Sonoma Municipal Code Art. III Prohibitions

A. Unless specifically excepted by ordinance of this city, it is unlawful for any person other than the public works director or his/her duly authorized representative to trim, prune, brace, or plant any tree in any public right-of-way, or public property within the city, or to cause the same to be done, unless and until a written permit to do so has first been obtained from the public works director.

B. It is unlawful for any person other than those authorized under emergency circumstances within this chapter to alter, remove, relocate, or cause to be altered, removed, or relocated any tree in any public street, public right-of-way, or public property within the city, unless and until a written permit to do so has first been obtained in accordance with SMC 12.08.050. Any such permit may be declared void by the public works director, if its terms are violated. This subsection shall not apply to removal of trees required for new street construction, except as authorized under Article V.

C. It is unlawful for any person to break, injure, deface, mutilate, kill, or destroy any tree in any public street, public right-of-way, or public property within the city, or to cause the same to be done or set fire to such within the city, nor shall any person cause or permit any wire charged with electricity, or any gas, liquid, or solid substance which is harmful to such trees to come in contact therewith. No person other than the public works director or his/her designee shall place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire or rope (other than one used to support a young or broken tree), sign, paint, or any other substance, structure, thing or device of any kind or nature whatsoever. (Ord. 11-2009 § 1(5), 2009; Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

It is unlawful for any person other than those authorized under emergency circumstances, as set forth within this chapter, to alter, remove, relocate, or cause to be altered, removed or relocated any significant tree or significant tree, private, as defined in this chapter, unless and until a written permit to do so has first been obtained in accordance with SMC 12.08.050. Any such permit may be declared void by the public works director if its terms are violated. (Ord. 11-2009 § 1(6), 2009; Ord. 09-2003 § 1, 2003).

A. Rule. Applications for new development, as defined by this chapter, requiring the review and approval of the review authority shall also be subject to the review of the tree committee. Said review shall be advisory in nature and shall occur prior to any consideration of the project by the review authority when the project is not otherwise subject to planning commission review. In those instances when a project may be subject to the review of more than one review authority, the planning commission shall have the sole decision-making authority over tree-related matters governed by this chapter, except in the event of an appeal to the city council.

B. Scope of Tree Committee Authority. The scope of the review by the tree committee shall be limited to the identification of potential impacts of the proposed development to existing trees on or adjacent to the project site, and recommendations to the review authority relative to the mitigation of identified impacts, including but not limited to a replacement program.

C. Authority of Review Authority to Impose Conditions. The review authority, under its authority to approve, conditionally approve, or deny a project application, may, based on the recommendations of the tree committee and the arborist’s report, modify the project site plan, adopt conditions of approval, or take any other relevant action deemed necessary to preserve, protect or replace existing trees on or adjacent to the project site. Failure to comply with requirements or conditions of approval, established by the review authority, shall be considered a violation of the provisions of this chapter.

D. Tree Information Required at Time of Application. An arborist’s report, prepared by an ISA (International Society of Arboriculture) certified arborist, shall be a requirement of all new development. The report shall provide the necessary information to determine the appropriate extent of tree preservation and protection and tree replacement requirements.

An arborist shall be selected and retained by the city planner from a list of qualified members provided by the tree committee. All costs and fees for the services of the arborist shall be paid by the applicant and shall be paid in full at the time of the project application.

The requirement of an arborist’s report may be waived by the determination of the city planner upon the finding of no significant trees on:

1. The project site;

2. On adjoining property that could reasonably be affected by the project construction.

The arborist’s report shall clearly describe in writing all trees on the property. The report shall indicate the genus and species, the shape, the trunk diameter of each tree and the nonintrusion zone around each tree as determined by the table in SMC 12.08.020(H), and shall indicate those trees which are proposed to be altered, removed, or relocated and the reasons therefor. Tree delineations by trunk location and an accurate outline of each tree’s nonintrusion zone must be shown on the project site plan or tentative map, and on every page of the development and improvement plans where any work is proposed within the nonintrusion zone of any protected tree. The property owner of the property and the person in control of the proposed development shall protect and preserve each tree situated within the site of the proposed development during the period the application(s) for the proposed development is being considered by the city.

