Frequently Asked Tree Questions

Prepared by Dave Dockter, Managing Arborist and Allen Krever, Special Projects Assistant
The answers to most questions pertaining to ‘Protected Trees’ in Palo Alto can be found in the ‘Tree Technical Manual.’

Private Trees

Q. What type of trees are ‘Protected’ in Palo Alto
A. The Valley Oak, Coast Live Oak and the Coastal Redwood are protected. There are city regulations regarding maintaining the health of or removal of these trees.

Q. Do I need a permit to prune one of the protected trees on my property?
A. No. But they should be pruned so that the health of the tree is not compromised. Section 5.00 of the Tree Technical Manual.

Q. In which cases may I be allowed to remove a protected tree located on a single-family residential lot?
A. This question is covered in more detail in Section 3.00 of the Tree Technical Manual.
1. The tree is deemed to be dead or hazardous by a certified arborist.
2. The tree trunk or basal flare is under the building footprint of an existing building (for example, uplifting foundation, contact or damage to eves, gutter, etc.).

Q. I wish to remove a protected tree. What is the process?
A. This process is covered in Section 3.00 in the Tree Technical Manual.
APPLICANT CHECKLIST

1. Completed City of Palo Alto Tree Removal Application (Box 2-zone, parcel # or historic category is not required)
2. Arborist Letter Report including the following for each tree:
   a. A written narrative from and ISA Certified Arborist report.
   b. Arborist Name, Certification # and company letterhead.
   c. Species (common and scientific name)
   d. Size (diameter, height and crown spread)
   e. Condition (foliage, vigor, structural integrity, etc.)
   f. Prognosis (dangerous, imminent hazard, property damage?)
   The Hazard Evaluation Form may be used to rate a dangerous condition.
   g. Life expectancy
   h. Location diagram (and photograph, if desired)
3. Payment of $174.00 fee, in the form of a personal check made payable to ‘City of Palo Alto’
4. These can be submitted to the Development Center located at 285 Hamilton Avenue, Palo Alto CA 94301.

Q. Would someone from the city come out and take a look at my sick tree?
A. Unfortunately the city does not provide that service. We suggest you consult Canopy's list of arborists (PDF) or the yellow pages for one of the local Certified Arborists.

Q. There is a city tree that is sick or needs pruning.
A. Contact Stuart Steinhardt (650) 496-5953 with Public Works Operations/Trees.

Q. I have an Elm tree that has been diagnosed with Dutch Elm Desease. Does the City or the County get involved with this?
A. No. The County used to get involved. This is no longer the case. Since that time it has been left to the private tree care industry to manage. Note: Wood from an infected Elm may not be taken out of the county.

Q. I am planning to buy a property or rebuild/improve my home. There are Protected Trees on the lot. How does this affect me?
A. There are a number of issues involved with answering this question. Besides the restrictions regarding removing the trees there are regulations regarding the protection of the trees during any kind of construction on the lot. This is covered in Section 2.00 of the Tree Technical Manual. A private certified arborist is recommended to act as the ‘Project Arborist’ during construction.

Q. I have a tree that is starting to interfere with the power lines. What can be done?
A. Contact Stuart Steinhardt (650) 496-5953 with Public Works Operations/Trees. Since our utilities are owned by the city the maintenance and protection of the lines are taken care of by the city.

Neighboring Trees

Q. My neighbor has a non-protected tree that overhangs my yard. What can I do about this?
A. The City authority does not address trees that are not ‘regulated’, such as pines, elms, magnolias etc. when they are on private single family zoned property. Therefore, you are entitled to trim branches in any manner you deem necessary on your side of the property line, providing that substantiated damage does not occur to the tree (to which you may be held liable), as provided per California case law. The City will play no role in this scenario.

Q. My neighbor has a protected tree that overhangs my yard. What can I do about this?
A. The same as with a non-protected tree except that the city would become involved if the trees health were compromised.

Q. My neighbor’s tree is damaging my property. What can I do?
A. It is suggested that the neighbor be notified and that some resolution be agreed upon.
The City does not enter into any dispute between neighbors on this matter.

Q. Who would pay, if I had a professional come and do it?
A. A tree owner is not obligated to maintain (or pay for trimming) a tree overhanging another’s property. Maintenance of a tree is entirely left to whatever the neighbors can work out.

Q. There is a tree growing on our property line with the neighbor. Who’s tree is it, and who is responsible for that tree if it causes problems?
A. Congratulations you are both the proud owners of that tree. Whether it started as a young tree on yours or your neighbors property it now belongs to the both of you. The city arborist’s office has seen that in the vast majority of cases, friendly communication is the best solution to any mutually owned tree issue.

If all else fails the City of Palo Alto has a mediation program to act as a third party in helping residents with property disputes. Call (650) 856-4062 M-F 9am to 4pm.

NOTE: For further research about property line issues, a good resource is ‘Neighbor Law—Trees, boundaries and fences’, Nolo Press, available at most book stores.