Every city on the SF Peninsula protects trees. But the rules vary dramatically — what's perfectly legal in Atherton can trigger a $10,000 fine in Menlo Park. After 13 years in arboriculture — including work across all of these cities — the single most expensive mistake I see homeowners make is assuming the rules in their city are the same as the city next door.
This guide covers the seven Peninsula cities where we maintain detailed tree service rankings : Palo Alto, San Mateo, Redwood City, Menlo Park, San Carlos, Burlingame, and Atherton. Each city has its own ordinance, its own thresholds, and its own enforcement culture.
Key Takeaways
- Every Peninsula city has a tree protection ordinance, but thresholds range from 31.4" circumference (Menlo Park native oaks) to 57" (Palo Alto natives)
- Penalties for unpermitted removal can reach 3x the appraised value — $30K–$150K+ for a mature heritage oak
- Menlo Park is the most restrictive city on the Peninsula — criminal misdemeanor charges are possible
- Palo Alto only protects specific native species, so most ornamental and non-native trees are unprotected regardless of size
- Burlingame charges a $22,262 in-lieu fee when a protected tree is approved for removal
- If you're remodeling near a protected tree, budget for a Tree Protection Plan from a certified arborist
The Quick Comparison
Here's the cheat sheet. See all 25 Cities for a full overview, See the interactive map for a visual comparison, or scroll down for the full breakdown of each city.
| City | Protected Size | Key Threshold | Max Penalty |
|---|---|---|---|
| Palo Alto | 57″ circ. (natives) | Species-specific: oaks, redwoods, cedars | 3× appraised value |
| San Mateo | 56″ circ. | All species, public & private | 3× appraised value |
| Redwood City | 48″ circ. | Heritage = 48″, Street Trees separate | Civil penalties + replacement |
| Menlo Park | 47.1″ general / 31.4″ native oaks | Most restrictive on Peninsula | Appraised value + criminal misdemeanor |
| Burlingame | 44″ circ. | $22,262 in-lieu fee; 25% pruning limit | $1,000/violation + 10× permit fees |
| Atherton | 48″ in setbacks; all native oaks | Most builder-friendly; oaks always protected | ½ appraised value (six figures possible) |
Circumference measured at 54 inches above grade (standard "breast height"). Use our free permit checker to see if your specific tree likely needs a permit.
City-by-City Breakdown
Palo Alto — Species-Specific Protection
Palo Alto's Protected Tree Ordinance (Title 8, Chapter 8.10) takes a targeted approach: it only protects specific native species — coast live oaks, valley oaks, coast redwoods, blue oaks, and Oregon white oaks — once they reach 57 inches in circumference (about 18 inches in diameter). Cedars of Lebanon are also protected regardless of size due to their historical significance.
What makes Palo Alto unique is that most ornamental and non-native trees are not protected, regardless of size. That 40-foot Monterey pine in your backyard? Probably doesn't need a permit to remove. That 12-inch-diameter coast live oak ? It does.
Violations are steep: up to three times the appraised value of the tree using the Council of Tree and Landscape Appraisers (CTLA) method. For a mature coast live oak, that can easily reach $30,000–$50,000.
Pro tip: Development projects near protected trees require a Tree Protection Plan prepared by a certified arborist. If you're remodeling and there's an oak within 20 feet of the work zone, budget for this upfront.
San Mateo — Broadest Protection
San Mateo's Heritage Tree Ordinance (Municipal Code 13.40) is one of the broadest on the Peninsula — it protects all trees, regardless of species, once they reach 56 inches in circumference (about 18 inches in diameter) on both public and private property.
This means your Italian stone pine , your liquidambar, even that eucalyptus you've wanted to remove for years — if it's over the size threshold, you need a permit. The city's Parks & Recreation Department reviews all applications.
Penalties mirror Palo Alto at up to three times appraised value. San Mateo also requires one-for-one replacement planting and may require a maintenance bond to ensure replacement trees survive.
Pro tip: San Mateo has an active urban forestry program. If you're not sure whether your tree qualifies, call the city arborist — they're generally helpful and it's far cheaper than finding out the hard way.
Redwood City — Two Separate Programs
Redwood City runs two parallel tree protection programs that sometimes confuse homeowners. The Heritage Tree program (Municipal Code Chapter 35) protects private trees at 48 inches circumference (about 15 inches diameter). Separately, the Street Tree program covers all trees in the public right-of-way, regardless of size.
Heritage tree removal permits require an arborist report and carry replacement requirements. Street tree work requires coordination with Public Works — even pruning roots that are lifting your sidewalk needs city approval.
Redwood City is also one of the more proactive cities about enforcement. Their building permit process cross-references tree surveys, so if you pull a construction permit and there are heritage trees on site, expect the city to require protection measures.
Pro tip: If you're buying property in Redwood City, get a tree survey before closing. Heritage trees near the building envelope can significantly affect what you can build and where.
