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Do you need a permit to remove a tree in San José?

Sometimes. The City of San José requires a permit to remove a street tree, a heritage tree, an ordinance-size tree (live or dead), or any tree on multifamily, commercial, industrial or mixed use property. If none of those apply, you can remove the tree without a permit.1

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The short version

Ordinance-size tree: permit

On a private lot, a tree is ordinance-size at 38 inches or more in circumference, measured 4 1/2 feet above the ground. On single-family and duplex lots, removal needs a permit even if the tree is unhealthy or dead.1

Street tree: free permit

A street tree grows in the public right-of-way between the curb and sidewalk. The City charges nothing for the permit, but it is illegal to prune or remove one without it.12

Smaller tree on a house lot: no permit

If the tree is not a street tree, not a heritage tree, and under 38 inches around, the City says you can remove it without a permit. Multifamily and commercial lots are different: any size tree needs a permit.1

How the tree removal permit works

The City's own steps for a tree on private property, in order.1

  1. Measure the trunk

    Wrap a tape around the trunk 4 1/2 feet above the ground. A single trunk of 38 inches or more is ordinance-size. For several trunks, add up the measurements. The City says 38 inches around equals 12.1 inches across.

  2. Rule out street and heritage trees

    A street tree is between the curb and sidewalk, and in some places the right-of-way reaches 12 feet from the curb. Heritage trees are on the City's Heritage Tree List. For either, call the City Arborist at 408-794-1901.

  3. Gather the application

    The Tree Removal Permit Application, a tree description table and a site plan on an 8.5 by 11 inch sheet, a printed color photo of each whole tree, and the fee if one applies. A report from a certified arborist is not always required. Staff tell you if they need one.

  4. Have a reason the City accepts

    The City considers a request if the tree is a safety hazard, dead, dying or diseased, unsuitable, or restricts economic development and proposed improvement of the parcel.

  5. Wait for the decision

    Dead and unsuitable tree requests are decided by the Department Director or designee, with no public notice. A live tree removed for another reason gets a ten day public notice, a sign posted in your front yard, and a Director's Hearing if someone asks for one.

Street trees, replacements and mistakes

Street trees
The property owner must get a permit before pruning, removing or planting a street tree, and the City inspects the property first. The City posts removal notices on the tree for 14 days, and any resident can protest. The permit is free, and financial help is available for City-required work at owner-occupied single-family homes.2
Replacement trees
Expect to plant replacements. For a tree of 38 inches or more, the City lists 5 to 1 native, 4 to 1 non-native and 3 to 1 orchard, each at least 15-gallon, and says single-family and two-dwelling lots may be mitigated at 1 to 1.1
Removed without a permit
The City doubles the replacement ratios when an owner applies for a live tree removal permit after the tree is already gone. Fines of up to $15,000 per street tree and $30,000 per heritage tree may apply.1

A tree in the way of a project? We handle the permits and the build.

For the tree itself, hire a certified arborist or tree service. We are a general contractor, so we do not remove trees. When a tree affects an addition, ADU, driveway or other project, we help with the permits and do the construction work around it.

  • The city and the address
  • Where the tree is and what you plan to build
  • Any photos or an arborist report you already have

Prefer to talk? Call (408) 667-4946 or send a text. Office hours: Monday to Friday, 7 am to 3 pm.

David and Tristan, the owners, stay involved from the first walkthrough to the final check. We reply the same business day, Monday to Friday.

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Tree removal permits: common questions
Do I need a permit to remove a tree in San Jose?
Sometimes. The City says a permit is needed to remove a street tree, a heritage tree, an ordinance-size tree (live or dead), or any tree on multifamily, commercial, industrial or mixed use property or in a common area. If none of those apply, the City says you can remove the tree without a permit. If you are unsure, the City asks you to speak with a planner at 408-535-3555 before removing any size tree on those property types.
What is an ordinance-size tree and how do I measure it?
On private property, an ordinance-size tree is a single trunk that is 38 inches or more in circumference at 4 1/2 feet above ground. For a multi-trunk tree, the circumferences of the trunks, each measured at 4 1/2 feet above ground, are added together, and the tree counts if the total is 38 inches or more. The City notes that 38 inches of circumference equals 12.1 inches in diameter.
Do I need a permit to remove a street tree?
Yes. Street trees are in the public right-of-way between the curb and sidewalk, and the City says it is illegal to prune or remove one without a permit. Fines of up to $15,000 per tree may apply. The street tree permit is free. Email treesandsidewalks@sanjoseca.gov or call 408-794-1901 to request the application.
What if the tree is dead or dangerous?
A dead tree still needs a permit if it is ordinance-size. The City says ordinance-size trees that are dead or dying may qualify for removal, and the application needs a signed certified arborist report. If an ordinance-size tree on private property is an imminent hazard, shown by a signed certified arborist report, it may qualify for an over-the-counter, same-day permit at the Development Services Permit Center, Monday to Friday, 9:00 to 11:00 a.m. and 1:00 to 3:00 p.m. For a street or heritage tree, call the City Arborist right away at 408-794-1901.
Does the City require replacement trees?
Often, yes. For a tree of 38 inches or more in circumference, the City table lists 5 to 1 for a native tree, 4 to 1 for a non-native tree and 3 to 1 for an orchard tree, with each replacement at least a 15-gallon tree. The City says single-family and two-dwelling properties may be mitigated at 1 to 1. If a tree was removed without a permit and the owner applies afterward, the replacement ratios are doubled.

Sources

This page explains the City's published rules for tree removal. The City decides what applies to your tree and property. Check the City pages for current details and fees.