TreeOrd OM 12 Tree Ord Pdf
User Manual: OM - 12
Open the PDF directly: View PDF 
.
Page Count: 15
Placer County Code, Article 12.16
TREE PRESERVATION GENERALLY
Sections:
12.16.010 Purpose and intent.
12.16.020 Definitions.
12.16.030 General county-wide requirements.
12.16.040 Tree preservation zones.
12.16.050 Exemptions.
12.16.060 Tree permit required.
12.16.070 Tree permit applications—Review methodology.
12.16.080 Replacement program and penalties.
12.16.090 Administrative remedies.
12.16.100 Review of ordinance.
12.16.010 Purpose and intent.
For centuries native oak trees have existed as dominant and magnificent features of the landscape
of the Sierra Foothill region. Over the years trees have been cleared to accommodate agriculture, burned
as firewood and removed to facilitate development. Only a portion of the original oak woodland forest
remains today. The removal of oak and other native trees continues to the present time and occurs at a
much faster pace than natural revegetation in areas of development.
Trees are key elements in our living system, the boundaries of which do not conform to the
arbitrary property lines of individual lots and parcels, and upon which the continued health and welfare of
this community depends. It is acknowledged that the preservation of trees enhances the natural scenic
beauty, improves air quality, water quality, reduces soil erosion, preserves significant natural heritage
values, preserves wildlife habitat, and helps to reduce energy consumption for air cooling by providing
shade. Trees in a community or neighborhood also provide a sense of identity and tradition, and they
enhance property values which encourages higher quality development.
As development of vacant land occurs, loss of some tree cover may be unavoidable. However, it is
the county’s intent to reduce the loss of trees to reasonably acceptable levels while at the same time
providing for fuel reduction and fire prevention activities to protect the residents of the county from such
catastrophic losses than can occur. Therefore, it has become necessary for an ordinance to be established
to preserve and protect the remaining native oak and other species of trees within Placer County. The
spirit of this article is to encourage an atmosphere of mutual cooperation between members of the
development community, private citizens, and county officials in attempting to retain tree cover within the
county. Furthermore, the article is to provide for educational programs and materials to promote an
awareness of the value of trees, and provide information to the public relating to the care, maintenance,
and planting of trees.
Thus, it shall be the policy of this county to preserve trees wherever feasible, through the review
of all proposed development activities where trees are present on either public or private property, while
at the same time recognizing individual rights to develop private property in a reasonable manner. In the
spirit of reasonableness this article does not categorically prohibit tree removal and contains numerous
exemptions for specific types of activities. It is also recognized, that due to the extremely diverse terrain
and vegetation within the county, different policies may be applicable to specific areas of the county.
(Prior code § 36.100)
12.16.020 Definitions.
The following words are defined for purposes of this article as follows:
“Approving body” means one of the following depending on the nature of the application: board
of supervisors, planning commission, board of zoning appeals, zoning administrator, design/site review
committee, planning director, or county arborist (under the authority of the planning director).
“Arborist” means an individual certified as an arborist
by an the International Society of Arboriculture (ISA).
“Arborist report” means a report prepared by an arborist or registered professional forester
containing specific information on the location, condition, potential impacts of development,
recommended actions and mitigation measures regarding one or more trees on an individual lot or project
site.
“Canopy trees” means a group of trees typically found along roadways which form a canopy over
the roadway. By adoption of a resolution, the board of supervisors shall have the authority to protect
specific canopy tree areas as landmark trees.
“Certification letter” means a concluding statement by an arborist stating that work that was
performed was observed by an arborist and complies with the conditions of the discretionary project, the
arborist report, the tree permit and this article.
“Commercial wood cutting” means cutting trees for fuelwood purposes producing in excess of two
cords (two hundred fifty-six (256) ft.) of wood for sale or profit in any one-year period.
“County arborist” means a person employed by or chosen and retained by the county to review,
evaluate and prepare reports and requests to remove and/or relocate protected trees. In performing his or
her duties and responsibilities, the county arborist may conduct field inspections independently or in the
company of county employees and/or other arborists.
“Cutting” means the detaching or separating of any limb, branch or root from a tree.
“Dead tree” means a tree that does not contain any live tissue, i.e., green leaves or live limbs.
“Deadwood” means limbs or branches that contain no green leaves or live limbs.
“Deadwooding” means the act of removing deadwood.
“Development activity” means any activity within the protected zone of a tree, which could impact
the health of a tree or landmark tree, including but not limited to cutting, grading, irrigating and trenching.
“Diameter at breast height” means the diameter of a tree measured at four and one-half feet above
ground level on the high side of the tree. The diameter may be calculated by use of the following formula:
DBH = circumference at breast height divided by 3.142.
“Discretionary project” means any nonministerial development project that must be approved by
either the: board of supervisors, planning commission, board of zoning appeals, parcel review committee,
design/site review committee or zoning administrator. Discretionary projects include, but are not limited
to: conditional use permits, parcel maps, rezoning, design reviews, subdivision maps, or variances.
(Discretionary projects do not include issuance of building permits, business licenses, or similar
ministerial actions.)
“Drip line” means the outermost edge of a tree’s canopy as measured at the time of application for
a tree permit. When depicted on a map, the dripline will appear as an irregular-shaped circle that follows
the contour of the tree’s branches as seen from overhead.
