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Buying a Home with Protected Trees: What Bay Area Buyers Need to Know

  • Writer: Thomas L
    Thomas L
  • Apr 30
  • 4 min read

Updated: 5 days ago

If you're buying a home in cities like Saratoga, Los Gatos, Palo Alto, Sunnyvale, or San Jose, chances are the property could include one or more protected trees. While mature trees are often seen as assets—providing beauty, shade, and environmental benefits—they can also come with legal responsibilities and development limitations.


Home Built Near Mature Protected Tree

What Is a Protected Tree?


A protected tree is typically defined by local city ordinances based on species, trunk size, and location. Most Bay Area municipalities have preservation laws in place to safeguard California natives like oak trees, redwoods, and valley oaks, due to their ecological and cultural importance.


Protection rules vary, but many cities consider a tree to be protected if:

  • It’s a certain species (like Coast Live Oak, Blue Oak, or Redwood)

  • It meets a minimum trunk diameter (commonly 10” or more)

  • It's located in a front yard, public setback, or near utility easements


Why Protected Trees Matter When Buying a Home


When you purchase a home with protected trees, you inherit more than just the landscaping—you take on the legal duty to maintain and protect those trees. Removing or significantly pruning them without city approval can result in fines, stop-work orders, or forced replanting.


Key Considerations:


  • Construction Restrictions: Building a deck, pool, or addition? Cities like Palo Alto and Los Gatos often require an arborist report before issuing permits if construction may affect a protected tree’s root zone.

  • Maintenance Obligations: Regular trimming must follow ANSI standards and often requires permits.

  • Resale Impact: Homes with healthy native trees may command a higher resale value, especially in Sunnyvale and Saratoga, where buyers prize mature landscapes.


Common Protected Trees in the Bay Area


Though each city maintains its own tree ordinance, here are some species that are frequently protected:

  • Coast Live Oak (Quercus agrifolia)

  • Valley Oak (Quercus lobata)

  • California Buckeye

  • Redwood (Sequoia sempervirens)

  • Big Leaf Maple

  • California Sycamore

  • Cedars

  • Toyon and other chaparral shrubs (in hillside zones)


City-by-City Guidelines

Here’s a brief look at how different cities treat protected trees:


  • Saratoga: All trees are protected, regardless of species, if they have a trunk diameter of 10 inches or more; native trees are also protected if they have a diameter of 6 inches o more

  • Los Gatos: Trees over 12” diameter; All trees which have an 8 inch or greater diameter on developed Hillside residential property. Vacant lots and other parcels have different thresholds.

  • Palo Alto: Any mature tree measuring 15" or more DBH; Local Native trees are protected as small as 11.5 inches in diameter

  • Sunnyvale: A “protected tree” is defined as any tree with a trunk circumference of 38

  • San Jose: A “protected tree” is defined as any tree with a trunk circumference of 38 inches


Always check with the city’s planning department before any tree-related work.


Can Protected Trees Limit Development?


Yes. If you're buying a fixer-upper or planning a major remodel, a protected tree could impact your site plan, especially if it’s located near a proposed driveway, foundation, or retaining wall. In some cases, tree protection zones (TPZs) extend well beyond the canopy, limiting grading or trenching activities.


To move forward with construction, buyers often must:

  • Hire an ISA Certified Arborist to assess tree health and risk

  • Submit an impact mitigation plan

  • Incorporate tree protection fencing and adjusted building footprints


Are Protected Trees a Dealbreaker?


Not at all. In fact, many buyers in cities like San Jose and Palo Alto value mature trees for their shade, privacy, and environmental impact. A well-maintained oak can increase property value and curb appeal. However, it’s essential to budget for regular maintenance and potential permit fees.


Tips Before You Buy


  1. Request a Tree Inventory: If mature trees are on the lot, ask for a tree inventory or consult an arborist pre-purchase.

  2. Check City Ordinances: Each municipality has different thresholds and protected species.

  3. Review the Site Plan: If you plan to build or expand, determine how existing trees will affect your design.

  4. Consult a Local Arborist: Professionals familiar with Saratoga, Los Gatos, or Sunnyvale ordinances can help navigate the permit process. At NewVista we have worked with most planning departments and can advice you on whats likely to be approved. Some cities like Sunnyvale can give you pushback and ask for you to re-design your plans, while retaining the tree. Other cities like los Gatos will ask for Tree valuations and ask you to pay or plant the monetary value of the tree removed.


Final Thoughts


Buying a home with protected trees in the Bay Area is both a privilege and a responsibility. From Redwoods in Palo Alto to Valley Oaks in Saratoga, these trees are not just landscaping—they’re part of California’s living history. With the right planning, you can enjoy the beauty and benefits of your trees without unexpected headaches.


Contact NewVista Tree Service for a consultation and guidance.



 
 
 

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