E. Tree Replacement Program. A person owning or controlling a new development project shall be required to replace trees designated for removal as part of the approval of the project in accordance with the conditions of approval established by the review authority as follows:

1. Unless otherwise approved by the review authority, tree replacement shall occur on-site and shall, at a minimum, occur at a 1:1 ratio and a 15-gallon box size for each six inches of tree diameter removed.

2. If the development site is inadequate in size to accommodate the replacement trees, the trees may be planted on public property with the approval of the public works director.

3. Upon the request of the developer and the approval of the city council, the city may accept an in-lieu payment of $100.00 per 15-gallon replacement tree on condition that all such payments shall be used for tree-related educational projects and/or planting programs of the city.

F. Protected Trees. Development of a property on which a protected tree is located shall be subject to project design and construction requirements including, but not limited to, subsections (F)(1) through (F)(6) of this section. All applicable project design and construction requirements related to the protection of trees shall be implemented in accordance with accepted ISA guidelines, unless modified or waived by the director of public works in consultation with the project arborist.

1. Before the start of any clearing, excavation, construction or other work on the site, every protected tree shall be securely fenced off at the nonintrusion zone, or other limit as may be established in the field by the project arborist. Such fences shall remain continuously in place for the duration of all work undertaken in connection with the development. The area so fenced off shall not be used as a storage area or altered or disturbed except as may be permitted under this subsection.

2. If the proposed development, including any site work for the development, will encroach upon the nonintrusion zone of a protected tree, special measures shall be utilized, as approved by the project arborist, to allow the roots to obtain oxygen, water, and nutrients as needed.

3. Underground trenching for public improvements shall avoid major support and absorbing tree roots of protected trees. If avoidance is impractical, tunnels shall be made below the roots. Trenches shall be consolidated to service as many units as possible. Trenching or any other excavation related to the project within the drip line of protected trees shall be avoided to the greatest extent possible and shall only be done under the on-site directions of a project arborist.

4. Concrete or asphalt paving shall not be placed over the root zones of protected trees, unless otherwise permitted by the project arborist. Artificial irrigation shall not occur within the root zone of oaks, unless deemed appropriate by the project arborist to improve tree vigor or mitigate root loss.

5. Compaction of the soil within the nonintrusion zone of protected trees shall be avoided, if possible. Any excavation, cutting, filling, or compaction of the existing ground surface within the nonintrusion zone shall be minimized and subject to such conditions as may be imposed by the project arborist.

6. Burning or use of equipment with an open flame near or within the nonintrusion zone shall be avoided. All brush, earth and other debris shall be removed in a manner which prevents injury to the protected tree. Oil, gas, chemicals or other substances that may be harmful to trees shall not be stored or dumped within the nonintrusion zone of any protected tree, or at any other location on the site from which such substances might enter the nonintrusion zone of a protected tree. Construction materials shall not be stored within the nonintrusion zone of a protected tree. (Ord. 11-2025 § 2 (Exh. A), 2025; Ord. 06-2013 § 3, 2013; Ord. 11-2009 § 1(7), (8), (9), 2009; Ord. 09-2003 § 1, 2003; Ord. 96-11, 1996).

A. Rule. A property owner, or the property owner’s representative or agent, shall not remove, purposefully damage, or purposefully cause to die and tree on the owner’s property with the intent to avoid requirements for tree preservation or protection that may be imposed upon the property under a development application.

B. Finding of Violation. If the city planner finds that subsection A of this section has been violated, the property owner shall be subject to the enforcement provisions set forth under Article IX of this chapter. In making his/her finding, the city planner shall consider the specific circumstances of the tree removal, including when the removal or damage occurred and the significance of the removed or damaged trees in terms of size, species, health and location. (Ord. 11-2009 § 1(10), 2009; Ord. 09-2003 § 1, 2003).