“Dying/unhealthy tree” means any tree certified by an arborist or registered professional forester
as being unhealthy or dying.
“Encroachment” means any development activity conducted within the protected zone of a
protected or preserved tree.
“Grading” means the movement of any soil or earth material within the protected zone or
protected or preserved trees.
“Irrigation” means transfer of water to a site by artificial means.
“Landmark tree” means a tree or grove of trees designated by resolution of the board of
supervisors to be of historical or cultural value, an outstanding specimen, an unusual species and/or of
significant community benefit. Notwithstanding any other provision of this section, a tree that is not
native to California may be designated as a landmark tree. (Note: A list of culturally significant or
landmark trees [i.e., palms, along English Colony Road, oak canopy tree areas, Deodar cedars on
Highway 49, major heritage oak trees, etc.] shall be prepared by the county parks division as a beginning
list of “Landmark Trees.”)
“Minor tree permit” means an authorization by the planning department authorizing specifically
identified work or development activities to be performed within the protected zone of a protected tree.
(Note: Minor tree permits are only issued for single family residential lots and other specific projects as
determined by the planning director. For discretionary projects, approval or denial of tree removal is part
of that discretionary action.)
“Native ground surface fabric” means the layer of topsoil, humus, and vegetation that comprises
the native ground surface.
“Oak tree information packet” means a package containing certain documents which must be
distributed to property owners whose lots contain native oak trees.
“Preserved tree” means a tree that has been established as one to be saved through the tree permit
or discretionary project approval process.
“Protected tree” means any tree, including a landmark tree, for which a tree permit is required
prior to any removal or development activity being conducted within the protected zone.
“Protected zone” means a circle, the radius of which is equal to the largest radius of a protected
tree’s dripline plus one foot.
“Public land” means all land owned or controlled by public entity.
“Registered professional forester” means a person who holds a valid license as a professional
forester pursuant to Article III, Chapter 2, Division I, of the Public Resources Code.
“Removal” means the physical removal of a tree.
“Riparian zone” means any area within fifty (50) feet from the centerline of a seasonal creek or
stream, any area one hundred (100) feet from the centerline of a year round creek, stream, or river, and
any area within one hundred (100) feet from the shoreline of a pond, lake or reservoir. At a minimum all
streams, creeks, ponds, lakes, and reservoirs as shown on 7.5 minute USGS maps are included in this
definition. (A riparian zone established in specific community or general plan may supersede this
definition.) (Note: All trees regardless of size within riparian areas within the tree preservation zones and
as a part of any discretionary project county-wide are subject to this article.)
“Routine maintenance” means actions taken for the continued health of a protected tree including
but not limited to: deadwooding, mowing grass close to a tree, and application of insecticides and
pesticides.
“Single-family dwelling” means a building designed for and/or occupied as a residence by one
family.
“Site planning meeting” means an on-site meeting with the owners, developer and his or her
contractors, and/or engineers; the arborist; and county representatives to delineate special procedures,
limits of work, lines of authority and special conditions or procedures not specifically covered by
ordinance.
“Tree” means a tall woody plant native to California, with a single main stem or trunk at least six
inches dbh, or a multiple trunk with an aggregate of at least ten (10) inches dbh. (Note: Digger pines are
exempt from this article. Also, see “riparian zone” definition.) Certain plants which are more commonly
found as “brush”, such as manzanita, are not considered to be a tree in this article regardless of size. (Ord.
5041-B §§ 1, 2, 2000; prior code §§ 36.210—36.282)
12.16.030 General county-wide requirements.
A. This article is applicable to all native, landmark trees, riparian zone trees, and certain
commercial firewood operations, except as exempted.
B. Riparian Zone Requirements.
1. Within any riparian zone, in all areas of the county in conjunction with any discretionary
project and in any tree preservation zone for all development activity, compliance with this article for any
development activity in the protected zone of a protected tree shall be required.
2. No tree permit or discretionary approval for any development activity within a riparian
zone shall be approved until environmental impacts within the riparian zone are identified, an
environmental determination is made and the mitigation measures identified (Chapter 18, Placer County
Code). Additionally, no development activity shall be permitted until any stream alteration agreement or
mitigation agreements required by the California Department of Fish and Game have been completed.
3. Advisory Comment. This is not a categorical prohibition on any tree removal within a
riparian zone but rather a requirement for review of proposed development activity and approval of a tree
permit or discretionary project prior to such disturbance occurring.
C. Commercial Firewood Cutting.
1. Licensing Required. Fuel wood production is considered commercial when a party cuts
firewood for sale or profit. A commercial operator shall be required to hold a Class A or B timber
operator’s license pursuant to the laws of the state of California and have attended the training seminar
offered by the California Division of Forestry pertaining to proper forest management techniques.
2. Permit Required. A tree permit shall be required for commercial firewood cutting of any
size or type of tree in all areas of the county west of the Foresthill general plan area (see map available in
the planning office) when the amount of wood taken from any given site exceeds two cords or two
hundred fifty-six (256) cubic feet of wood within a one year period. In reviewing a permit application, the
planning department will consider the following:
a. Whether the trees to be removed would have a significant negative environmental impact.
b. That the proposed removal will not result in clear-cutting, but will result in thinning or
stand improvement.
c. Whether replanting is necessary to insure adequate regeneration.
d. Whether the removal would create the potential for soil erosion.
e. Whether any other limitations or conditions should be imposed in accordance with sound
tree management practices.
f. Evaluate the resulting canopy cover.
