Do I Need a Tree Permit in Atherton?
Atherton protects heritage trees at 48 inches circumference (15.2 inches diameter) under AMC Ch. 8.10 (through Ord. 679, 5/20/2026). Oaks (valley, coast live, blue) qualify anywhere on the lot, while other species qualify only outside the main buildable area. Several species — all eucalyptus, Bailey/green wattle/black acacia, tree of heaven, mimosa, and Monterey pine — are exempt at any size. Even dead trees require a permit before removal.
Does my tree need a permit?
Answer two questions to get an instant result based on Atherton's Chapter 8.10 ordinance.
Circumference = wrap a tape around the trunk at 54 inches above natural grade. 48 inches circumference ≈ 15 inches diameter.
What trees are protected in Atherton?
AMC Ch. 8.10 (through Ord. 679, 5/20/2026) uses a three-factor system: species, size, and location all matter. The heritage tree threshold is 48 inches circumference (15.2 inches diameter) at 54 inches above natural grade.
| Tree type | Location | Protected at | Penalty |
|---|---|---|---|
| Oaks (valley, coast live, blue) | Anywhere on lot | ≥48″ circumference (15.2″ dia) at 54″ | 2× appraised value |
| Other non-exempt species | Outside main buildable area | ≥48″ circumference (15.2″ dia) at 54″ | 2× appraised value |
| All other species (non-exempt) | Main buildable area | Generally not protected | N/A |
| Heritage-designated trees | Anywhere | Any size, individually designated | 2× appraised value |
| Exempt species | Anywhere | Exempt at any size | N/A — no permit needed |
Exempt species -- no permit at any size
Ord. 679 (2026) exempts these species regardless of size or location: all eucalyptus, Bailey acacia, green wattle acacia, black acacia, tree of heaven, mimosa (silk tree), and Monterey pine. You may remove these without a permit.
What counts as a "setback area"?
Setbacks are the required distances from property lines where you cannot build — typically front, rear, and side yards. The exact setback dimensions depend on your lot and zoning. If a tree is outside the footprint where a structure could be built, it's in a setback. If you're not sure, the Town Planning Department can confirm: (650) 752-0544.
The Planning Commission requirement — what it means for your timeline
This is the single biggest difference between Atherton and every other Peninsula city. Most cities process tree permits administratively — staff reviews and approves within a few weeks. Atherton requires a Planning Commission public hearing. That means:
- Your application must be submitted in advance of a scheduled hearing date
- Neighboring property owners will be formally notified
- Neighbors may appear and comment at the hearing
- The Commission votes — approval is not guaranteed
- The whole process takes 6–10 weeks minimum, longer if complications arise
If you are buying or selling a property in Atherton and a tree removal is part of your plan, build the permit timeline into your transaction schedule. Assuming a quick administrative approval is one of the most common and costly mistakes I see on Atherton estate transactions.
How to get a tree removal permit in Atherton
Determine species, size, and location
First, check if the species is exempt (all eucalyptus, Bailey/green wattle/black acacia, tree of heaven, mimosa, Monterey pine -- exempt at any size). For oaks (valley, coast live, blue), measure circumference at 54 inches above natural grade -- if 48 inches or more, a permit is required anywhere on the lot. For other non-exempt species, the same 48-inch threshold applies, but only outside the main buildable area.
Not sure? Call the Town Arborist at (650) 752-0526 before scheduling any work.
Hire a licensed arborist for a removal report
AMC 8.10.060 requires a valid California C-49 tree care license for any tree work. This is more strictly enforced than neighboring cities. Verify CSLB license at cslb.ca.gov. The arborist report must document species, size, condition, and justification for removal. Note: even dead trees require a permit before removal — staff-level approval follows a Town Arborist inspection. There is no retroactive permit pathway.
Submit application with fee
File a heritage tree removal application with Atherton Planning Department. FY 2026-27 fees: $775 first tree plus $265 each additional (staff level); $7,310 for Planning Commission review; appeal $6,330. Include the arborist report, site photos, and proposed replacement planting plan. There is no in-lieu fee — replacement planting on site is required.
Attend the Planning Commission public hearing
You or your arborist should attend the hearing to present the case for removal. Neighboring property owners will be notified and may comment. The Commission reviews the arborist report and site conditions and votes. A strong, well-documented arborist report significantly improves approval odds.
