Hillsborough: every big tree is protected, removals go to a hearing, and disputes resolve on hazard and specification
What the Town protects (HMC Chapter 14.04)
- 18 inches cumulative DBH, any species, measured at 54 inches above natural grade, multi-trunk diameters added.
- Any size: street trees, Town-designated heritage trees, trees required by a development approval.
- Permit: required for removal; arborist report on the Town template by an ISA Certified Arborist or ASCA consulting arborist.
- Hearing: non-hazard removals before the ADRB at a noticed public hearing; hazard removals at staff level with a certified arborist's written opinion and Town-arborist verification.
- Pruning: no percentage rule; pruning or damage a Town-qualified arborist decides would permanently compromise the tree is treated as removal. Routine structural pruning to ISA A300 is normally not.
- Penalty: $150 per inch of trunk diameter or the ISA-appraised value, whichever is greater; misdemeanor; 36-inch box replacement within six months (14.04.060).
Full permit rules and the Town template →
Why this changes a neighbor dispute
- Removal is a public process. A neighbor who wants a tree gone has to persuade either the owner to apply and the ADRB to approve at a hearing, or establish a hazard. A complaint about leaves, roots or shade is neither.
- The hazard track is the lever. A documented hazard, with a certified arborist's written opinion that removal is needed within 30 days, moves the case to staff level and out of the hearing. That opinion is exactly what a neighbor's independent report can establish, or rule out.
- Self-help carries Town risk. With no percentage allowance, a cut on your side that a Town arborist later judges to have compromised the tree is "removal" at $150 an inch, on top of Booska liability. A written specification is the protection.
- Appraised value is the penalty floor. Hillsborough trees are large and the ISA-appraised value of a mature oak or redwood is substantial, which is also what Civil Code 3346 doubles if a neighbor cuts yours.
What disputes look like here
Large lots with large trees: coast live oaks, valley oaks, redwoods, Monterey pines and cypresses, eucalyptus windrows, many of them planted a century ago. The common calls are hazard (Monterey pines and cypresses past their lifespan over neighboring roofs), roots under pool decks and driveways, and limbs over a neighbor's structure after a storm. Shared driveways and boundary trees on old estate subdivisions are a Hillsborough specialty.
What the report does in Hillsborough
- Confirms ownership and that the tree is protected.
- Assesses hazard in plain professional terms, and where a hazard exists, supports the owner's staff-level hazard application through a UFG permit report on the Town template.
- Traces encroachment and states cause of any damage.
- Writes a pruning or root specification to ISA A300 that stays below what the Town would treat as removal.
- Cites the Civil Code and HMC 14.04.
Dispute Assessment Report, from $850. Start the report
Sources
- Hillsborough Municipal Code Title 14, Chapter 14.04 (Ord. 789, eff. July 1, 2023), via Urban Forestry Guide, Hillsborough tree permit (verified July 31, 2026; fees checked October 9, 2026).
- Town of Hillsborough Building & Planning, (650) 375-7411.
Questions people ask
Does Hillsborough have a view ordinance?
No. View disputes between neighbors in Hillsborough run on negotiation and the self-help rule; there is no claim to restore a view.
Which trees are protected?
Any species at 18 inches or more cumulative trunk diameter measured at 4.5 feet, multi-trunks added together, plus street trees, Town heritage trees and development-required trees at any size (HMC 14.04).
What does it take to remove one?
A permit with an arborist report on the Town's template. Non-hazard removals go to a noticed public hearing before the Architecture and Design Review Board; the FY 2026-27 fee is $1,076 planning review plus a $218 building permit. Hazard removals can be handled at staff level with a certified arborist's written opinion that removal is needed within 30 days, verified by a Town-qualified arborist; fee $682.
Can I prune a neighbor's protected tree on my side?
Overhang to the line, reasonably. Hillsborough has no percentage allowance; pruning a Town arborist decides would permanently compromise the tree counts as removal. Get a specification first and check with the Town before major pruning.
What is the penalty for unpermitted removal?
$150 per inch of trunk diameter or the ISA-appraised value, whichever is greater, plus a 36-inch box replacement within six months, and it is a misdemeanor (HMC 14.04.060).
When you need a lawyer instead of (or as well as) an arborist
Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →