Elk Grove Municipal Code Art. III Tree Permit

No person shall conduct work within the critical root zone, cut down, remove, top, or relocate any landmark tree, tree of local importance, secured tree, or tree in the right-of-way or on City property unless a valid tree permit has been approved pursuant to the procedures contained in EGMC Sections 19.12.090 through 19.12.130. Exemptions to this requirement are provided in EGMC Section 19.12.080.

(Ord. 6-2011 § 4, eff. 3-25-2011)

The following are exemptions from tree permit requirements:

A. Trees of local importance when not part of or associated with a discretionary development project;

B. Work on trees within parks, parkways, and public recreation easements owned, leased, or operated by the Cosumnes Community Services District;

C. Removal and pruning work by utility providers for all types of trees other than landmark trees; and

D. In case of emergency caused by the tree being in a hazardous or dangerous condition requiring immediate action for the safety of human life or buildings or structures, such tree may be removed by permission of the City Arborist during normal working hours or by the Public Works Department at all other times.

(Ord. 6-2011 § 4, eff. 3-25-2011; Ord. 20-2017 § 3 (Exh. A), eff. 10-13-2017)

A. Application Procedure.

1. Generally. When a tree permit is required by this chapter, the person or property owner desiring to complete the work shall make an application for a tree permit to the Community Development Department on a form provided by the City. The application form shall be accompanied by the following information so that the City may adequately review the request. The application may cover one (1) or more trees.

a. A brief statement of the reasons for the proposed work;

b. Consent of the owner of record of the land on which the proposed activity is to occur;

c. A tree survey with the accurate location, number, species, size (DSH), critical root zone (CRZ), and approximate age (if known) of the tree or trees subject to the application;

d. If the project involves other discretionary development, then this survey must be part of the total development plan and must also describe any tree or trees which could be affected by the proposed development, and accurate trunk locations shall be indicated on all construction plans;

e. Payment of any permit fee or deposit shall be authorized by City Council resolution; and

f. Any other pertinent information requested by the City Arborist.

B. Tree Removal as Part of a Development Project. When a development project proposes the removal of trees, no separate application for a tree permit shall be required as part of the application for the development project. However, all the information required under subsection (A) of this section must be included with the development project application and no trees shall be authorized for removal until:

1. The entitlement has been approved; and

2. City staff has field-verified that proposed tree removal is consistent with the approved plan. It shall be the responsibility of the applicant to contact the City for field verification prior to tree removal. Trees to be removed shall be clearly identified in an arborist report and properly marked in the field.

C. Approving Authority. The designated approving authority for tree permits shall be as provided below:

1. Tree Located on Private Land and Not Part of a Development Project. For tree permit work on privately owned land and not in conjunction with a discretionary development project, the Community Development Director shall be the designated approving authority. The Community Development Director shall make a decision on the tree permit application after a recommendation has been provided by the City Arborist.

2. Tree Located on Private Land and Part of a Development Project. For tree permit work that is part of a discretionary development project, the approving authority shall be the same as the approving body for the relevant land use entitlement(s). The approving body shall make a decision after a recommendation from the City Arborist or City staff as a part of the overall development project recommendation. Requests for amendments to the original tree permit work that were approved by the designated approving authority as part of a discretionary development project may be amended by the Community Development Director if either of the circumstances below are present.

a. Deterioration of a qualified tree originally designated for protection when such deterioration is documented and the tree is recommended for removal by the City Arborist; and/or

b. Unforeseen changes or circumstances to the site, structures, or adjoining property impacting a qualified tree designated for protection.

The Community Development Director may elevate amendments to the original approving authority at his/her sole discretion.

3. Tree Located on City-Owned Land. For qualified trees (landmark trees, secured trees, and/or trees of local importance) in the right-of-way and on City property, the Community Development Director shall be the designated approving authority. The Community Development Director shall make a decision on the permit after a recommendation has been provided by the City Arborist and the Public Works Director.

