Tree Removal Permit in San Jose, CA
Permit Summary
Do You Need a Tree Removal Permit?
Exemptions
On a single-family or duplex property, a private tree that is not a street tree, heritage tree, or ordinance-size tree may be removed without a Tree Removal Permit. A separate private Tree Removal Permit is not required when an approved development permit authorizes the removal and satisfies the substantive and processing requirements of Municipal Code Chapter 13.32. Street-tree rules contain limited no-separate-permit pathways for specified City-approved work and development permits under Chapter 13.28.
Protected Trees & Removal Eligibility
Protected Tree Rules
San José protects street trees, designated heritage trees, ordinance-size trees on private property, and trees on multifamily, commercial, industrial, mixed-use, or common-area property. Heritage trees are trees designated by the City Council for special significance based on factors such as history, girth, height, species, or unique quality; pruning or removal requires consultation with the City Arborist and a permit.
When Removal Is Allowed
For private regulated trees, approval may be based on an imminent hazard, a dead or dying condition, qualification as an unsuitable tree, or findings that the tree unreasonably restricts economic development or a proposed improvement; Municipal Code Section 13.32.100 also allows a finding that removal would not significantly frustrate the chapter's purposes. Street-tree removal is limited to criteria in Chapter 13.28, including hazardous condition, conflict with adopted community-forest policy, uncorrectable conflict with high-tension lines, specified repeated concrete damage, uncorrectable extensive sewer damage, or conflict with an approved development permit.
Replacement Requirements
Replacement Rules
Municipal Code Section 13.32.110 requires suitable replacement tree or trees as a condition of a private-tree removal permit, on site or, if on-site replacement is infeasible, at another City-approved site; an on-site replacement that fails within three years must be promptly replaced. The City's Tree Removal Permits page publishes replacement ratios by tree circumference and type, including 5:1 for native, 4:1 for non-native, and 3:1 for orchard trees at 38 inches or more in circumference, using at least 15-gallon replacement trees; single-family and two-dwelling properties may be mitigated at 1:1. Live trees previously removed without a permit are subject to double replacement ratios. Street-tree permits also specify required replacement trees when applicable.
Arborist & Professional Requirements
Professional Requirements
Under Municipal Code Section 13.32.020, a certified arborist is an individual certified by the International Society of Arboriculture or a member of the American Society of Consulting Arborists (or successor organizations). The current private-tree application requires a signed certified-arborist report for an imminently hazardous tree and for dead/dying tree removal, and it requires a report supporting live-tree removal findings except for the stated limited ADU-placement exception. The Director may also require a certified-arborist report whenever additional information is needed to establish permit criteria.
Public Notice Requirements
Notice Rules
For a live ordinance-size private tree that is not being processed as dead/dying or unsuitable, the City mails notices for a 10-day public-notice period and the applicant posts notice on the property; a Director's Hearing is held if timely requested. The City states there is no public notice or Director's Hearing for dead/dying or unsuitable-tree applications. For a street-tree removal permit, the City posts two removal-request notices; the notice must remain posted for at least 14 calendar days, residents may object during that period, and if no timely objection is received the proposed removal may proceed after the City's process is completed. A private removal permit itself must also be posted on the parcel before and during removal.
Emergency Tree Removal
An ordinance-size private tree that creates an imminently hazardous condition may qualify for a same-day Unsuitable Tree Removal Permit if a signed certified-arborist report documents the immediate threat and the application and fee are submitted through the City's over-the-counter process. If the tree is a street tree or heritage tree, the City directs the applicant to contact the City Arborist immediately; roadway hazards such as broken tree limbs may be reported through 3-1-1.
Development & Special Areas
Development-Related Rules
A tree-removal request may be included in a development permit under Title 20; if the development permit authorizes the removal and satisfies Chapter 13.32's substantive and processing requirements, it may serve as the tree-removal permit and no separate private Tree Removal Permit is required. Trees to remain during construction are subject to Municipal Code Section 13.32.130 safeguards, including a pre-permit tree inventory on a topographic map and protection from construction damage. The current private-tree application provides a limited exception from the live-tree arborist-report requirement for a tree within 5 feet of a proposed ADU under Section 20.80.176 when no other feasible placement or design option exists.
Special Zone Rules
The City's unsuitable-tree species list treats palm trees as unsuitable on qualifying single-family and duplex property except within the Palm Haven Conservation Area. Designated heritage trees have separate heightened protections and require City Arborist consultation and a permit. Trees in the public right-of-way are governed by the street-tree process in Municipal Code Chapter 13.28 and administered by the Department of Transportation rather than the private-property Planning process.
What You Need Before Applying
Requirements
Determine whether the tree is a street tree, heritage tree, ordinance-size private tree, or a tree on multifamily, commercial, industrial, mixed-use, or common-area property. Covered private trees require an approved Tree Removal Permit or an approved development permit that authorizes the removal before work begins. Street and heritage trees require coordination with the City Arborist and the applicable City permit process. A private-tree permit or copy must be kept on site and posted as required before and during removal.
Required Documents
For a private Tree Removal Permit, submit the completed application, a tree description table and site plan showing property lines, street name, structures to scale, and labeled trees, plus a color photograph of each tree. A signed certified-arborist report is required or may be required depending on the removal basis, including dead/dying, imminent-hazard, and certain live-tree applications. Street-tree removal requests require the City's Street Tree Removal and Replacement Permit Application and a map showing the requested tree locations.