Planning a remodel or new landscaping in Menlo Park and worried that big oak in your yard might slow things down? Heritage tree rules can feel complex when you just want to keep your project on schedule and avoid fines. You deserve clear steps, plain language, and confidence you are doing it right. This guide explains what qualifies as a heritage tree, when permits are required, how to apply, and what to expect with replacements, appeals, and timelines. Let’s dive in.
What is a heritage tree
A heritage tree in Menlo Park is defined by size and designation. Non‑oak trees qualify at a trunk circumference of 47.1 inches or more, measured 54 inches above natural grade. California native oaks qualify at 31.4 inches or more at the same height. The City Council can also designate specific trees or groves for protection. Review the City’s definition and ordinance overview for full details on sizes and protections in the heritage tree definition and ordinance.
When you need a permit
You need a City permit to remove any heritage tree or to perform major pruning. Major pruning means cutting more than one‑fourth of a heritage tree’s crown and or roots. Pruning up to 25 percent does not require a heritage tree permit. City guidance on when a permit is needed, including how to apply online, is outlined on the heritage tree permit applications page.
Emergency removals are only allowed when authorized by the police chief, fire chief, public works director, or their designees. Outside of a true emergency, always secure your permit before work begins.
How the permit process works
For non‑development projects
For straightforward removals or pruning not tied to a development application, the City offers a streamlined path:
- Mark the tree clearly on site and take clear photos. For dead trees, photos can be used in place of a full arborist report.
- Apply through the online portal and upload required materials.
- The City arborist reviews your submittal and may conduct a site visit.
- You receive a written decision. After approval, your tree contractor must carry the permit on site during work.
See the step‑by‑step checklist on the City’s page for non‑development heritage tree permits.
For development or utility projects
Projects tied to construction, grading, or utilities have added steps and public notice:
- Hire a City‑approved consulting arborist early and follow the City’s arborist report checklist and tree protection specs available through Planning resources.
- Post City‑issued notice on or near the tree and note that property owners within 300 feet will receive mail notice.
- A 15‑day appeal period follows the City’s decision before a permit is issued.
Find the notice and appeal window steps for larger projects on the page for heritage tree permits for large projects.
Required documents and reports
Most applications need an arborist report and a replacement tree plan. For dead heritage tree removals, clear photos may be accepted in place of a formal report. Typical submittals include:
- Property owner authorization or heritage tree acknowledgement form.
- Arborist report prepared within 12 months by a named Consulting Arborist on the City’s approved list.
- Replacement tree plan showing species, sizes, locations, or an in‑lieu fee request.
- For development projects, a full tree inventory, appraised values, preservation plan, construction drawings, and analysis of alternatives.
Access the arborist report checklist and protection standards through the City’s Planning resources, and see document details for non‑development cases on the non‑development permits page.
How decisions and appeals work
The City arborist reviews your request using ordinance criteria. Common approval reasons include:
- The tree is dead.
- The tree has a high or extreme risk rating.
- The tree is dying, severely diseased, pest‑infested, or intolerant of the site.
- The species is designated invasive or of low desirability by the City.
- The tree unavoidably conflicts with proposed development and no financially feasible alternative exists.
- Utility or public safety conflicts identified by a public agency.
Appeals vary by criterion. For health and safety criteria, only the applicant may appeal. For development or utility criteria, any community member may appeal. The appeal period is 15 days after the written decision. See the process and criteria summary on the City’s heritage tree appeals page.
Replacement trees and in‑lieu fees
Menlo Park’s goal is to maintain or increase canopy cover after removals. Replacement sizes and in‑lieu values depend on the removed tree’s diameter. Examples from the City’s schedule include:
- Oak 10–15 inches diameter: one #5 container, in‑lieu value $100.
- Over 15–20 inches: one #15 container, in‑lieu value $200.
- Over 20–30 inches: one 24‑inch box, in‑lieu value $400.
- Over 30–40 inches: one 36‑inch box, in‑lieu value $1,200.
- Over 40–50 inches: one 48‑inch box, in‑lieu value $5,000.
- Over 50 inches: one 60‑inch box, in‑lieu value $7,000.
For development or utility cases, the total value of replacement trees should at least equal the appraised value of the removed tree. If on‑site planting cannot reach that value, you can explain constraints and pay an in‑lieu fee. Review the full schedule and guidance in the City’s replacement requirements.
When selecting species, the City encourages options suited to local conditions and water budgets. Useful tools include SelecTree and WUCOLS. The City also recommends spacing and setback guidelines to support long‑term canopy health.
Protect trees during construction
If you plan work within a tree’s protection zone, you must show how you will protect roots and canopy. The protection zone is typically an area equal to 10 times the trunk diameter. A tree protection plan is required before grading or construction permits are issued. See the overview and protections in the City’s heritage tree definition and ordinance.
Timelines, fees, and penalties
City staff aim to issue decisions in a reasonable period, but posted timelines are not guaranteed. Plan for a multi‑week review for straightforward non‑development cases and longer for projects tied to development or potential appeals. Find submittal tips and portal access on the heritage tree permit applications page.
Violations can be costly. Civil penalties can reach up to $5,000 per violation, and if a heritage tree is removed or destroyed, the fine may be up to $5,000 per tree or the appraised value, whichever is higher. The City may also issue stop‑work orders during construction. Review the policy in the heritage tree definition and ordinance.
Application and inspection fees can change, so always confirm current amounts in the City’s Master Fee Schedule before applying.
Quick compliance checklist
- Confirm if your tree meets heritage thresholds and if your work exceeds the 25 percent pruning limit.
- Mark the tree and take clear photos, especially if the tree is dead.
- Hire a City‑approved consulting arborist for development‑related cases and follow the arborist report checklist.
- Prepare a replacement plan or budget for in‑lieu fees.
- Submit a complete application and monitor the 15‑day appeal window for development or utility cases.
- Keep the approved permit on site and follow City tree protection specs during construction.
Ready to move forward with confidence? If you are preparing a sale, planning a remodel, or weighing a lot purchase in Menlo Park, the Gevertz Group can help you coordinate the right steps, align timelines, and connect you with trusted local resources so your project stays on track.
FAQs
Do I need a permit to remove a dead heritage tree in Menlo Park?
- Yes. You must apply, but the City waives the application fee and photos can substitute for an arborist report. Replacement planting or an in‑lieu fee is still required.
How much can I prune a heritage tree without a permit?
- You can prune up to 25 percent of the canopy and or roots without a heritage tree permit. Anything more requires a permit.
Who can write the arborist report for my application?
- A named Consulting Arborist from the City’s approved list must prepare it. The approval applies to the individual, not just the company.
How are multi‑stem heritage trees measured?
- If the tree splits at or below 4.5 feet, measure below the union. If stems unite below grade, each stem may be measured separately. Small multi‑trunk trees under 12 feet tall typically do not qualify.
Where do I apply and how do I check permit status?
- Apply and track status through the City’s online permit portal. You can look up your record by the HTR permit number.