D. Permit Process.

1. Except where otherwise provided by this chapter, a tree permit shall be exercised within twelve (12) months from the date of approval, or other time limit established through a concurrent development project approval. Time extensions, for up to a total of two (2) additional one (1) year terms, may be granted in compliance with the following provisions. A tree permit not exercised within its time limits shall expire in compliance with EGMC Chapter 23.18 (Implementation, Time Limits, and Extensions).

a. Time of Filing. The applicant shall file a written request for an extension of time with the Community Development Director before expiration of the permit, together with the required filing fee.

b. Evidence to Be Provided. The Community Development Director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated financial hardship, poor weather during periods of planned construction, etc.) have prevented exercising the permit.

c. Action on Extension Request. A tree permit may be extended as follows for no more than two (2) additional one (1) year periods beyond the expiration of the original approval; provided, that the approving authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.

i. Community Development Director’s Action. Upon good cause shown, the first extension may be approved, approved with modifications, or disapproved by the Community Development Director, whose decisions may be appealed to the Planning Commission, in compliance with EGMC Section 19.12.130 (Appeals).

ii. Planning Commission Action. One (1) subsequent extension may be approved, approved with modifications, or disapproved by the Planning Commission, whose decisions may be appealed to the City Council in compliance with EGMC Section 19.12.130 (Appeals).

2. If a permit is denied, the Community Development Director shall provide written notification, including the reasons for denial, to the applicant.

3. It shall be the responsibility of the person conducting the permitted work to have the tree permit or a copy of the conditions of approval imposed by the approving body at the tree removal site.

4. The permit, or the conditions of approval granted by the approving body, shall entitle the applicant to conduct the approved work on the tree(s) identified under the permit. All other work outside the scope of the approved permit shall be considered a violation of this chapter.

(Ord. 6-2011 § 4, eff. 3-25-2011; Ord. 24-2015 § 8 (Exh. F), eff. 2-12-2016; Ord. 20-2017 § 3 (Exh. A), eff. 10-13-2017; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

Prior to the consideration of a request for tree removal by the designated approving authority or grading within the critical root zone of a qualified tree, the applicant shall retain an ISA certified arborist to prepare a report. The report shall identify the basis, if any, for supporting the removal of the qualified tree(s) and shall be subject to review by the City Arborist. The arborist report shall include an analysis of the following factors:

A. The condition of the tree with respect to disease, general health, damage, structural integrity, and whether or not the tree acts as a host for an organism which is parasitic to another species of tree which is in danger of being exterminated by the parasite;

B. The number of existing trees on the subject property, on adjacent property, and immediately proximate to the subject tree(s) as deemed relevant by the City Arborist, and the effect of the tree removal upon public health and safety, and prosperity of surrounding trees;

C. The number of healthy trees that a given parcel of land will support, with and without the proposed development;

D. The effect of tree removal on soil stability/erosion, particularly near water courses, drainage ditches, or on steep slopes, or the effect on runoff interception;

E. Present and future shade potential with regard to solar heating and cooling;

F. Identification of alternatives that would allow for the preservation of the tree(s) proposed for removal; and

G. Any other information the City Arborist finds pertinent (e.g., site conditions, other vegetation, and utility service).

(Ord. 6-2011 § 4, eff. 3-25-2011; Ord. 20-2017 § 3 (Exh. A), eff. 10-13-2017)

A. Review by Designated Approving Authority. The approving authority shall determine, after preparation of the arborist report and a recommendation by the City Arborist, whether or not the tree(s) cannot or should not be retained. The determination of the approving authority in granting or denying a tree permit for tree removal shall, at a minimum, be based upon the factors analyzed in the arborist report.

B. Findings for Permit Issuance. The designated approving authority shall make at least two (2) of the following findings as part of the approval of a tree permit for tree removal:

1. For development projects, every effort has been made to integrate the existing tree(s) into project design, including the use of minor deviations and/or variances.

2. The effect of the removal of the tree will not negatively impact the health, safety, and prosperity of surrounding trees, or the aesthetics and general welfare of the area.

3. The tree presents a threat to public health and safety and must be removed.

C. Findings for Permit Denial. The designated approving authority shall make all of the following findings as part of the denial of a tree permit for tree removal:

1. Removal of the tree is inconsistent with the standards for tree removal as provided in this section; and

2. The denial of the permit for tree removal will not unreasonably compromise the owner’s rights to enjoy and develop the property.

(Ord. 6-2011 § 4, eff. 3-25-2011; Ord. 20-2017 § 3 (Exh. A), eff. 10-13-2017)

As part of the approval of a tree permit for removal of a tree, the designated approving authority shall require mitigation for the loss of the tree consistent with Article IV (Mitigation for Tree Loss) of this chapter. The requirement for mitigation may be waived under those circumstances provided in EGMC Section 19.12.180 (Alternative mitigation requirements).

(Ord. 6-2011 § 4, eff. 3-25-2011)

The decision of the designated Approval Authority shall be final unless an appeal is filed in compliance with EGMC Section 23.14.060 (Appeals).

(Ord. 6-2011 § 4, eff. 3-25-2011)