Cameron Miranda
California has strict regulations governing tree removal, requiring permits for certain tree characteristics and species. Protected trees, such as redwoods, oaks, and pine species, are safeguarded under state law. The unauthorized removal of these protected trees can result in severe penalties, including fines and criminal charges. While there are no clear ordinances or regulations regarding encroaching trees, California Civil Code 833 and 834 state that trees whose trunks reside on the land of one owner belong to them exclusively, even if their roots or branches grow onto a neighbor's property. Additionally, the federal Bureau of Land Management aims to remove dead and dying trees from 35 California counties, prioritizing forest land near power lines, roads, private property, and recreational trails.
| Characteristics | Values |
|---|---|
| Dead tree removal | Required in many areas to prevent wildfires |
| Permission | A permit is needed to remove dead trees in many areas |
| Tree species | Some species, like oak, pine, and redwood, are protected under state law |
| Penalties | Unauthorized removal of protected trees can result in fines and criminal charges |
| Location | Requirements vary based on city or county |
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What You'll Learn
Dead trees pose a wildfire risk
Dead trees are often blamed for wildfires in California, with some sources claiming that they significantly heighten wildfire risk. However, others argue that dead trees are an essential part of the forest ecosystem and do not increase fire risk or size.
California has approximately 129 million dead trees spread across 8.9 million acres, according to the California Department of Forestry and Fire Protection spokesperson Heather Williams. This abundance of dead trees, coupled with hot and dry conditions, can create the perfect fuel for wildfires. In fact, the record number of dead trees in California has been cited as a contributing factor to the state's worst year on record for wildfires in 2018.
Dead trees can become kindling for errant sparks, fallen power lines, cigarette butts, and lightning strikes, accelerating the spread of fires. Removing dead and dying trees from private property is crucial for wildfire preparedness, especially in areas prone to dry and hot conditions. The federal Bureau of Land Management has expressed its intention to remove dead and dying trees from 35 California counties to reduce wildfire risks.
However, some sources refute the claim that dead trees are solely responsible for the wildfire crisis in California. They argue that nearly all of the state's most devastating fires have occurred far from any significant number of dead trees. Scientific studies have found that trees killed by drought and beetle infestations do not increase the risk or severity of wildfires. Instead, the severity and damage of wildfires are often attributed to human activity, such as people moving into high-risk areas, igniting blazes, and contributing to climate change.
While the role of dead trees in wildfires is debated, it is essential to take proactive measures to reduce wildfire risks. This may include removing dead trees from private property, implementing controlled burns, and practicing proper forest management techniques. By taking these steps, individuals and agencies can work together to mitigate the impact of wildfires in California.
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Permits are required for tree removal
In California, permits are required for tree removal in certain circumstances. The requirements for a permit vary depending on the city and the type of property.
In San Jose, for example, a permit is required to remove an ordinance-size tree on single-family or duplex lots, even if the tree is unhealthy or dead. On multifamily, commercial, or industrial lots, a permit is necessary to remove a tree of any size. The City of San Jose defines an ordinance-size tree on private property as a single-trunk tree with a circumference of 38 inches or more at 4.5 feet above the ground.
To obtain a permit, residents can visit the DOT's Street Trees and Permits webpage or contact the City Arborist. The City maintains a Heritage Tree List that identifies trees with special significance due to their size, history, unusual species, or unique qualities. It is illegal to prune or remove these heritage trees without first consulting the City Arborist and obtaining a permit, with potential fines of up to $30,000 per tree.
Additionally, street trees located in the public right-of-way between the curb and the sidewalk also require a permit for pruning or removal. The City's Department of Transportation (DOT) provides no-cost permits for these street trees and oversees their maintenance.
It's important to note that California has laws that protect certain types or ages of trees, and specific conditions must be met for removal. For example, the federal Bureau of Land Management aims to remove dead and dying trees from 35 California counties, focusing on areas near power lines, roads, private property, and recreational trails.
Before removing any trees, it is essential to consult the local regulations and determine the specific requirements and permit processes for tree removal in your area.
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Some tree species are protected
In California, certain tree species are protected by law. These include indigenous Southern California tree species such as the California Live Oak (Quercus agrifolia), the Southern California Black Walnut (Juglans californica), the Western Sycamore (Platanus racemosa), and the California Bay (Umbellularia californica). The Toyon (Heteromeles arbutifolia) is also a protected species in Los Angeles.