Menlo Park — Most Restrictive
Menlo Park's Heritage Tree Ordinance (Municipal Code Chapter 13.24) is the most restrictive on the Peninsula — and it's not close. The general threshold is 47.1 inches circumference, but native oaks are protected at just 31.4 inches (10 inches diameter). That catches a lot of trees.
Three things make Menlo Park uniquely strict. First, the city maintains an approved consulting arborist list — your arborist report must come from someone on that list or it won't be accepted. Second, there's a 25% pruning threshold: removing more than 25% of a heritage tree's canopy in any 12-month period requires a permit. Third, development-related removals trigger a 300-foot neighbor notification requirement and a 15-day appeal window.
Violations can result in both civil penalties (based on appraised tree value) and criminal misdemeanor charges. Menlo Park is one of the few Peninsula cities that has actually pursued criminal charges for illegal tree removal.
Pro tip: Before hiring an arborist for a Menlo Park heritage tree report, confirm they're on the city's approved list. A report from a non-approved arborist — even a highly qualified one — will be rejected. Check our Menlo Park rankings for companies with city-approved arborists.
Burlingame — Lowest Threshold, Highest In-Lieu Fees
Burlingame's Urban Reforestation and Tree Protection Ordinance (Chapter 11.06) has the lowest size threshold on the Peninsula at 44 inches circumference (about 14 inches diameter). But what really sets Burlingame apart is the financial structure.
If you're approved for a heritage tree removal but can't replant on site, the in-lieu fee is $22,262 per tree . And after-the-fact permit fees run 10 times the standard rate. Combined with a $1,000 per-violation fine and restitution for tree value, an unauthorized removal can easily cost $40,000+.
Burlingame also protects replacement trees at planting — meaning any tree you plant to replace a removed heritage tree is itself immediately protected, regardless of size. And the 25% pruning limit means even routine maintenance can trigger permit requirements on large trees.
Fun fact: Burlingame has been a Tree City USA since 1980, and the Howard-Ralston Eucalyptus Tree Rows along El Camino Real are on the National Register of Historic Places (listed 2012, trees 130+ years old).
Pro tip: Burlingame's hillside properties are especially tricky — many have both heritage trees and steep slope requirements. Get your tree assessment done before you engage an architect, not after.
Atherton — Builder-Friendly, Except for Oaks
Atherton is the outlier on the Peninsula. For most trees in the main buildable area, you generally don't need a permit to remove them — making it the most builder-friendly jurisdiction we cover. But there's one massive exception: native oaks are always protected, regardless of size or location.
Trees in setback areas (front, side, rear) are protected once they reach 48 inches in circumference, and heritage tree removals go to the Planning Commission for a public hearing. The permit fee is $750, and a professional arborist report is required.
Where Atherton gets expensive is violations. Civil penalties are set at half the appraised value of the tree — and on estate-scale Atherton properties, mature native oaks can appraise at six figures using the CTLA method. One unauthorized oak removal can cost more than a luxury car.
Atherton also requires a Tree Protection and Preservation Plan for any construction near heritage trees, and the Town Arborist (Sally Bentz, 650-752-0526) reviews all applications.
Pro tip: If you're purchasing property in Atherton, invest $1,500–$3,000 in a pre-purchase arborist assessment. A single protected oak in the wrong location can eliminate a building pad or add $50,000+ to construction costs for root zone protection.
What Homeowners Get Wrong Most Often
⚠️ "My neighbor removed a similar tree, so I can too."
Every tree is evaluated individually. Your neighbor may have gotten a permit you didn't know about, or their tree may have been a different species, or their project may have predated the current ordinance. Assuming your situation is the same is the #1 way homeowners end up with violation notices.
⚠️ "The tree is dead, so I don't need a permit."
In most Peninsula cities, you still need a permit to remove a dead heritage tree. The process is usually faster and approval is nearly guaranteed, but skipping it can still trigger fines. Some cities require an arborist letter confirming the tree is dead or hazardous before they'll issue a removal permit.
⚠️ "I'll just prune it way back instead of removing it."
Most Peninsula cities have pruning thresholds — typically 25% of the canopy in a 12-month period. Aggressive pruning that exceeds this threshold is treated the same as removal under the ordinance. This is a trap that catches a lot of homeowners who think they're being clever.
How to Check If Your Tree Is Protected
Start with our free Peninsula permit checker — enter your zip code, tree species, and size, and it'll tell you whether a permit is likely required in your city.
For anything complex — construction near protected trees, multi-tree removals, disputed species identification — hire a consulting arborist who knows your specific city's ordinance. Our city rankings highlight companies with local ordinance expertise on every page.
And if you're comparing tree service quotes, make sure permit awareness is part of the conversation. Any company that doesn't mention permits when quoting work on a large tree is a red flag .
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For a deep dive on one city's rules, see Los Altos Heritage Trees & the 12-Inch Rule — including the 10-inch native species threshold and real penalty scenarios.