| Exemptions |
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Exempt: removal no more than needed to comply with fire safety laws, including defensible space rules.
§ 26-88-015 · code textProtected tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A and California Public Resources Code Section 4291.
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Exempt: removal no more than needed to get or keep property insurance, in line with state law. Applies: Applies when an insurer of an occupied home or structure requires it.
§ 26-88-015 · code textProtected tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.
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Exempt: removal directed, ordered, overseen, recommended, or approved by the local fire protection agency. Applies: Applies to fire risk reduction activities.
§ 26-88-015 · code textFire risk reduction activities that results in protected tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area.
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Exempt: removal authorized by a plan, program, project, or entitlement under direct government oversight.
§ 26-88-015 · code textProtected tree removal authorized by a plan, program, project, or entitlement subject to direct oversight of the tree removal work by a governmental agency.
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Exempt if the tree is inside a structure's defensible space zone. Applies: Applies to hazardous, dead, dying, or diseased protected trees.
§ 26-88-015 · code textThe removal of the hazardous, dead, dying, or diseased protected tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space;
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Exempt if the tree can strike a structure, may fall and cause harm, and is structurally unstable beyond repair. Applies: Hazardous, dead, dying, or diseased protected trees outside a structure's defensible space zone.
§ 26-88-015 · code textThe removal of the hazardous, dead, dying, or diseased protected tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot
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Exempt: removing a native oak that is or causes a nuisance, such as damage to improvements or utilities. Applies: Oak woodland permit exemption in the OAK combining district only; no woodland conversion; other tree rules may still apply.
§ 26-67-040 · code textii. Nuisance trees. Removal of a native oak tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.
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Exempt: removing native oaks only as much as needed for residential maintenance. Applies: Oak woodland permit exemption in the OAK combining district only; lawful home upkeep; no woodland conversion; other tree rules may apply.
§ 26-67-040 · code textNative oak tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.
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| Permit to remove |
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Yes, a ministerial zoning permit is required to remove protected trees. Applies: Unless a use permit is required or an exemption applies.
§ 26-88-015 · code textUnless a use permit is required per subsection A.4.b. or an exemption applies under subsection B., a ministerial zoning permit is required for removal of protected trees.
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Yes, a use permit is required. Applies: Removing redwoods with a single trunk over 48 inches in diameter; some safety, resource, pest, agriculture and maintenance exemptions apply.
§ 26-88-015 · code textRemoval of redwoods with single stem d.b.h. exceeding forty-eight inches (48").
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Yes, a use permit is required. Applies: Removing oaks and other hardwoods with a single trunk over 36 inches in diameter; some safety, resource, pest, agriculture and maintenance exemptions apply.
§ 26-88-015 · code textRemoval of oaks and other hardwoods with single stem d.b.h. exceeding thirty-six inches (36").
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| Replacement trees |
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Removing a protected tree requires replacement trees or an in-lieu payment. Applies: Unless exempt; payment is $510.00 per value point, or an appraisal for large redwoods and hardwoods; some housing projects exempt.
§ 26-88-015 · code text for removal of protected trees. Unless otherwise exempt, the removal of protected trees is subject to required mitigation, which shall be provided through tree replacements or in-lieu payment, consistent with the options provided in this subsection E.
1. Option 1. Tree Replacement Using Arboreal Value Chart No. 1
2. Option 2. In-lieu Payment. The following in-lieu payments apply:
a. For tree removal requiring a use permit for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, payment amount shall be determined using a methodology for tree replacement cost contained in the most recent version of "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers or an alternative methodology of common practice acceptable to the applicable decision maker issuing the permit. Appraisal of cost shall be conducted by a qualified professional certified or licensed to make such determinations.
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Replant at 3:1 for Class I, 2:1 for Class II, and 1:1 for Class III acres, plus related vegetation. Applies: OAK combining district oak woodland permits, when replanting is required; easements, other mitigation or in-lieu fees may apply.
§ 26-67-060 · code text(6) Mitigation: The application shall include an oak woodland conservation plan, including mitigations at ratios consistent with the determined oak woodland ecological category and as necessary to offset the impacts identified through review of the application. The following conditions or mitigation measures may be imposed through the discretionary permit process:
(a) Conservation Easement: An executed and recorded conservation easement for double the mitigation rations specified for replanting. Areas under easement must be located in Sonoma County, must contain woodland of equal or greater oak woodland ecological category, and must contain similar species composition.
(b) Replanting: Replanting of woodland on-site or within Sonoma County consistent with replacement ratios specified below. Replanting shall include replanting of associated vegetative strata of the converted area including canopy, subcanopy, shrub, herb and bryophyte. Replanting shall have a planning horizon for the establishment of the woodland within twenty-five (25) years, or other timeline if recommended by a qualified professional and approved by the applicable decision-maker. An annual report shall be prepared and submitted by the applicant to the department. Any mortality that occurs during the reporting period shall be replaced.
| Oak Woodland Ecological Category | Mitigation Ratio (in acres) |
| --- | --- |
| Class I (Superior Oak Habitat) | 3:1 |
| Class II (Oak Habitat) | 2:1 |
| Class III (Limited Quality Oak Habitat) | 1:1 |
(c) Alternative equivalent mitigation may be considered if it will achieve equal or greater benefit than other mitigation measures.
(d) Payment of replacement in-lieu fees may be permitted by the county if replacement or mitigation is infeasible as determined by the county for physical, ecological, legal, or economic reasons. Replacement fees, if applicable, shall be valued using the most recent version of Council of Tree and Landscape Appraisers' Guide for Plant Appraisal. In-lieu fees may be used to acquire and protect stands of native oak trees in-fee title or through conservation easements; or place and maintain native oak trees and associated woodland vegetation on lands within the county of Sonoma.
(e) Any other condition or measure that the director deems necessary to meet the objectives of this chapter.
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