These protected tree species cannot be removed or relocated without a permit from the local authorities. The laws regarding tree protection vary across different regions in California, with specific ordinances in place to safeguard the native tree and shrub species unique to each area. For example, the Los Angeles Fire Department (LAFD) has a Protected Trees and Shrubs Ordinance that outlines the regulations for protected trees and shrubs within its jurisdiction.
The definition of "removal" in the context of tree protection laws is quite broad. It includes any act that will cause a protected tree to die, such as damaging the root system, applying toxic substances, operating heavy machinery near the tree, or altering the natural grade of the land. Therefore, it is essential to understand the specific regulations in your area before taking any actions that may impact protected tree species.
Additionally, it is worth noting that California has laws regarding encroaching trees, which are based on common-law rules. While there may not be clear ordinances, tree owners are responsible for ensuring that their trees are adequately trimmed to prevent injury, property damage, or other issues. If a tree encroaches on neighbouring property, mediation is often a recommended first step to resolve the issue without resorting to legal action.
In summary, while not all dead trees are protected in California, certain species are safeguarded by specific laws and ordinances. It is essential to be aware of the local regulations regarding protected tree species and to take the necessary steps to ensure compliance when dealing with trees on private or public property.
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Tree removal fines and charges
California has several laws and fines in place to discourage the removal of trees, especially without permission. The state and its cities recognize the significant community and environmental benefits that trees provide.
In Los Angeles, the City Council has approved a $1,000 fine for anyone who illegally removes a street tree or causes major damage to its root system. This fine also applies to trees on private property that are protected by city laws, such as the California bay, Western sycamore, and Southern California black walnut trees. If an individual violates this law three times within a year, they will face misdemeanor charges in Superior Court. Residents who need to remove an aging tree can call the city's 311 hotline to request a visit from a city arborist, who will inspect the tree and issue a permit for removal if necessary.
In San Mateo County, there are penalty fees for the unpermitted removal of trees to deter such actions and reflect the value of the trees to the community and the environment. Additionally, California has laws that make it illegal to remove trees of certain types or ages. For example, the federal Bureau of Land Management (BLM) aims to remove dead and dying trees from 35 California counties while preserving healthy, green trees. The BLM forester, Coreen Francis, stated that they would focus on forest land near power lines, roads, private property, and recreational trails, aiming to remove dead and dying trees within 200 feet of these areas.
Before taking legal action, it is recommended that individuals first notify the tree owner about local laws and their right to self-help. Mediation is also an option, providing a cost-effective way to resolve issues without going to court. If these measures fail, and the tree encroaches onto neighboring property, some states allow a neighbor to sue. However, it is essential to explore cheaper and simpler avenues first, such as notifying the city, utility company, or homeowners' association, as they may routinely prune and cut back trees that endanger property.
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Tree maintenance is the owner's responsibility
In California, tree maintenance is the responsibility of the owner. This means that if a tree is on your property, you are responsible for ensuring it is adequately maintained and trimmed to prevent injury, property damage, or death.
If a tree's branches or roots encroach onto a neighbouring property, the owner of the tree must ensure that it is trimmed back to the property line or fence. This is to prevent any potential damage to the neighbouring property and to maintain a good relationship with your neighbour.
In the case of rental properties, the landlord is responsible for maintaining the trees on the property, especially if the branches were already overgrown when the tenant took possession. However, tenants should also be mindful of any trees that may be causing damage to the property and bring it up with the landlord to find a solution together.
If a tree is on city property or endangers city property, the city will typically take responsibility for its maintenance. This includes trees growing within the public right-of-way, usually between the sidewalk and curb, and sometimes between the sidewalk and the home. In these cases, a permit from the city is required before any pruning or removal can take place.
It is important to note that there are laws in California that protect certain types or ages of trees, and removal of these trees may be restricted. Additionally, notifying the tree owner of your concerns and local laws regarding encroaching trees can often resolve the issue without the need for legal action.
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Frequently asked questions
Yes, in many areas, you need a permit to remove dead trees. Check with local government agencies to determine if a permit is required for your property.
Unauthorized removal of protected trees can lead to severe penalties, including fines and criminal charges.
Certain tree species hold special significance in California due to their ecological value or rarity. Trees like the California redwood, oak, and pine species are often protected under state law.
Removing trees close to power lines requires extra caution. Always contact your electricity provider for guidance. Additionally, dead and dying trees significantly heighten wildfire risks, so it is important to remove them to prevent the spread of fires.
