El Dorado County Municipal Code Ch. 9.28 Preservation of Trees

In enacting the ordinance from which this chapter is derived, the Board of Supervisors finds that the portion of the County lying within the Lake Tahoe drainage basin is a scenic mountain forest area and primarily a recreational area dependent upon the attraction of tourists for its economic well-being; that by reason of the development of land lying within the Lake Tahoe drainage basin, large numbers of trees have been and are presently in the process of being removed, resulting in unsightly conditions and, unless controlled, will impair the economic well-being of the area; further, that the Board of Supervisors is informed and believes uncontrolled removal of trees within the area will create erosion of soils and drainage problems that could detrimentally affect the waters of Lake Tahoe and its tributaries. Therefore, the provisions of this chapter are intended to limit the unnecessary destruction of existing trees on private land so as to preserve the natural beauty of the area and thus to preserve and protect the economic well-being and general welfare of the County and its residents, and to protect the waters of Lake Tahoe and its tributaries, while at the same time recognizing individual right to develop private property in a manner which will not be prejudicial to the public interest.

(Prior Code, § 26101; Code 1997, § 9.28.010)

No person shall cut down, destroy, remove or move any tree with a trunk circumference of 19 inches or greater, measured 24 inches above the ground, growing on private property within the area lying within the Lake Tahoe drainage basin, unless and until a permit so to do has been obtained from the Director of Transportation or his or her designated representative.

(Prior Code, § 26102; Code 1997, § 9.28.020; Ord. No. 3766, § 18, 1987; Ord. No. 5051, § 2, 4-18-2017)

Application for the permit shall be made to the Director of Transportation in such form and detail as he or she prescribes.

(Prior Code, § 26103; Code 1997, § 9.28.030; Ord. No. 3677 § 19, 1987; Ord. No. 5051, § 2, 4-18-2017)

Upon receiving any such application for permit, the Director of Transportation or his or her designated representatives shall inspect the premises involved, and the surrounding area, and shall ascertain whether or not the tree or trees can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws.

(Prior Code, § 26104; Code 1997, § 9.28.040; Ord. No. 3677, § 20, 1987; Ord. No. 5051, § 2, 4-18-2017)

Following investigation, the permit shall be issued unless the Director of Transportation finds that any such tree is in a reasonably healthy condition and can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws; or that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree; and that the public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. In applying the standards set forth in this section, nothing shall be deemed to prevent the Director of Transportation or his or her designated representative from issuing a permit to destroy or remove part of the trees involved in an application, while denying a permit as to the remainder. As to any permit denied, the Director of Transportation shall set forth in writing the reasons for denial.

(Prior Code, § 26105; Code 1997, § 9.28.050; Ord. No. 3766, § 21, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any person aggrieved by any action of the Director of Transportation or his or her designated representative in denying or issuing any such permit as prescribed in this chapter may appeal to the Board of Supervisors, in which case the appeal shall be processed pursuant to the provisions of Chapter 2.09. Action under any permit, the issuance of which has been appealed, shall be suspended pending final decision of the Board of Supervisors on the appeal. Following the hearing of any such appeal, the Board of Supervisors may affirm, reverse or modify the action of the Director of Transportation and may take any action thereon which would have been authorized in the first instance. The action of the Board of Supervisors on any such appeal shall be final and conclusive.

(Prior Code, § 26106; Code 1997, § 9.28.060; Ord. No. 3766, § 22, 1987; Ord. No. 5051, § 2, 4-18-2017)

It is unlawful to leave any portion of a tree stump visible above the ground for more than 30 days after the tree has been cut unless the permit otherwise authorizes. All tree stumps which are visible above the ground level in violation of this section are declared to be nuisances which may be abated in the manner prescribed by law.

(Prior Code, § 26107; Code 1997, § 9.28.070)

Any person who is engaged or intends to engage in the cutting or removal of trees pursuant to the provisions of the Forest Practice Act (Public Resources Code § 4521 et seq.) and who has obtained a valid permit from the State Forester to do so, shall not be required to comply with the provisions of this chapter.

(Prior Code, § 26108; Code 1997, § 9.28.080)