Nearly each week we receive a call from clients requesting assistance with pruning or removing a tree regulated by the city. Whether it is because construction, trees in the way, tree needs to be pruned, or they’re wondering whether a permit is needed to remove the tree pushing up the homes foundation. We find that understanding some of the city’s regulations can be a little confusing. In this month’s Newsletter we want to provide some insight into the permitting process most of the cities have implemented to regulate the pruning and removal of trees. We hope this insight will provide clarity into the process of permitting and ease the stress when handling the city’s guidelines.
Thank you in advance for taking the time to read this. Our hope is that as we work together you become more knowledgeable and can therefore feel more confident making tree or landscape decisions for your property.
4 Main Points Each City Has When Navigating Their Permitting Process
If you find one or more of these points applies to your tree then it is likely it might need a permit.
1. Street trees Vs. Privately owned trees
This is the first and important step in determining which permit might be needed. The city places trees in two separate categories. Street or city owned and privately owned. Cities will require permits to go through separate branches for permitting. Most often the privately owned trees will go through the planning division, and the street trees will go through public works.
Vs.
2. Street trees
Street trees or city owned trees are usually located in the front or side of the property. They are usually located between the curb and sidewalk in the planter bed or within a certain distance from the street. They can also at times be located in the front lawn near the sidewalk.
Here are some of the important things to know:
Protected trees: All trees that belong to the city are protected. No matter the species and no matter the size.
Pruning: All pruning will require a permit from the city. Some cities do not allow private companies to prune their trees but a request for the city to prune will need to be submitted. The city of San Jose is unique in that it requires its residents to manage and maintain the city trees located in the parkstrips of the home. A permit is still needed to prune. The city does require their approved pruning standards to be used when pruning their trees. No topping or excessive pruning is permitted. Pruning outside of the city standards or guidelines can result in city fines.
Removal: Because all these city trees are regulated, removal without a permit is illegal. Removal is possible as long as the proper procedures are followed to get approval. A permit application will need to be filed with the city and sent to the correct division. In the city of San Jose the permit needs to be sent to the street tree and sidewalk division. Oftentimes clients send this permit application to the planning department but gets rejected once realized it’s in the wrong department.
Replacement trees: If a tree is permitted to be removed, then the city mostly always will request the tree to be replaced. The city will either choose the tree species and size to be replaced with or will provide a few options of species to choose from. The city of San Jose will usually provide a list of trees to choose from.
Application: The application is usually filled out by the homeowner. They can often be sent over online or through mail. The city usually does not require the assistant of an outside arborist to review the application but it will be done by the city arborist.
Fees: Some cities do not charge fees to process the application for street or city owned trees and others do. Usually the fees are very low compared to those on private property. In the city of San Jose, there are no fees required to process a permit for a street tree.
3. Private trees
Private trees are those located on the property and not in any city owned areas or easements. These trees are usually within the fenced areas or property lines and not beyond the sidewalk in front or on the side of the properties. Here is some insight to the permitting processes required for trees on private properties:
City or County: First apple to the correct entity. If you are in the county there are less restrictions and you can apply directly to their planning or public works department. Such counties are Santa Clara, San Mateo, or San Benito.
Protected trees: Trees on private properties are not protected unless they are a certain size or species. Each city has different requirements. In the city of San Jose, trees are not protected unless they are over 38” in circumference, the city of Saratoga regulates trees that are 10” in circumference or larger, and Cupertino only regulates 12 species of trees and 6 of those are oaks. Understanding which species of trees and at what size they are protected will help know whether a permit is needed for removal.
Removal: If your tree is protected then a permit is needed. The cities each have specific guidelines they use to determine whether a tree will be approved for removal. Usually it is based on the tree’s health, condition, hazard it poses, and location. Most of the time the city will require an arborist report to accompany the permit application.
Pruning: Most cities do not require a permit to prune trees on private properties and the owners have freedom to prune as they please. Some cities do however regulate the way trees on your property are also pruned if they are a protected or heritage species. This can be found on your specific cities regulation page.
Application: When a tree is located on a private property the permit usually needs to be delivered to the planning department of the city. The application will oftentimes need to be accompanied by an arborist report, a site map, and at times a tree replacement plan.
Fees: Each city varies in its fees. San Jose seems to have the highest fees and is followed by Cupertino. The fees at times are due as the permit is submitted and others after. These fees are usually non refundable.
Replacement trees: When removing protected trees on your property, the city will normally require the trees to be replaced with a new tree. For some cities, the exception is when the tree is dead or a hazard. In San Jose Residential tree projects the replacement ratio is one 15 gal tree for each permitted tree removed. In Los gatos, the replacement quantity depends on the size of the tree removed.
4. Construction Projects
Usually as part of a construction project on a property, the city will require that all the trees be surveyed and determine if there are any protected or heritage trees on site. If the construction will impact these trees, then the city may require a plan on how to preserve them during the project. Types of reports needed for construction:
Arborist report: Identifying the trees on site by species, by condition, and providing recommendations based on their current condition and the impact of the project.
Preservation plan: A plan developed by an Arborist on how to preserve all the protected trees on site during the construction.
Tree Appraisal: Some cities want to know the value of the trees that will be impacted by the construction project to determine the bond amount needed to implement during the construction phase.
When applying for construction permits, it is usually easier to apply for tree removal permits at the same time and in the same application.
If you find you need assistance with applying for a permit to remove or prune a tree we would be happy to help! We contain the necessary licenses and experience to assist