Tree removal in Santa Clara County: the local rules

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

What Santa Clara County's code says

Santa Clara County code What Santa Clara County's code adds
Permit to remove	Yes; an administrative permit from the County Planning Office is needed before removing a protected tree. Applies: Protected trees on private or public property in designated areas, except where the code provides otherwise. § C16-3 · code text it shall be unlawful for any person to remove any protected tree on any private or public property in designated areas of the County without having first obtained an administrative permit Yes; an encroachment permit from the Department of Roads and Airports, at least 60 days before removal. Applies: Any tree, of any size, in a County road right-of-way. § C16-7 · code text Removal of any tree, regardless of size, located within a County road right-of-way shall require an encroachment permit from the Department of Roads and Airports not less than 60 days prior to planned removal. An administrative permit is needed; apply at least 90 days before removal and follow the hearing procedures. Applies: Heritage trees. § C16-7 · code text In the case of heritage trees, such application must be made not less than 90 days prior to the date of the planned removal, following the hearing procedures set forth in Section C16-12 and Section C16-13 below. No permit to remove up to 10% per year of trees 12 inches or more in diameter. Applies: Hillside parcels over 3 acres, except the -h1 New Almaden district; removing more needs a use permit. § C16-6 · code text (a) Matter of right. Except for parcels within the "-h1, New Almaden Historic Preservation zoning district," the following provisions shall apply: Parcels greater than three acres: Tree removal provided the yield is not more than ten percent of trees over 37.7 inches circumference (12 inches or more in diameter) measured 4.5 feet above the ground per year on any parcel, together with contiguous parcels under the same ownership.
Protected trees	Trees 12 inches or more in diameter at 4½ feet up, or multi-trunk trees totaling 24 inches across all trunks. Applies: Hillside-zoned parcels of 3 acres or less, -d Design Review districts, and the Los Gatos Hillside Specific Plan Area. § C16-3 · code text Any tree having a main trunk or stem measuring 37.7 inches or greater in circumference (12 inches or more in diameter) at a height of 4½ feet above ground level, or in the case of multi-trunk trees a total of 75.4 inches in circumference (24 inches or more of the diameter) of all trunks in the following areas of the County: Trees 6 inches or more in diameter at 4.5 feet up, or multi-trunk trees totaling 12 inches across all trunks. Applies: Within the -h1 Historic Preservation district for New Almaden. § C16-3 · code text Any tree within the "-h1" Historic Preservation zoning district for New Almaden having a main trunk or stem measuring six inches or more in diameter (18.8 inches or greater in circumference) at a height of 4.5 feet above ground level, or in the case of multi-trunk trees, a total of 12 inches in diameter (37.7 inches in circumference) of all trunks at 4.5 feet above ground. Any heritage tree. § C16-3 · code text Any heritage tree, as that term is defined in Section C16-2. Any tree required as a replacement for a tree removed unlawfully. § C16-3 · code text Any tree required to be planted as a replacement for an unlawfully removed tree, pursuant to Section C16-17(e) of this division. Any tree that approval conditions required to be planted or kept. Applies: Conditions of a use permit, building site approval, grading permit, architectural and site approval, design review, special permit or subdivision. § C16-3 · code text Any tree that was required to be planted or retained by the conditions of approval for any use permit, building site approval, grading permit, architectural and site approval (ASA), design review, special permit or subdivision. Any tree, of any size, in County road rights-of-way and easements. Applies: County road rights-of-way and easements, inside or outside unincorporated areas. § C16-3 · code text Any tree, regardless of size, within road rights-of-way and easements of the County, whether within or without the unincorporated territory of the County.
Replacement trees	Replanting plan required; like species if native and feasible, else Planning decides; at least 5-gallon; Planning sets ratio. Applies: Applies to tree removal permit applications. § C16-7 · code text A replanting and/or re-vegetation plan for all trees to be removed. Replacement trees shall be of a like kind and species of tree removed, if native and feasible, or of a kind and species to be determined by the Planning Department. The location of the replacement tree(s) need not be in the same location of the tree removed. Replacement tree planting shall utilize at least five-gallon size stock. The ratio of trees removed to trees planted shall be determined by the Planning Department.

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Frequently asked questions

Do I need a permit to remove a tree in Santa Clara County?

Santa Clara County's code: Yes; an administrative permit from the County Planning Office is needed before removing a protected tree. (Protected trees on private or public property in designated areas, except where the code provides otherwise.) (§ C16-3); Yes; an encroachment permit from the Department of Roads and Airports, at least 60 days before removal. (Any tree, of any size, in a County road right-of-way.) (§ C16-7).

Tree removal in Santa Clara County

What Santa Clara County's code says

Who this affects

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