D. Removal of More Than Fifty Percent of Trees. Except for developed, single-family
residential lots that cannot be subdivided, the removal of more than fifty (50) percent of existing native
trees, six inches dbh or greater, shall be subject to the issuance of a tree permit. Failure to obtain a permit
prior to the removal of more than fifty (50) percent of the existing native trees in these areas may result in
the denial or deferral of any application for development of that property for a period of up to ten (10)
years.
E. The provisions of this article apply to all projects where discretionary permit approvals are
required by the county provided, however, no landmark tree may be removed without obtaining a tree
permit pursuant to Section 12.16.060. Except for subsection C, a landmark tree is not subject to the
exemptions set forth in Section 12.16.050. (Ord. 5041-B § 3, 2000: prior code § 36.321)
12.16.040 Tree preservation zones.
Except as exempt, and as noted in Section 12.16.030, the provisions of this article are applicable
to discretionary projects and to the following areas of the county: Dry Creek-West Placer community
plan, Granite Bay community plan, portions of the Loomis Basin general plan, and the Auburn-Bowman
community plan (see tree preservation zone map, available in the planning office). Also, see county-wide
restrictions for riparian zones, commercial firewood cutting, restrictions for removal of more than fifty
(50) percent of trees, and where discretionary permits are required. (Prior code § 36.320)
12.16.050 Exemptions.
A tree permit is not required for the removal of a protected tree under the following circumstances:
(Except for subsection C, a landmark tree is not subject to the exemptions set forth below.)
A. Trees damaged and determined to be of immediate danger to either people or site
improvements by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters. Upon
discovery of a condition justifying removal, the planning department should be notified as soon as
possible of the condition and action taken.
B. Tree removal necessary to comply with CDF fire safety regulations (i.e., clearing around
homes) or tree removal undertaken as a part of a fuel reduction/fire safety/fire protection program in
conformance with commonly accepted CDF policies.
C. When removal is determined to be necessary by fire department personnel actively
engaged in fighting a fire.
D. When compliance would interfere with activities of a public utility necessary to comply
with applicable safety regulations and/or necessary to repair or avoid the interruption of services provided
by such a utility. Routine repair and maintenance of utilities would be exempt; new construction projects
(i.e., the installation of high power, transmission line corridor) are subject to review.
E. Trees (1) that have been identified by an arborist, forester, or county arborist/licensed
landscape architect as “dying” or “unhealthy,” (2) dead trees or (3) trees that are in a hazardous condition
presenting an immediate danger to health and property.
F. Lots designated for commercial tree removal (i.e., Christmas tree farms, approved timber
harvest plans, timber preserve zoned lands, approved logging operations, etc. (Note: Does not include
commercial firewood cutting unless specifically exempt by state or federal permits and Eucalyptus or
Poplar firewood plantations.)
G. Bona fide active agricultural uses as defined by the county agricultural commissioner are
exempt, except commercial cutting of firewood, and development activity within a riparian zone are not
exempt. (Also, see county-wide requirements, Section 12.16.030.) (Ord. 5041-B § 4, 2000: prior code
§ 36.330)
12.16.060 Tree permit required.
Except as provided under “exemptions,” no person, firm, corporation or county agency shall
conduct any development activities within the protected zone of any protected tree on public or private
land, or harm, destroy, kill or remove any protected tree unless authorized by a tree permit or as permitted
pursuant to approval of a discretionary project. A minor tree permit may also be issued “in the field” by
the county arborist, thus eliminating the need for an individual to apply in person at the planning
department. Tree removal shall also be reviewed as a part of discretionary project review. This type of
review is primarily for commercial projects, industrial projects, major subdivisions, public projects, or
other projects that are also associated with a discretionary permit. This type of review is completed
concurrently with the discretionary permit and requires more detailed information than a minor tree
permit (see below).
A. Minor Tree Permit. (i.e., issued for single-family residential lots and projects where no
other discretionary permits are required, etc.) Any person desiring to conduct any development activity or
remove one or more protected trees, where such development activity or removal is not associated with a
discretionary project, shall make application to the planning department for a minor tree permit not less
than ten (10) days prior to the date the applicant wishes to conduct the development activity. Said
application shall contain:
1. A brief statement of the reasons for the development activity;
2. Written consent of the owner of record of the land on which the proposed development
activity is to occur;
3. If necessary, an arborist’s report relating to the tree(s) in question; and
4. Other pertinent information as deemed necessary by the planning department or county
arborist;
5. Violations that occur with minor tree permits may be required to submit information equal
to that normally required for discretionary projects (as listed in subsection B of this section);
6. The required filing fee of twenty-five dollars ($25.00).
Note: A minor tree permit may be issued for the purpose of maintaining existing trees in a healthy
condition on land that may be developed in conjunction with a discretionary project.
B. Tree removal associated with a discretionary project (i.e., permits issued for subdivisions,
commercial, and industrial projects, etc.). Any person desiring to conduct a development activity within
the protected zone of a protected tree pursuant to a discretionary project shall submit the following
information as a part of the application for the discretionary project:
1. Justification Statement. A written statement by the applicant or an arborist stating the
justification for the requested development activity. Statements should establish how any remaining
protected trees in the vicinity of the project or construction site will be protected and that any construction
or use will be done with approved preservation methods.
