Elk Grove Municipal Code Art. IV Mitigation for Tree Loss

When mitigation for tree loss is required by this chapter or through the CEQA process, mitigation shall be provided consistent with this article.

(Ord. 6-2011 § 4, eff. 3-25-2011)

When tree removal is authorized as part of issuance of a valid tree permit, mitigation for the loss shall be provided at a ratio of one new inch DSH of tree for each inch DSH lost (1:1 ratio), unless an alternative mitigation is approved by the City as provided in EGMC Section 19.12.180 (Alternative mitigation requirements). The applicant for the tree permit shall prepare a tree mitigation plan for review and approval by the City Arborist. Only the mitigation authorized under an approved mitigation plan shall be used.

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

Unless an alternative mitigation is approved by the City as provided in EGMC Section 19.12.180 (Alternative mitigation requirements), the City allows all of the following mitigation options, subject to review and approval by the City Arborist, as part of a tree mitigation plan. Mitigation measures or conditions of approval on a project, as imposed by the designated approving authority, may specify which options are available to an applicant.

A. On-Site or Off-Site Replacement. The plan shall specify where the tree(s) shall be planted and how the tree(s) shall be monitored and maintained for a minimum of five years. The City may require the establishment of a performance bond or other surety as a way to ensure that the replacement trees survive for the minimum establishment period as provided in EGMC Section 19.12.190. The City will allow the use of on-site trees planted under a mitigation plan as a way to meet any other on-site landscaping requirement, including parking lot shading, street landscaping, and street trees on residential lots.

B. Payment of an In-Lieu Fee as Adopted by Resolution of the City Council. The applicant may pay an in-lieu fee for the loss of the tree(s) at a rate established by the City Council. Such monies shall be deposited in the tree preservation fund as described in EGMC Section 19.12.220.

C. Credit for Existing Trees Smaller Than When a Permit Is Required. An applicant may be entitled to mitigation credit when they preserve species of trees that are listed in EGMC Section 19.12.040 (Trees of local importance) but are smaller than the size threshold defined in EGMC Section 19.12.040 (i.e., less than six (6") inches DSH). The City Arborist shall make the determination after reviewing the location of the tree(s), the quality of the environment (both pre- and post-project) in which the tree(s) is located, potential impacts to the tree(s) from proposed development, and other relevant factors that the City Arborist deems relevant to the long-term viability of the tree(s). If approved for credit, retained trees shall receive a credit of one (1") inch DSH per tree for trees between two (2") and five (5") inches DSH. The City may require the establishment of a performance bond or other surety as a way to ensure that the tree(s) survive for the minimum establishment period as provided in EGMC Section 19.12.190.

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

A. Except when funded through the tree preservation fund, trees planted as mitigation shall be of an equivalent species as those being removed. For instance, a tree of local importance shall be replaced with another tree of local importance. Landmark trees shall be replaced with a species or species to the satisfaction of the City Arborist, with consideration given to species diversity and ensuring that the right tree is planted in the right location.

B. The following equivalent sizes shall be used whenever new trees are planted (either on site or off site) under a mitigation plan:

1. Smaller than fifteen (15) gallon container = one (1") inch DSH.

2. Fifteen (15) gallon container or larger = two (2") inch DSH.

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

A. Authority and Findings for Granting Alternative Mitigation. The designated approving authority may allow for an alternative mitigation standard than otherwise required under this section; provided, that one (1) of the following findings is made:

1. The tree is diseased, as diagnosed by the City Arborist, and is not treatable;

2. The tree is causing or has a high degree of probability to cause significant property damage to existing structures (e.g., damage to a building foundation, roof, or similar); or

3. The tree is or has a high degree of probability to be a hazard to the public health and safety (e.g., likely to fall into the roadway or onto a habitable structure).

The simple proximity of a tree to a habitable structure or roadway shall not, in and of itself, be grounds for a waiver of the mitigation requirement. Rather, the tree must be, in the opinion of the City Arborist, exhibiting indications that it is likely to fall in the direction of the structure or roadway.

B. Alternative Mitigation Required. In granting an alternative to the mitigation requirement, the designated approving authority shall require that the applicant mitigate for the loss of the tree by requiring that a new tree (minimum fifteen (15) gallon container) be planted in place of the removed tree unless the City Arborist determines that there is no feasible space remaining on the project property for a new tree. The species and final planting location shall be subject to review and approval of the City Arborist to ensure, to the greatest degree possible, that the new tree will not create a similar circumstance in the future.

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

A. Replanting security shall be required for any tree mitigation plan excluding payment of an in-lieu fee. The purpose of such security shall be to guarantee the applicant’s compliance with conditions of approval and City provisions regarding tree protection and preservation. Security may also be required at the discretion of the approving body to insure the completion of any additional work specified as a condition of permit approval or other approvals.

B. The security shall be in the amount of one hundred (100%) percent of the estimated cost of the required work. The applicant shall include the cost estimate as part of the tree mitigation plan for City Arborist review and approval. The terms and conditions of the security shall be reviewed and approved by the Community Development Director prior to approval of the tree mitigation plan.

C. The security may be in the form of a letter of credit, cash deposit, a combination thereof, or other acceptance method of security by the City and shall be approved by the City Attorney.

D. Security posted on actual work required shall be maintained for a minimum of five (5) years. The City may require additional length of security of up to ten (10) years when larger trees are being planted and/or site conditions warrant.

E. Any interest gained on security posted by requirement of the City shall accrue to the applicant or his or her designee.

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