Friday, June 15, 2007

Tree Removal Regulations Amended

On March 5, 2007, following a recommendation from the Parks & Recreation Commission, the City Council passed to a second reading amendments to the regulations regarding tree removal on City property and rights of way. Final adoption was delayed to allow the City Attorney time to review the previous language, as well as the proposed changes. On June 11th, the City Council adopted the amended regulations. The minimum fines for the un-permitted removal of trees over 4" in diameter at 4 ft. high remain the same, at $1,500 for each tree, except a Monterey Cypress which is $3,000 per tree. The primary change was to close a major loophole by including "major pruning" in the same fine category as "removal." Major pruning is defined as removing over 20% of a tree’s mass within a five year period. The impetus for this particular clarification revolved around a prior municipal court case involving an individual who had eliminated all of a Monterey Cypress tree, except for the bottom 6 feet of stump, and a branch with some green leaves on it. Since the tree was not completely dead, the actions did not technically constitute "removal," and therefore the minimum fines for tree removal did not apply.

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