Heritage tree definition and ordinance

Menlo Park desires to protect and preserve the scenic beauty and natural environment, prevent erosion of topsoil and sedimentation in waterways, encourage quality development, provide shade and wildlife habitat, counteract pollutants in the air and decrease wind velocities and noise. The primary intention of the ordinance is to ensure that there will be a significant population of large, healthy trees over the long term.

Definition of a heritage tree

1. Any tree other than oaks has a trunk with a circumference of 47.1 inches (diameter of 15 inches) or more, measured at 54 inches above natural grade
2. Any oak tree native to California has a trunk with a circumference of 31.4 inches (diameter of 10 inches) or more measured at 54 inches above natural grade
3. A tree or group of trees specifically designated by the City Council for protection because of its historical significance, special character or community benefit

Any tree with more than one trunk that falls under (1) and (2) shall be measured at the diameter below the main union of all multi-trunk trees. If the tree has more than one trunk and the union is below grade, each stem shall be measured as a standalone tree. Multi-trunk trees under 12 feet in height shall not be considered a heritage tree.

Maintenance and protection

Heritage trees are required to be preserved and maintained in a state of good health. The intention of this provision is to require reasonable measures such as correct watering, periodic inspection, proper pruning and not engaging in practices that are detrimental to the tree. The ordinance also requires any person who conducts grading, excavation, demolition or construction activity on a property to do so in a manner that does not threaten the health or viability or cause the removal of any heritage tree. Any work performed within an area 10 times the diameter of the tree (i.e., the tree protection zone) requires the submittal of a tree protection plan for approval by the City before issuance of any permit for grading or construction.

Heritage tree ordinance

The City Council approved an updated heritage tree ordinance effective July 1, 2020. Municipal Code Chapter 13.24 describes heritage tree ordinance protections. 

• The heritage tree permit application process: Submit heritage tree permit applications using the online permit portal.
• A City-approved consulting arborists list: Applicants must hire one of the consulting arborist from the City’s approved list. Consulting arborist may apply year-round to be on the list.
• The heritage tree decision making criteria: The new criteria is more clear and concise.
• The heritage tree replacement requirements: For non-development projects, the requirements depend on the size of the heritage tree’s trunk diameter. For development projects, the monetary value of the replacement trees must be at least equal to the appraised value of the heritage tree. If those requirements cannot be met, a written statement is needed to explain why an in lieu fee payment shall be allowed.
• The heritage tree appeals process: Community members must submit an appeal form and payment electronically or hard copy to initiate the appeal process. The new ordinance changed who is applicable to appeal, the appealing body is different and the City may request additional materials. 

Violation penalties

Any person who violates the ordinance, including property owners, occupants, tree companies and gardeners, could be held liable for violation of the ordinance. The ordinance prohibits removal or pruning of over one-fourth of the tree, vandalizing, mutilating, destruction and unbalancing of a heritage tree without a permit. If a violation occurs during construction, the City may issue a stop-work order suspending and prohibiting further activity on the property until a mitigation plan has been approved, including protection measures for remaining trees on the property. Civil penalties may be assessed against any person who commits, allows or maintains a violation of any provision of the ordinance.

The following penalty shall apply to violations of the heritage tree ordinance, effective July 14, 2020:

• If a person commits, or maintains a violation of any part of Municipal Code Chapter 13.24, he/she will be fined in an amount not to exceed $5,000 per violation; and
• If the violation resulted in the removal or demise of a heritage tree, the fine will not exceed $5,000 per tree or the appraised value of each such tree, whichever amount is higher.