Heritage Tree Ordinance

Canopy's Summary of Palo Alto Ordinance No. 4362 

The following summary is intended to merely outline the main points of the ordinance. It is not legal advice, nor has the wording of this summary been reviewed by City staff. If you think you may be affected by the ordinance, you should read the official wording in its entirety. You may request a copy from the City Clerk's office. The full text is also available here.

What Trees are Protected?

• All Coast Live Oaks (Quercus agrifolia) 11.5" or greater in diameter (measured at 54" above the natural grade level -- roughly "chest height") 
• All Valley Oaks (Quercus lobata) 11.5" or greater in diameter 
• Individual trees of any size and species which are specially designated by the City Council as "Heritage Trees." To receive such a designation, a tree must be an outstanding specimen, especially old or large, or of distinctive form, location, or historical significance. The Council may be asked to reverse its designation of a Heritage Tree. 
   

What Does "Protected" Mean?

The following actions are illegal:

• Removing a protected tree
• Damaging a protected tree, for example, by excessive pruning or overwatering

Details are described in the Tree Technical Manual.

What is the Tree Technical Manual?

The City of Palo Alto's Tree Technical Manual provides details about how protected trees must be maintained and cared for during building and construction. It specifies particular practices for builders and owners of protected trees. The manual is, in essence, a detailed extension of the ordinance.

What are the Exceptions for Removal?

• A protected tree can be removed if it is dead, dangerous, or a nuisance, as attested by an arborist's report, submitted to the City and paid for by the tree owner.
• A protected tree in or very close to the "building area" of an approved single family residence design can be replaced by another tree.
• A protected tree can be removed if its presence reduces the building area of the lot by more than 25%.

How does the Ordinance Affect Building Permit Applications?

Building plans must show protected trees on the property and within 30 feet of it in neighboring yards.

What are the Penalties for Violations?

• The City can halt a construction project.
• The City can fine up to $5000 or the replacement value of a removed protected tree, whichever is greater.

written by Bill Courington and edited by Debbie Mytels