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

Martinez's code: No building permits or use of the property for 2 years; the city may also stop work. (Applies to intentional unpermitted damage, destruction or removal of a protected tree.) (§ 8.08.046); Yes, a tree permit is required. (Applies to cutting, topping or removing protected trees on private property, and trenching, grading or filling within the dripline.) (§ 8.08.044).

Tree removal in Martinez: the local rules

Martinez code What Martinez's code adds
Penalty	No building permits or use of the property for 2 years; the city may also stop work. Applies: Applies to intentional unpermitted damage, destruction or removal of a protected tree. § 8.08.046 · code text No building or construction-related permits shall be issued, and no permits or use of the property shall be allowed for two years from the date of the intentional unpermitted damage, destruction, or removal of a protected tree.
Permit to remove	Yes, a tree permit is required. Applies: Applies to cutting, topping or removing protected trees on private property, and trenching, grading or filling within the dripline. § 8.08.044 · code text No person shall trench, grade, or fill within the dripline of any protected tree (as defined below) or cut down, destroy, trim by topping, or remove any protected tree on private property within the City without a tree permit, except as provided by this Chapter.
Protected trees	All oak trees and indigenous trees measuring 12 inches or more in diameter, measured four and one-half feet from grade Applies: All properties within the City § 8.08.044 · code text All oak trees and indigenous trees measuring 12 inches or more in diameter, measured four and one-half feet from grade. Any tree to be kept under an approved tentative map, development plan or approval condition. Applies: Applies to all properties in the city. § 8.08.044 · code text Any tree shown to be preserved on an approved tentative map or development plan or required to be retained as a condition of approval. Any tree required as a replacement for an unlawfully removed tree. Applies: Applies to all properties in the city. § 8.08.044 · code text Any tree required to be planted as a replacement for an unlawfully removed tree. Any tree in the public right-of-way or a private access easement. Applies: Applies to street trees and trees in private access easements. § 8.08.044 · code text Any tree within the public right-of-way or private access easement. Any tree in the Downtown Specific Plan area. Applies: Applies to all properties in the city. § 8.08.044 · code text Any tree within the Downtown Specific Plan area. Any tree measuring 24 inches or more in diameter, measured four and one-half feet from grade Applies: Developed property within a commercial, professional office, or industrial zoning district; undeveloped property within any zoning district; General Plan recreational or open-space areas; and specified visually significant riparian or skyline vegetation areas § 8.08.044 · code text Any tree measuring 24 inches or more in diameter, measured four and one-half feet from grade. Any multi-stemmed tree where the sum of the individual trunks measure 24 inches or more in diameter measured four and one-half feet from grade Applies: undeveloped property in any zone; developed commercial, office or industrial property; General Plan open-space or recreation areas; listed riparian or skyline areas § 8.08.044 · code text Any multi-stemmed tree where the sum of the individual trunks measure 24 inches or more in diameter measured four and one-half feet from grade. Any significant group of trees, including groves of 4 or more. Applies: Applies to undeveloped lots, developed commercial, office or industrial lots, open-space areas, and listed riparian or skyline areas. § 8.08.044 · code text Any significant grouping of trees, including groves of four or more trees.
Replacement trees	Replace with trees of equal size and an approved species. Applies: Applies when a tree not approved for removal dies or is badly damaged by construction or grading. § 8.08.046 · code text Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species approved by the Community and Economic Development Director or designee. The city may accept equal money value for related work, such as new street trees. Applies: Applies when replacing a tree killed or badly damaged by construction is not possible. § 8.08.046 · code text If it is not possible or feasible to replace the tree, the Community and Economic Development Director may accept the equivalent monetary value as determined by the City to be used for other related improvements such as replacement or addition of street trees in the area. The permit may require replacing any or all trees at a comparable size or quantity ratio. Applies: Applies when a tree permit is granted. § 8.08.045 · code text These conditions may include a requirement to replace any or all trees on a comparable ratio of either size or quantity, as outlined in Section 8.08.047.

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