Visalia Municipal Code Art. 2 Destruction Prohibition - Removal Permit Requirements

It is unlawful for any person to willfully remove, destroy, damage, mutilate, poison, or attempt to kill an oak tree in the city, except as may be allowed pursuant to a removal permit as provided for in Section 12.24.030 of this Chapter, or as designated in a notice to prune an oak tree that satisfies of Article 3 of this Chapter. As used in this section, the term "damage" shall include the pruning of an oak tree in a manner that is inconsistent with the pruning standards as established by section 12.24.070. (Ord. 2007-02 § 2 (part), 2007)

A. Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (also referred to as "18 inches Diameter Breast Height (D.B.H.)") on public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action.

B. Within five calendar days of receipt of such application, the city manager or their designee shall post a notice on the subject tree, in a manner reasonably intended to inform the general public, stating that an application for removal of the tree has been filed and is pending with the city manager or their designee. Within fourteen calendar days of receipt of such application, the city manager or their designee shall inspect the premises whereon such oak trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, and if so, what mitigation shall be required as a condition to approval, consistent with Section 12.24.035 below; provided, however, that failure to render an intended decision within such period shall not be deemed approval.

C. The city manager or their designee shall not grant a removal permit unless one of three findings enumerated in Section 12.24.035 can be made based on substantial evidence and, where necessary, expert advice of a certified arborist. The applicant may submit his or her own supporting material, including a report of an independent certified arborist, for consideration by the city manager. However, the city manager or their designee shall retain the discretion for determining the weight and value to be given to such independent reports.

D. Upon determination that one of the three findings enumerated in Section 12.24.035 can be met and a removal permit may be granted, the city manager or their designee shall establish mitigation requirements in a manner consistent with the policy to be developed and implemented pursuant to Section 12.24.037. No mitigation shall be required for oak trees removed pursuant to subsections A. or C. of section 12.24.035, unless the city manager or their designee determines that the applicant's negligence or willful conduct contributed to the decline of the health of the oak tree. The mitigation requirements established by the city manager or their designee shall attach to the permit as conditions, and shall be enforceable as a lien against the applicant's real property. In no event shall the availability of mitigation measures, or the willingness of the applicant to agree to such measures, be a factor in determining whether removal of the tree is warranted.

(Ord. 2025-06 § 2 (part), 2025: Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

No removal permit shall be granted pursuant to section 12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following three findings:

A. The general health of the oak tree warrants removal. A removal permit may be granted based on the health of the tree only if one of the following tests can be satisfied:

1. The oak tree is in danger of falling or is deemed to be structurally unsound, according to generally accepted arboricultural standards, and is in proximity to existing or proposed structures; or

2. The oak tree is a host for plant, pest, or disease endangering other species of trees or plants with infection or infestations.

3. Protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property.

4. The oak tree is causing damage to a dwelling, building or structure, including foundational support for same, and/or damaging the essential utilities servicing the dwelling, building or structure. A professional evaluation by a certified arborist, licensed plumber, landscape architect or structural engineer detailing the damage being caused shall be required as part of the application for removal permit identified in Section 12.24.030.

B. Removal of the oak tree is necessary to allow construction of new improvements or the repair or protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property. The city manager shall apply the following factors in determining the necessity of removal of an oak tree for purposes of this subsection:

1. The size and age of the oak tree to be removed, and its historic, aesthetic or cultural value; a larger, older and more historically, aesthetically, or culturally valuable tree may be removed only if each of the other factors weigh heavily in favor of removal.

2. The necessity of the removal of the oak tree for new construction or expansion of existing improvements.

3. The lack of any reasonable alternative to the proposed improvement that does not require removal of the oak tree. The availability of funds from the Oak Tree Maintenance Fund to assist the property owner in repairing or reconfiguring improvements in a manner to save an oak tree should be taken into account in determining whether reasonable alternatives to removal exist such that a permit on this grounds should not be granted.

C. Urban forestry or land management practices warrant removal of the oak tree. An oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:

1. Removal of the oak tree will substantially benefit the topography of the land and the soil retention, water retention, and diversion or increased flow of surface waters.

2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.

3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

4. The property owner proposing to remove the tree can establish by adequate proof that the subject tree did not exist prior to the current owner's purchase of the property; this provision shall only apply to trees with a DBH of six (6) inches or less.

(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007)

In recognition and furtherance of the purposes of this Chapter, as enumerated in Section 12.24.010, it is the policy of the City of Visalia that property owners who are granted a permit to remove an oak tree pursuant to Subparagraph B. of section 12.24.035 offset the loss of the oak tree by either replacing the oak tree removed with new oak trees on the same property (in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new oak trees on other property or on public property for the benefit of the general public (in-lieu mitigation). In furtherance of this policy, the city manager shall develop an Oak Tree Mitigation Policy establishing in-kind and in-lieu mitigation measures to be required for oak tree removals. The Oak Tree Mitigation Policy, and any subsequent amendment thereto, shall be submitted to the city council for approval by resolution. (Ord. 2007-02 § 2 (part), 2007)

A. Notice of the city manager’s intended decision on a permit application submitted pursuant to section 12.24.030 shall be given by personal delivery or first class mail to the applicant and to any person filing a written request with the city manager for notice of all permit approvals under this ordinance. Further, notice of the intended decision shall be posted on the subject tree in a manner reasonably intend to inform the general public of the decision, and the right to appeal.

B. Any person aggrieved or affected by the city manager’s intended decision, or any member of the city council, may appeal the intended decision to the city council by filing a written notice of appeal with the city clerk within ten business days, excluding weekends and holidays, after the delivery or mailing of the notice. Any such notice of appeal shall be accompanied by an appeal fee in the amount specified by the city council.

C. If no appeal is filed within such time, the city manager shall promptly implement the intended decision by denying or issuing the permit, with or without conditions. An appeal automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the city council. (A member of the city council shall be exempt from the requirement of an appeal fee).

D. The city clerk shall place all such appeals on the agenda of the next regular council meeting and shall give notice to the applicant and/or appellant. The city council shall consider and decide all issues raised in the appeal, and the decision of the council shall be final. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

A. In the case of emergency caused by the dangerous condition of an oak tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the city manager or any on-duty public works or public safety personnel.

B. No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities.

(Ord. 2025-06 § 2 (part), 2025: Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)