Marin County Municipal Code Ch. 22.62 Tree Removal Permits

The purpose of this chapter is to establish regulations for the preservation and protection of native trees in the unincorporated areas of Marin County by limiting tree removal in a manner which allows for reasonable use and enjoyment of such property and to establish a procedure for processing Tree Removal Permits.

(Ord. No. 3577, 2012)

This Chapter applies only to "protected and heritage trees" as defined in Article VIII (Definitions) on improved and unimproved lots as defined in Article VIII in the non-agricultural unincorporated areas of Marin County. Protected and heritage trees may be removed in specific circumstances as stated in Section 22.62.040 (Exemptions) without triggering a requirement for a permit. Woodlands shall be managed and trees shall be preserved or replaced in compliance with Chapter 22.27 (Native Tree Protection and Preservation).

(Ord. No. 3577, 2012)

A. Purpose. This Section provides procedures for filing, processing, and noticing of Tree Removal Permit applications.

B. Filing and processing.

1. All Tree Removal Permit applications shall be completed, submitted, and processed in compliance with Chapter 22.40 (Application Filing and Processing, Fees) and Section 22.40.050 (Initial Application Review for Discretionary Permits).

2. Tree Removal Permit applications are available online and at the Agency's public service counter.

C. Notice of action. Administrative decisions on a proposed Tree Removal Permit application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions).

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

The removal of any protected or heritage tree on a lot is exempt from the requirements of this Chapter if it meets at least one of the following criteria for removal:

A. The general health of the tree is so poor due to disease, damage, or age that efforts to ensure its long-term health and survival are unlikely to be successful;

B. The tree is infected by a pathogen or attacked by insects that threaten surrounding trees as determined by an arborist report or other qualified professional;

C. The tree is a potential public health and safety hazard due to the risk of its falling and its structural instability cannot be remedied;

D. The tree is a public nuisance by causing damage to improvements, such as building foundations, retaining walls, roadways/driveways, patios, sidewalks and decks, or interfering with the operation, repair, or maintenance of public utilities;

E. The tree has been identified by a Fire Inspector as a fire hazard;

F. The tree was planted for a commercial tree enterprise, such as Christmas tree farms or orchards;

G. Prohibiting the removal of the tree will conflict with CC&R's which existed at the time this Chapter was adopted;

H. The tree is located on land which is zoned for agriculture (A, ARP, APZ, C-ARP or C-APZ) and that is being used for commercial agricultural purposes. (This criterion is provided to recognize the agricultural property owner's need to manage these large properties and continue their efforts to be good stewards of the land.);

I. The tree removal is by a public agency to provide for the routine management and maintenance of public land or to construct a fuel break;

J. The tree removal is on a developed lot and: 1) does not exceed two protected trees within a one-year timeframe; 2) does not entail the removal of any heritage trees; and 3) does not entail the removal of any protected or heritage trees within a Stream Conservation Area or a Wetland Conservation Area.

It is recommended that a property owner obtain a report from a licensed arborist or verify the status of the tree with photographs to document the applicability of the criteria listed above to a tree which is considered for removal in compliance with this section.

(Ord. No. 3577, 2012)

In considering a Tree Removal Permit application, the Director may only grant approval or conditional approval based on a finding that removal of the tree(s) is necessary for the reasonable use and enjoyment of land under current zoning regulations and Countywide Plan and Community Plan (if applicable) policies and programs, taking into consideration the following criteria:

A. Whether the preservation of the tree would unreasonably interfere with the development of land;

B. The number, species, size and location of trees remaining in the immediate area of the subject property;

C. The number of healthy trees that the subject property can support;

D. The topography of the surrounding land and the effects of tree removal on soil stability, erosion, and increased runoff;

E. The value of the tree to the surrounding area with respect to visual resources, maintenance of privacy between adjoining properties, and wind screening;

F. The potential for removal of a protected or heritage tree to cause a significant adverse effect on wildlife species listed as threatened or endangered by State or Federal resource agencies in compliance with the California Environmental Quality Act (CEQA);

G. Whether there are alternatives that would allow for the preservation of the tree(s), such as relocating proposed improvements, use of retaining walls, use of pier and grade beam foundations, paving with a permeable substance, the use of tree care practices, etc.

(Ord. No. 3577, 2012)