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San Benito County · Building on your lot

Tree removal in San Benito County

San Benito County's own rules on tree removal, with the code text for every value.

Each rule below links to the section of the San Benito County Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What San Benito County's code says

San Benito County code What San Benito County's code adds
Exemptions
  • Trees damaged by a natural disaster and found dangerous by an authorized official are exempt.
    Applies: Storms, floods, earthquakes, fires or other natural disasters.
    § 25.07.018 · code text
    Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official or code enforcement officer in their official capacity.
  • Trees found to be an imminent threat to public health, safety, welfare or property are exempt.
    Applies: Requires a written finding by the Planning and Building Director, Public Works Director, or their designee.
    § 25.07.018 · code text
    Trees determined to be an imminent threat to public health, safety, or welfare, or to property, as determined in writing by the Director of Planning and Building Services or the Public Works Director or their designees.
  • Trees removed under a permit from a state or federal agency are exempt.
    Includes work in a waterway to prevent floodway restriction.
    § 25.07.018 · code text
    Trees removed pursuant to a permit issued by a state or federal regulatory agency, including but not limited to the California Department of Fish and Wildlife, such as when work is being performed in a waterway to prevent floodway restriction.
  • Trees a certified arborist finds diseased or underwatered and unlikely to fully recover are exempt.
    Applies: The arborist report goes to the County, and the County arborist must be allowed to examine the tree.
    § 25.07.018 · code text
    Trees whose removal is determined necessary by a certified arborist because the tree is diseased or has received insufficient water to the degree that it is reasonably unlikely that the tree can be fully restored to a condition of good health.
  • Trees removed as part of a development project reviewed under CEQA are exempt.
    Applies: Only if the project considered removing those trees, or the removal is in a required landscape plan.
    § 25.07.018 · code text
    Trees which are removed as part of a development project that has been considered under CEQA, and (a) the project considered the removal of designated trees, or (b) the removal of trees is contained in a landscape plan submitted in compliance with a condition of approval for the approved project.
Permit to remove
  • Yes, a permit is needed to remove or seriously harm a tree, or trench, grade or fill in its dripline.
    Applies: R-1 and RM zones; exempt: trunks inside fully fenced rear or side yards of developed homes, except trees of special protection.
    § 25.07.018 · code text
    A tree removal permit is required to trench, grade or fill within the dripline of any tree or destroy, kill, remove, or seriously harm, any tree, as defined, on all property, public or private, in the R-1 and RM zones.
  • A permit is still required; the Director may approve removing 1 tree per lot every 5 years without usual findings.
    Applies: R-1 and RM zones; not for trees of special protection.
    § 25.07.018 · code text
    The Director may approve the removal of one tree per parcel every five years without making the findings set forth in division (E)(2), below, except for any “trees of special protection” as defined in this article.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Do I need a permit to remove a tree in San Benito County?

San Benito County's code: Yes, a permit is needed to remove or seriously harm a tree, or trench, grade or fill in its dripline. (R-1 and RM zones; exempt: trunks inside fully fenced rear or side yards of developed homes, except trees of special protection.) (§ 25.07.018); Trees damaged by a natural disaster and found dangerous by an authorized official are exempt. (Storms, floods, earthquakes, fires or other natural disasters.) (§ 25.07.018).

General information, not legal advice.

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