut trees, are exempt. § 30.38.270 · code text Protected Tree. Any indigenous tree characterized by having a single trunk of thirty-eight (38) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground. Nonindigenous tree species and orchards (including individual fruit and nut trees) are exempt from this definition for the purpose of this section. Any species: one trunk at least 90 inches around, or 2 trunks totaling at least 72 inches, at 4-1/2 feet. Applies: Heritage trees. § 30.38.270 · code text Heritage Tree. A tree of any species with a single trunk of ninety (90) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground or with multiple trunks, two (2) of which collectively measure seventy-two (72) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground.
Replacement trees	2 replacement trees each: 24-inch box (38 to 75 in. around), 36-inch box (over 75 in.), 48-inch box (heritage). Applies: Same species and same site unless the director approves otherwise; an in-lieu payment may be accepted. § 30.38.270 · code text Proposed replacement tree, including species, size, location.

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Do I need a permit to remove a tree in Gilroy?

Gilroy's code: Yes, a permit is required. (Protected trees, more than 25% of trees within a protected tree community's outer dripline, and heritage trees on private property.) (§ 30.38.270); A native tree with a single trunk at least 38 inches around at 4-1/2 feet above ground. (Non-native species and orchards, including single fruit and nut trees, are exempt.) (§ 30.38.270).

Tree removal in Gilroy

What Gilroy's code says

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