I want to remove a tree from my property. Do I need a permit?
If the tree is a "Heritage Tree," you need a permit. Call the Planning Department for detailed information at (650) 802-4361 or visit the city website's municipal code. The appropriate section is Chapter 12.20 Maintenance and Removal of Trees on Public and Private Property. If the tree is not a Heritage Tree, you do not need a permit to remove the tree from developed residential property. The code, in part, reads:

A. Any person desiring to remove a heritage tree which is also a private tree must apply to the Director for removal. Such application shall identify the species, contain the number, size, and location of the tree or trees involved, contain a brief statement of the reason for the requested action, and describe any other pertinent information the Director may require. Within twenty working days of receipt of the application, the Director or his authorized representative shall inspect the premises and tree(s) and shall ascertain whether the heritage tree(s) may be removed; provided, however, the Director may upon receipt of the application and such information, maps, sketches and/or photographs as he deems sufficient, make a determination without an inspection; provided further, failure to act shall not be deemed approval.

B. If no action on an approved, issued permit is taken within a period of one year from the date of approval, the permit shall be considered void. The determination of the Director in granting or denying the permit shall be based upon making one or more of the following findings:

1. The tree: (a) is diseased; or (b) could adversely affect the general health and safety; or (c) could cause substantial damage; or (d) is a public or private nuisance; or (e) is in danger of falling; or (f) substantially detracts from the value of the property; or (g) interferes with utility services; or (h) acts as a host for a plant which is parasitic to another species of tree which is in danger of being infested or exterminated by the parasite; or (i) is a substantial fire hazard;

2. The required action is necessary (a) to utilize the property in a manner which is of greater public value than any environmental degradation caused by the action; or (b) to allow reasonable economic or other enjoyment of the property.

C. The Director may refer the application to another department, committee or person for report and recommendation, or may require a report from a licensed arborist at the expense of the applicant.

D. In granting a heritage tree removal permit, the Director may attach reasonable conditions to ensure compliance with the content and purpose of this chapter, such as, but not limited to, requiring replacement of trees removed with plantings acceptable to the Director. The replacement tree shall be a minimum size twenty-four inch box specimen tree of a species, size and location approved by the Director. If a permit is denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for such denial or conditions based upon the above standards.

What is a 'Heritage Tree'?
It is a tree that is native to, or which has adapted to, climatic conditions of the area. Municipal Code 12.20.020 - C. "Heritage Tree" means any tree that is thirty-six inches in circumference or more, (which is approximately eleven and one-half inches in diameter) outside of bark, measured at forty-eight inches above natural grade.

Why does San Carlos have a Tree Ordinance?
San Carlos adopted a Tree Ordinance because: ". . .the City has determined that the preservation, maintenance and reforestation of trees is necessary for the health and welfare of the City in order to preserve the scenic beauty; provide habitat; maintain property values; prevent erosion of topsoil; protect against flood hazards and the risk of landslides; counteract the pollutants in the air; maintain the climatic balance and decrease wind velocities, and promote the general welfare and prosperity of the City. It is the further intent of this ordinance to establish regulations for the preservation and removal of heritage trees within the City in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of private property."

Who is responsible for the care of trees in front of my house?
The owners of parcels fronting on any portion of a street must maintain any trees and shrubs on their parcel and in any contiguous parking strip and unimproved right-of-way, in such condition that they will not interfere with the public safety and convenience in the use of the streets or sidewalks. Owners must also maintain these trees so that there is an eight-foot pedestrian clearance from the top of the sidewalk or pathway, and a 13-foot vehicular clearance from the top of the curb or top of the pavement.

I want to trim one of my trees. Do I need a permit?
If a tree in San Carlos is not a “Heritage tree,” you do not need a permit to perform any trimming. If the tree is a “Heritage tree,” a permit is not required if the tree is not “severely trimmed,” so as to compromise the health of the tree. If you want to remove a Heritage tree, a permit is required. If a Heritage tree is removed (either removed in its entirety or severely trimmed) without a permit, a violation will be cited and penalties will be enforced. Call the Planning Department for further information at (650) 802-4361.

One of my neighbor's trees is hanging over the fence in my yard. May I trim it?
In general, you have the right to cut any part of the tree that is over your property as long as you don't permanently damage the tree. To avoid legal problems, notify your neighbor (the owner of the tree in question) of your intentions before you begin so your neighbor has an opportunity to take care of the problem. If the tree is protected (see above) and you want to trim more than one-third of the tree, you must get a tree permit from the city.

Where do I apply for a tree permit?
Contact the Planning Department, located on the first floor of City Hall, 600 Elm St. or phone (650) 802-4361. A replacement tree also requires you to replace the tree as a condition of a tree removal permit.