Heritage Trees
A permit is required to remove a Heritage tree. Failure to get a permit will result in a penalty fee per tree brought against the property owner, which in some cases can reach tens of thousands of dollars based on the assessed value of the tree.
A Heritage Tree is defined as any tree with the following characteristics:
- A tree trunk with a circumference of forty-eight inches (48") or more measured at fifty-four inches (54") above natural grade. Multi-trunk trees are measured just below the first major trunk fork; or
- Quercus (oak), Sequoia (redwood) or Cedrus (cedar) with a circumference of twelve inches (12") measured at fifty-four inches (54") above natural grade; or
- A grove(s) of trees designated as “heritage” by the City Council.
Where do I submit my tree removal application?
Tree removal situation | urban forestry | Planning |
---|---|---|
Removing a dead or fallen Heritage tree on any property. | X | |
Removing a Heritage tree(s) at a single family home or duplex property (with or without other construction activity proposed). Note: A tree removal permit related to construction activity will be reviewed in tandem with a submitted building permit to the City. |
X | |
Removing a Heritage tree(s) as part of a development permit on a nonresidential site or a multifamily residential site (with or without a Homeowners Association). | X | |
Removing 3 or fewer Heritage trees on any multifamily residential or nonresidential property where no other construction activity is proposed. | X | |
Removing 4 or more Heritage trees on any multifamily residential or nonresidential property (with or without other construction activity proposed). | X |
Cost
- Urban Forestry Permit fee: $116 and $58 per additional tree at the same address
- Planning Permit fee: $728
Timeline
- Typical Timeline to Receive Urban Forestry Permit: 30 days, no public hearing required.
- Typical Timeline to Receive Planning Permit: 60 to 90 days, as an Administrative Zoning public hearing is required.
Process
For applications to Urban Forestry:
- Submit your application online as in-person submissions are no longer accepted. Note: You will need to create a user profile in ePermitsMV using the following instructions.
- Once an application is received, City Staff will schedule and conduct an on-site inspection by a City Arborist, typically within 2 weeks. Following an inspection, the City Arborist will make a determination.
- If corrections are required, then you will need to address the corrections or requests for additional information as part of your resubmittal online.
- City staff will review your resubmittal in 1 week to confirm you have addressed all comments.
- Upon making a final determination on the application, a City Arborist will send notification of the decision to the property owner and post it on the City website. Additionally, a notice will be posted on the tree(s) proposed for removal for a minimum of 10 days following the final decision.
For applications to Planning:
- Submit your application online.
- Once your application is received, City staff will coordinate fee payment before reviewing your application materials.
- Within 30 days, City Staff will determine if your application is complete or if additional information or corrections are required. The permit will be reviewed in consultation with a City Arborist.
- If corrections are required, then you will need to address the corrections or requests for additional information and resubmit online.
- City staff will review your resubmittal within 30 days to confirm you have addressed all comments and corrections. Each subsequent review cycle allows City staff 30 days to give you comments.
- Once your application is complete and in good order, your permit will be scheduled for review at an Administrative Zoning public hearing, where a final decision will be made. Note: Due to City noticing requirements for a public hearing, a complete application cannot be scheduled sooner than 30 days in advance of the scheduled hearing date.
- At the public hearing, the applicant, property owner, or a representative familiar with the permit, including tree(s) proposed for removal, must be present to address any questions raised by the Zoning Administrator and the public. Following the hearing, you will receive a copy of the final permit.
Noticing for the hearing to review the application includes: mailed postcards to all property owners/tenants within 750' of the subject property; noticing in the newspaper 14 days in advance; posting of the public hearing agenda, key application materials, and staff's recommendation on the permit 5 days in advance of the hearing at mountainview.legistar.com; and attendance at the public hearing where the public can provide comments.
Requirements
All Heritage Tree Removal Permits require the replanting of two new tree(s) per one Heritage tree removed, or payment of an in-lieu fee if one can not be accommodated on the same site.
For applications submitted to Urban Forestry:
- Submit your application online.
- The application requires providing the number, species, size and exact location of the tree(s) involved, a brief statement of the reason(s) for the requested action, and the property owner signature.
- If you are submitting for a building permit to complete improvements at your single-family home that necessitates removing a Heritage tree(s), you need to apply for a Heritage Tree Removal Permit with Urban Forestry at the same time as you submit for your building permit. The Heritage Tree Removal Permit will not be acted upon until review of your building permit is complete.
For applications submitted to Planning:
- Submit a completed Planning Permit Acknowledgement form, which requires property owner signature.
- A brief written statement about the reason for the removal request and the timeline to replant new trees.
- An 11" x 17" site plan, landscape plan, or site survey showing the exact tree locations and their associated tagged number.
- A replanting plan that shows the proposed new trees to be planted, including tree species and size to be planted.
- An arborist report prepared by an ISA certified arborist which identifies and evaluates each tree's location, species, size, health, and recommendation on retention or removal of the tree(s).
Appeals on Heritage Tree Removal Permits
Decision of the City Arborist (Urban Forestry)
A decision of approval or denial of a Heritage Tree Removal Permit by the City Arborist can be appealed within 10 calendar days of the decision (during the 10-day posting on the tree). The appellant must submit a letter outlining the reason(s) for the appeal and pay a $50 fee. All appeals are heard by the Urban Forestry Board (UFB) at a public hearing, which is the council-appointed Parks and Recreation Commission.
Decision of the Zoning Administrator (Planning)
A decision of the approval or denial of a Heritage Tree Removal Permit by the Zoning Administrator can be appealed within 10 calendar days. The appellant(s) must submit an appeal form, required documentation outlining the reason for the appeal, and pay an appeal fee that is 50% of the original application fee, not to exceed $500 for permit locations in the R1 (Single-Family Residential) zone and $1,000 for all other locations. All appeals are heard by the City Council at a public hearing. The appeal application and fee must be submitted to the City Clerk's Office at 500 Castro Street, Third Floor, Mountain View, CA 94043.