2. Site Plan Map. A site plan map shall include the following information:
a. Physical Characteristics. The body of the map should accurately portray the following
existing and proposed features:
i. Property lines;
ii. Streets, access easements and/or public or private driveways and other paved areas;
iii. Buildings or structures;
iv. Setbacks of all buildings and structures from property lines;
v. Parking and other paved areas;
vi. Land uses on parcel (existing and proposed as applicable);
vii. Proposed grading and construction - including utilities, if available;
viii. Proposed building envelopes.
b. Tree Locations. All protected trees within fifty (50) feet of any development activity,
including future homesites in subdivisions located on the property, must be depicted on the site plan map.
Additionally, the site plan map shall indicate the exact location of the base and dripline for all protected
trees within the project areas. A survey of the exact location(s) of the protected tree(s) shall be conducted
by a California professional engineer or California professional land surveyor. The tree number(s) shall be
shown on both the site plan and grading plan. The base elevation of each protected tree shall be shown on
the grading plan. Certain projects, as required by the approving body, may be required to submit a current
aerial photograph of the site (i.e., parcels with high density trees). (Note: Applications with high density
of trees or other special circumstance may request a waiver or modification to tree location requirements.)
c. Protected Zone of Protected Tree(s). The exact location of the protected zone of a
protected tree is crucial in order to evaluate any impacts resulting from construction. Consequently, rough
approximations will not be acceptable. In certain cases, it may be required to physically stake the
surveyed corners of building(s) or related improvements in the field in order to assess the potential
impacts upon the trees.
3. Arborist Report. See definition in Section 12.16.020.
4. Filing Fee. A surcharge of fifty dollars ($50.00) shall be added to all discretionary permits
subject to the requirements of this article. (Prior code § 36.400)
12.16.070 Tree permit applications—Review methodology.
A. General.
1. Evaluation of development activity associated with a discretionary project shall be the sole
responsibility of the approving body approving the project. After occupancy has been granted or a notice
of completion filed, the planning director shall assume responsibility for ensuring continuing compliance.
2. Exception. Requests for encroachments of up to twenty (20) percent of the protected zone
of a protected tree may be processed by the planning director. In cases where requests for encroachments
are denied by the planning director, the applicant shall have the right to appeal to the board of zoning
appeals. Appeal must be made in writing within ten (10) days and accompanied by the appropriate appeal
fee.
3. Tree permits shall not be issued for parking or storing of vehicles, trailers, equipment,
construction materials or temporary structures within the protected zone of a protected tree.
B. Application Review. Upon receipt of an application for a tree permit, the planning
department shall review the application for accuracy and completeness and make an inspection of the
project site. If the application is incomplete, it will be returned to the applicant and no action will be taken
until all of the required information has been received by the county.
C. Environmental Determination. An environmental determination may be required pursuant
to the California Environmental Quality Act. The issuance of a minor tree permit shall be exempt from
environmental review when it is related to an activity listed in Section 18.36.050 of this code.
D. Approval.
1. In passing judgment upon permits or applications required pursuant to the provisions of
this chapter, the approving body may impose such reasonable conditions of approval as are necessary to
protect the health of the protected tree, the public and the surrounding property or environmental features.
2. An approved minor tree permit shall be valid for a period of six months from the date of
issuance. An extension of time may be granted by the planning director for a period of up to an additional
six months. Approval of tree removal associated with discretionary projects shall be valid only as long as
the approval for the discretionary project is valid.
3. The applicant shall have the minor tree permit and a copy of the conditions of approval
imposed by the approving body at the construction site. For discretionary projects, a copy of the
conditions of approval shall be kept on-site during the construction phase of the subject.
4. For trees designated to be saved within fifty (50) feet of any development activity, or as
recommended by the arborist, or as required by the approving body, a minimum four-foot tall brightly
colored synthetic fence shall be installed at the outermost edge of the protected zone of each protected
tree or groups of protected trees. The fence shall not be removed until written authorization is received
from the planning director. Exceptions to this policy may occur in cases where protected trees are located
on slopes that will not be graded. However, approval must be obtained from the planning department to
omit fences in any area of the project. The fences must be installed in accordance with the approved
fencing plan prior to the commencement of any grading operations or such other time as described by the
approving body. The developer shall call the planning department for an inspection of the fencing prior to
initiation of grading operations.
For discretionary projects, signs must be installed on the fence in four locations (equidistant)
around each individual protected tree. The size of each sign must be a minimum of two feet by two feet
and must contain the following language:
“WARNING THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT
WRITTEN AUTHORIZATION FROM PLACER COUNTY”
On fencing around a grove of protected trees, the signs shall be placed at approximately fifty (50)
foot ) intervals.
5. For discretionary projects, once approval has been obtained, the fences must remain in
place throughout the entire construction period and may not be removed without obtaining written
authorization from the planning department.
6. For discretionary projects, (single-family residences exempt) a ten thousand dollar
($10,000.00) deposit (or an amount deemed necessary by the approving body based upon the size and
scale of the project in relation to the tree removal/tree protection to be required) may be required to be
posted and maintained to insure the preservation of protected trees during construction. The deposit shall
be in the form of a certificate of deposit, cash deposit, or letter of credit from a bank, and shall be posted
prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each
violation of any tree permit condition regarding tree preservation shall result in forfeiture of a portion or
the entirety of the deposit, at the discretion of the approving body in addition to other applicable penalties.
Appeals may be made pursuant to the procedure outlined in this article.
7. In cases where a tree permit has been approved for construction of a retaining wall(s)
within the protected zone of a protected tree, the applicant will be required to provide for immediate
protection of exposed roots from moisture loss during the time prior to completion of the wall. The
retaining wall should be constructed within seventy-two (72) hours after completion of grading.
8. If approved, preservation devices such as aeration systems, oak tree walls, drains, special
paving and cabling systems must be installed per approved plans and certified by the developer’s arborist.
9. For discretionary projects, certification letters are required for all development activity
conducted within the protected zone of protected trees. The developer’s arborist will be required to submit
a certification letter to the planning department within five working days of completion of such
development activity attesting that all of the work was conducted in accordance with the appropriate
permits and the requirements of this article.
10. The following information, if applicable, must be located on-site:
a. Arborist’s report and all future modifications.
b. Tree location map with a copy of the tree fencing plan.
c. Tree permit and inspection card.
d. Approved construction plans.
e. Tree preservation guidelines.
f. Approved planting and irrigation drawings.
E. Denial and Appeal.
1. If an application for a tree permit is denied, the approving body shall provide written
notification, including the reasons for denial, to the applicant.
2. Appeal of a decision made by an approving body shall be made as provided in Section
1400 of the Placer County Zoning Ordinance.
3. All appeals must be made in writing within ten (10) calendar days of the denial stating the
facts and grounds of appeal and accompanied by the appropriate appeal fee. Denials issued by the arborist
may be appealed to the planning director within ten (10) days without paying an appeal fee.
F. Tree Permit Construction Phase.
1. All work conducted within the protected zone of any protected tree shall be performed as
required by this article and as required in project approval.
2. For Discretionary Projects, as a part of the application, the developer will be required to
submit a utility trenching-pathway plan for approval following approval of the project improvement
plans. The trenching-pathway plan shall depict all of the following systems: storm drains, sewers,
easements, water mains, area drains, and underground utilities. Except in lot sale subdivisions, the
trenching-pathway plan must show all lateral lines serving buildings. To be completely effective, the
trenching-pathway plan must include the surveyed locations of all protected trees on the project as well as
an accurate plotting of the protected zone of each protected tree.
The trenching-pathway plan shall be developed considering the following general guidelines:
a. The trenching-pathway plan must be developed to avoid going into the protected zone of
any protected tree on its path from the street to building.
b. Where it is impossible to avoid encroachment, the design must minimize the extent of such
encroachment. Encroachments and mitigation measures must be addressed in a supplemental arborist’s
report.
3. Certification of Tree Work. All of the tree preservation measures required by the
conditions of the discretionary project approval, the arborist’s report and the tree permit, as applicable,
shall be completed and certified by the developer’s arborist prior to issuing an occupancy permit.
G. Information to be Included in Arborist Report.
1. Botanical name of tree(s) by tree number.
2. Common name of tree(s) by tree number.
3. Location of tree(s) by tree number.
4. Diameter at breast height (DBH) by tree number.
5. Height by tree number (optional).
6. Dripline radius by tree number (measure longest radius).
7. Condition by Tree Number. The condition of each tree is to be considered when
determining a tree’s rating system:
a. Excellent (It is rare that a tree qualifies in this category.)
b. Good.
c. Fair to good.
d. Fair.
e. Fair to poor.
f. Poor.
8. Recommendations by Tree Number. Based upon the conditions and findings,
recommendations should be made that logically follow the report conditions. For instance, if weak
crotches are reported, cabling would be a logical recommendation to include in the report. These
recommended mitigative measures should be spelled out and in some cases may even improve the tree’s
condition ratings.
9. Specific and general information about preservation measures to be taken for each tree not
being removed. (Prior code § 36.500)
12.16.080 Replacement program and penalties.
A. The approving body may condition any tree permit or discretionary approval involving
removal of a protected tree upon the replacement of trees in kind. The replacement requirement may be
calculated based upon an inch for an inch replacement of the removed tree(s) and may require minimum
fifteen (15) gallon size trees. The total of replacement trees may be required to have a combined diameter
of the tree(s) removed. A minimum of fifty (50) percent of replacement trees shall be of a similar native
tree. Replacement trees may be planted on-site or in other areas to the satisfaction of the planning
department. Such replanting must not result in the over-planting of a site such that an unsafe fire
condition is created.
B. The approving body may, instead of requiring replacement trees, require implementation
of a revegetation plan. The county will require the developer to enter into a written agreement with the
county obligating the developer to comply with the requirements of the revegetation program. A security
deposit shall be required to insure that the agreement is fulfilled. The revegetation program may include
the propagation of native oak trees from seed or saplings using currently accepted methods.
C. The approving body may decide that if the project site is not capable of supporting all of
the replacement trees, the applicant shall pay to Placer County the current market value, as established by
an arborist, forester, or registered landscape architect, of the replacement trees, including cost of
installation, to go into a tree preservation fund (see subsection I of this section).
D. In addition, any protected or preserved tree shall not be damaged during construction. A
penalty, payable to the county, in the amount of fifty dollars ($50.00) per scar will be required. If
necessary, an arborist report may be required to be filed by the applicant to determine the extent of
damage.