Heritage tree cases with neighbor opposition can extend 2–3 hearing cycles. Budget accordingly.
Receive permit with conditions
If approved, the permit includes conditions — typically 2:1 replacement planting with species requirements. The permit is valid for 180 days. Schedule removal with a C-49 licensed, insured tree service and keep the permit on site during work.
Plant replacements and confirm compliance
Plant required replacement trees per the approved plan. The Town may inspect to confirm compliance. Native or locally adapted species are strongly preferred. Document the completed planting for your project file.
What happens if you remove a tree without a permit?
2x appraised value -- plus construction can stop
Unauthorized removal of a heritage tree in Atherton triggers a civil penalty equal to 2 times the appraised value of the tree, plus mandatory replacement planting. Damage to a heritage tree (not removal) carries a penalty of half the appraised value, which escalates to the full removal penalty if the tree dies within one year. On a mature heritage oak appraised at $100,000, that is a $200,000 civil penalty before replacement costs. The same rules apply to construction damage -- trenching within the Tree Protection Zone, grade changes, or paving more than 50% of the dripline area can be treated as removal. Construction-related tree damage is the most common enforcement trigger in Atherton.
For anyone purchasing property in Atherton with plans to remodel, add, or build: identify all protected trees on the site before the transaction closes. The Tree Protection Zone (TPZ) around heritage oaks can significantly reduce buildable footprint, and discovering this after you've closed is an expensive surprise.
Atherton for real estate buyers and developers
The builder-friendly angle most buyers miss
Atherton is actually more permissive than Palo Alto, Menlo Park, or Woodside for non-oak trees in the main buildable area -- those can generally come down without a permit. Protection applies to oaks (valley, coast live, blue) reaching 48″ circumference anywhere on the lot, and other species at that threshold in setback areas only. Several species (eucalyptus, acacia, tree of heaven, mimosa, Monterey pine) are exempt at any size. If you're evaluating a lot for development, map the oaks first and check whether they encroach on the buildable envelope.
I do more Tree Protection Zone reviews for Atherton remodels and new builds than any other work in the city. The typical scenario: a homeowner wants to add a guest house or expand the main structure, and a heritage oak's TPZ covers the planned footprint. The permit process, the arborist report, the Planning Commission hearing — these all take months and add significant cost. Getting an arborist assessment during due diligence rather than after escrow closes is always the right call.
Atherton Planning Department — contact and resources
Call the Town Arborist before you submit
The Town Arborist at (650) 752-0526 can often tell you over the phone whether your tree is likely to qualify for removal and flag any complications before you invest in an arborist report and application fee. A 10-minute call can save weeks on a case that won't be approved.
Frequently asked questions
Can I prune an oak in Atherton without a permit?
Pruning that follows ISA A300 standards and removes 25% or less of the live canopy generally does not require a permit. However, any pruning that could be classified as "excessive" or that damages the tree may trigger enforcement. When in doubt — especially on a heritage oak — call the Town Arborist first.
What if my tree is dead or an imminent hazard?
A permit is required before removal even for dead or hazardous heritage trees. The Town Arborist inspects and can grant staff-level approval without a Planning Commission hearing. There is no retroactive permit pathway in Atherton -- removing first and applying later is treated as a violation. Document the hazard condition (photos, timestamps) and call the Town Arborist at (650) 752-0526 before any work begins.
Does the ordinance apply to construction projects?
Yes — and construction is the highest-risk scenario. Any grading, excavation, or construction within the Tree Protection Zone of a heritage oak requires a Tree Protection Plan approved by the Town Arborist before work begins. Construction damage is treated the same as removal for penalty purposes.
What's the difference between a heritage tree and a protected tree?
In Atherton, AMC Ch. 8.10 uses one category: "heritage tree." A tree qualifies if it reaches 48″ circumference at 54″ above grade and is either a native oak (valley, coast live, or blue oak) anywhere on the lot, or another non-exempt species located outside the main buildable area. Several species (eucalyptus, acacia, tree of heaven, mimosa, Monterey pine) are exempt at any size. Some trees may also be individually designated by the Town for historical or ecological significance.
Related reading for Atherton tree owners
Need a permit-experienced arborist in Atherton?
Every company in our Atherton rankings has been verified for CSLB C-49 licensing, ISA credentials, and Atherton permit experience. Planning Commission applications benefit enormously from a well-written arborist report.