E. Any person, firm, or corporation that does not apply for a tree permit prior to removal of
protected trees, and where no security deposit has been posted, shall replace trees as noted in subsection
A, B, or C of this section, in addition to paying a fine of the current market value of the replacement trees.
F. Any person, firm, or corporation that removes or destroys any tree or trees that have been
designated to be saved by an approving body shall be fined up to three times the current market value of
the replacement trees and the cost of replacement, and/or replace up to three times the number of trees
required by this article.
G. Except as provided in this article, if trees are removed without prior approval of an
approving body, the approving body may choose to deny or defer approval of any application for
development of that property for a period of up to five years.
H. The Board of Supervisors may consider the rezoning of a parcel or parcels of land on
which a violation of this article has occurred.
I. Tree Preservation Fund. A tree preservation fund is established for Placer County. The
moneys received in lieu of replacement of illegally removed or damaged trees shall be forwarded to the
county treasurer for deposit in the tree preservation fund. Under no circumstances shall the funds
collected by the county treasurer for deposit into the tree preservation fund be directed to any other fund
to be used for any other purposes other than the planting of or maintenance of trees on publicly owned
property, easements of rights-of-way, or used for educational programs or materials. A certain percentage
of the fund (as determined by the board of supervisors) may be used for enforcement of the article and/or
land acquisition.
J. A violation of this article shall be punishable as a misdemeanor or an infraction at the
discretion of the county counsel and/or the district attorney.
K. Survivability.
1. Any person, firm or corporation that is required to replant, relocate or revegetate as a
condition of his or her tree permit or discretionary project approval will be required to provide appropriate
irrigation and maintenance for the trees. To assure survivability, a maintenance agreement shall be entered
into and a deposit established by the approving body, not greater than the replacement costs, shall be
posted with the county. The deposit shall be retained until the county arborist certifies the conditions of
the tree permit are satisfied. After three years, an arborist or forester employed by the developer will
identify to the county the condition of the replanted trees or revegetated area.
2. Any five gallon size tree or greater that was replanted or relocated that is dead after three
years, must be replaced in kind with equal sized healthy replacements. Revegetated areas or areas where
trees smaller than five gallon size were replanted must have at least seventy-five (75) percent of the trees
still alive after three years.
3. Failure to provide adequate irrigation and maintenance for the replanted or relocated trees,
or the revegetated areas, or the failure to replace trees which have not survived, will result in forfeiture of
all or part of the survivability deposit. (Prior code § 36.600)
12.16.090 Administrative remedies.
A. Suspension, Revocation and Restoration. In addition to any other penalties allowed by this
code, the approving body may suspend any tree permit for a discretionary project upon a finding at a
public hearing that a violation of conditions of approval has occurred.
B. Appeal. Appeal may be made directly to the planning department, within ten (10) days of
imposition of conditions. An appeal shall state the facts and grounds of appeal and shall be accompanied
by the appropriate appeal fee. Appeals shall be subject to the provisions set forth in Section 1400 of the
Placer County Zoning Ordinance.
C. Stop Work Orders. Whenever any construction or work is being performed contrary to the
provisions of this article or conditions of the appropriate discretionary project, the planning director may
issue a written notice to the responsible party to stop work on the project on which the violation has
occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to
the trees. No work shall be allowed until the violation has been rectified and approved by the planning
department or the county’s arborist.
D. Public Education. It is recognized that the loss of native oaks is, in part, a result of the lack
of public awareness on oak tree preservation. In order to heighten public awareness on this subject, the
following programs shall be established as a part of this article.
1. A minimum of ten (10) percent of the funds collected in the tree preservation fund shall be
used to promote and establish educational programs, and develop educational materials. Examples would
be:
a. Educational materials to be handed out with building permits and to be made available to
the general public (i.e., brochures on development near native oak trees).
b. Promoting elementary and secondary school programs on native oak trees (i.e., acorn or
tree planting programs).
c. Funding to pay for brochure inserts into local newspapers for general public distribution.
2. Developers or sellers of lots within major subdivisions shall be required to distribute
educational material to buyers at the closing of escrow.
3. The county shall, as a condition of all major subdivisions, require that CC & R’s have
restrictions which protect native oaks that are designated to be saved (i.e., limited watering around oaks,
etc.). (Prior code § 36.700)
12.16.100 Review of ordinance.
After one year of implementation of this article the county shall conduct a review to identify areas
of concern, deficiencies, administration difficulties, etc., and report to the board of supervisors. The
board, at that time, may consider any recommended changes or improvements necessary. (Prior code
§ 36.800)
Article 12.20
TREE PRESERVATION IN AREA
EAST OF SIERRA SUMMIT
Sections:
12.20.010 Findings.
12.20.020 General provisions.
12.20.030 Definitions.
12.20.040 Permit procedure.
12.20.050 Standards for tree cutting and issuance and revocation of permits.
12.20.060 Removal of diseased or hazardous trees.
12.20.070 Authority to stop work.
12.20.080 Variances.
12.20.090 Exemptions.
12.20.100 Violation constitutes a misdemeanor.
12.20.010 Findings.
The governing body of the county of Placer finds that in order to prevent the wanton and
unnecessary cutting of healthy trees in the developed and developable areas of the area east of the Sierra
summit, to provide for the conservation of as many healthy trees in the area east of the Sierra summit as
possible consonant with permissible development, to provide for the control of disease and insect
infestation in the area east of the Sierra summit, and in order to effectuate the adopted regional plan, it is
necessary to adopt the ordinance codified in this article establishing minimum standards and providing
regulations governing the preservation of trees on land devoted or to be devoted primarily to uses other
than the commercial harvesting of timber in the Tahoe Basin, providing for the issuance of permits,
providing for minimum standards and conditions of approval of permits including restrictions on
attachment of appurtenances, providing for removal of diseased, infested or hazardous trees, providing for
variances, providing for stop orders, providing that violations of the provisions of this ordinance shall
constitute a misdemeanor, and providing for other matters properly relating thereto. (Prior code § 20.1)
12.20.020 General provisions.
A. Compliance. The cutting, moving, removing, killing, or materially damaging of live trees
six inches d.b.h. or over, the removal of disease-infested and hazardous trees, and the attachment of
appurtenances to trees shall be in compliance with the terms of this article, and permits respecting the
same shall be granted or denied in conformity with the provisions of this article, provided, however, that
this article shall not apply to lands devoted to the growing and harvesting of timber for commercial
purposes for which permits have been granted permitting timber harvesting. All such tree cutting shall
also conform to the provisions of all other agency ordinances, rules, regulations, and policies.
B. The provisions of this article establish the minimum standards applicable in Ranges 15, 16,
and 17 East.
C. Interpretation and Severability. The provisions of this article shall be liberally construed to
effectuate their purposes. If any section, clause, provision, or portion of this article is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be
affected thereby.
D. Short Title. This article may be cited and referred to as the tree conservation ordinance.
(Prior code § 20.5)
12.20.030 Definitions.
For the purposes of this article, certain terms or words used herein shall be interpreted as follows:
words in the present tense include the future; words in the singular number include the plural number, and
words in the plural number include the singular number. The word “shall” is mandatory, not permissive,
unless the context indicates that a directory meaning is intended.
“Agency” means the county of Placer.
“d.b.h.” means diameter at breast height; the diameter of a tree measured at four and one-half feet
above the ground on the high side of the tree. Circumference of nineteen (19) inches at dbh may be treated
as the equivalent of six inches dbh.
“Grading ordinance” means the county of Placer grading ordinance.
“Lands devoted to the growing and harvesting of timber for commercial purposes” means such
lands that are devoted principally to the production of raw material for the forest products industry, or for
silvicultural purposes including Christmas tree harvest, but not including lands undergoing land use
conversion or lands where timber is cut for fuel purposes.
“Land use conversion” means the conversion to other uses of timberland as defined by statutes and
regulations of California and Nevada and for which a timberland conversion certificate or approval is
required by such statutes or regulations.
“Land use ordinance” means the Placer county zoning ordinance.
“Permit-issuing authority” means the county of Placer department of public works.
“Person” means an individual, partnership, corporation, business association, or group of
individuals, and any governmental entity.
“Subdivision ordinance” means the county of Placer subdivision ordinance. (Prior code § 20.10)
12.20.040 Permit procedure.
A. When Required. No person shall cut down, move, remove, kill, or materially damage any
live tree six inches dbh or over, or attach any appurtenance to a tree, without first having obtained a tree
cutting permit from the permit-issuing authority, unless such tree is located on lands devoted to the
growing and harvesting of timber for commercial purposes for which permits have been granted
permitting timber harvesting. Such permit shall be unnecessary for the removal of trees proposed to be
removed as approved in connection with the approval by the agency of a tentative map under the
subdivision ordinance, except where such subdivision involves a land use conversion, or for the removal
of trees as permitted under a permit issued pursuant to the grading ordinance, provided, however, that the
standards contained in this article shall also be applicable to the approval of a tentative and final
subdivision map and to the issuance of a grading permit.
B. Application Form. Applications required by this article shall be made as provided by the
applicable provisions of the rules and regulations of practice and procedure of the agency and rules and
procedures of the permit-issuing authority.
C. Information Report.
1. All Applications. All applicants for tree cutting permits shall file a report with the permit-
issuing authority that states:
a. The name, address, and the phone number of the applicant, and the owner of record of the
land on which the tree cutting is proposed;
b. The consent of the owner of record of such land, if such owner is a person other than such
applicant;
c. The location of the land on which the cutting is proposed;
d. The purpose of such tree cutting;
e. The dates on which cutting and removal operations will take place;
f. A drawing acceptable to the permit-issuing authority at a scale adequate to show the
height, species, dbh, and location of all trees on the site over six inches dbh proposed to be cut, and a
drawing or sketch indicating the general location, characteristics and densities of trees proposed to be left
on the site.
2. Applications Involving Land Use Conversions. Applicants for tree cutting permits, where
the purpose of such tree cutting is to accomplish a land use conversion, in addition to the information
required pursuant to subsection (C)(1) of this section, shall submit:
a. A detailed statement describing how the standards and criteria of Section 12.20.050 shall
be satisfied;
b. A copy of the document approving the land use conversion issued by the applicable State
Division of Forestry;
c. In lieu of the drawing required by subsection (C)(1)(f) of this section, a map acceptable to
the permit-issuing authority at a scale adequate to show the location of proposed and existing buildings
and driveways, the location of proposed utility trenches, and the height, species, dbh, and location of all
tree over six inches dbh proposed to be cut, and a drawing or sketch indicating the general location,
characteristics and densities of trees proposed to be left and planted on the site, provided, however, in the
case of a subdivision, such information may be contained in the tentative map and the vegetation
preservation and protection plan as required by the subdivision ordinance. (Prior code § 20.15)
12.20.050 Standards for tree cutting and issuance and revocation of permits.
A. Permit Duration. All tree cutting authorized by a tree cutting permit shall be completed
within the length of time specified by the permit-issuing authority, not to exceed ninety (90) days.
B. Extension. An extension of the permit may be granted upon a showing by the permittee
that the work was delayed by reasons beyond the permitee’s control or that an extension will not increase
the risk of environmental damage caused by the tree cutting.
C. Permit Conditions. A tree cutting permit may be issued upon any conditions necessary to
assure compliance with the standards and criteria of this article and any other agency ordinance, rule,
regulation or policy, or any provision of the adopted regional plan.
D. Permit Card. A permit card issued to the permittee by the permit-issuing authority, and
stating any conditions of approval, shall be displayed by the permittee in a conspicuous place at the
cutting site, provided, however, that the tree cutting permit may be part of a building permit which is
displayed at the site.
E. Revocation of Permit. The permit-issuing authority shall revoke any permit whenever there
has been a false statement or representation in the application as to any material fact on which the permit
was based.
F. Minimum Standards and Conditions of Approval.
1. Existing healthy trees and native vegetation on the site shall be preserved in accordance
with standards contained in an agency-approved design manual, if any, and shall be protected by adequate
means during any construction.
2. Existing trees shall be preserved within any right-of-way when such trees are suitably
located, healthy, and when approved grading allows.
3. Appurtenances, except utility connections, such as television antennas, signs, and outdoor
lights shall not be attached to trees.
4. Tree cutting within the one hundred (100) year floodplain of a perennial or intermittent
stream shall be limited to cutting diseased or hazardous trees or to thinning needed to protect the health
and vigor of remaining trees.
5. Damage to trees not to be cut and to residual vegetation shall be avoided. Damaged trees
shall be repaired with tree sealer and any necessary tree surgery.
6. No tree shall be felled into a perennial or intermittent stream without specific approval of
the permit-issuing authority.
7. Any stump to be left in the ground shall be treated with approved chemicals or methods to
prevent the spread of forest tree diseases.
8. Ground skidding shall not be allowed.
9. Slash, debris, and nonmerchantable timber generated by the operation shall be disposed of
in the manner and to a location approved by the permit-issuing authority.
10. All tree removal sites shall be winterized before the end of the construction season, or
stabilized before the end of the construction season so as to prevent erosion and soil loss from the site.
11. In the case of land use conversion, approval shall be conditioned on compliance with all
requirements of the timberland conversion certificate issued by the appropriate State Division of Forestry.
(Prior code § 20.20)
12.20.060 Removal of diseased or hazardous trees.
A. The permit-issuing authority may determine, on the advice of the appropriate State
Division of Forestry, or other competent authority, that a tree or trees on private or public land is diseased,
insect infested, or hazardous to the public, and may declare such diseased, infested, or hazardous
condition to constitute a public nuisance. Upon making such a determination, the permit-issuing authority
or the agency shall, by written notice, notify the owner of the land on which the tree or trees is located of
the condition and of his duty to abate it within a specified period of time. If the owner refuses or fails to
respond within the time specified, the permit-issuing authority shall abate the nuisance and charge the
owner the cost, which shall be a lien on the owner’s property.
B. In cutting trees for land use conversion, all diseased, infested, or overmature trees shall be
removed prior to construction.
C. All diseased and bug-infested trees shall be treated prior to removal by approved methods
to prevent the spread of such disease or infestation. (Prior code § 20.25)
12.20.070 Authority to stop work.
A. Whenever any tree cutting or other activity regulated by this article is being done contrary
to the provisions of this article, rule, or regulation, or any other law, the permit-issuing authority or the
agency by its executive officer or designee may issue a written notice to the responsible party to stop
work on such tree cutting or other activity. The notice shall state the nature of the violation.
B. A notice to stop work as provided in subsection A of this section shall stay in effect until
revoked by the issuing authority, provided, however, that the party to whom the notice was issued may
obtain review of the action. Such review in the case of a notice to stop work issued by the permit-issuing
authority shall be as provided by such authority. (Prior code § 20.30)
12.20.080 Variances.
The permit-issuing authority may grant variances from the terms of this article only if it is found
that because of special circumstances applicable to the property involved a strict application deprives such
property of privileges enjoyed by other similarly situated property and the applicant shows that he cannot
make any reasonable use of the property if such regulations are applied. Where such conditions are found,
the variance permitted shall be the minimum departure from existing regulations necessary to avoid such
deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will
not create significant probabilities of harmful environmental consequences. In no case may a variance be
granted that will provide the applicant with any special privileges not enjoyed by other similarly regulated
properties. (Prior code § 20.35)
12.20.090 Exemptions.
The provisions of this article shall not be applicable to lands owned by the United States
Government, or to trees cut in emergencies involving lives or persons and public safety including the
suppression of wild fires. (Prior code § 20.40)
12.20.100 Violation constitutes a misdemeanor.
Violation of any provision of this article is punishable as provided in Article 1.24. (Prior code
§ 20.45)
