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November 2001
California Oak Report
Threats to the Urban Forest
The following is from the presentation "Tree Protection Ordinances? Can They Work?" given by consulting arborist Kay J. Greeley, PE, ASLA, ISA at the recent California Urban Forest Council Conference in San Rafael:
The introductory section of every tree protection ordinance contains a written description of the intent, or purpose, of the ordinance. The introduction often ends with some version of the following caveat: "The spirit and intent of this section are meant to have an equal parity to its articulated contents." What this legal mouthful means is that even though the text of the ordinance might infer one thing to you, the City Council or other approval body might have meant something quite different when the ordinance was enacted. One unfortunate fact of life is that this "official" meaning may shift about over time as politics and associated personal interests waver.
As you might surmise, when evaluating or utilizing such an ordinance, it is imperative that you understand not only the written words, but also the underlying history of the stated intent. I often refer to this as understanding the "culture" of the individual agency that you are working with, in other words, understanding what is really important to that agency and the community that is served by that body. The local agency planning staff should be consulted early during the design phase of the project to insure that the culture of that agency is clearly understood and properly addressed. As an individual, you may or may not agree with the intent of the ordinance and the politics of the particular agency you are dealing with. This is all the more reason that you need to understand the culture of that agency.
Tree protection ordinances contain a list of findings, or conclusions that must be supported in order to obtain a permit. A proposed tree preservation program will need to demonstrate strict compliance with these required findings in order to be approved and to be effective in terms of serving the intent of the ordinance. Let me note that tree protection ordinances may or may not provide for a combination of pre?construction planning, onsite monitoring during construction, and post?construction monitoring and maintenance. The more of these components that are included, the more effective the ordinance can be.
Tree protection ordinances; can they work? The answer appears to be either yes or no, and at best, maybe. There are four points that need to be addressed in order for a tree protection ordinance to work: intent, scope, permitting and mitigation.
Intent. I cannot stress the importance of determining what the goals of a tree preservation ordinance should be. I have been working with my Tree Board in the City of Calabasas to revise their oak tree ordinance. We have been at that task for over a year, even though we are not changing the basic intent. There has been a lot of conflict during the meetings. Once I was able to target in on the reality that each member of that board had different goals, including some that were purely self?serving, I was able to better focus the efforts of the group. It is extremely important to tie a tree preservation ordinance to as many of the General Plan elements of the agency as possible. That will reduce any potential conflicts with other departmental goals and will reinforce the validity of the ordinance.
One way to insure that the policies created by the ordinance can be flexible to a variety of situations is by keeping them somewhat lofty. For example, a main policy could be "Preserve all healthy oak trees throughout the County." It is clear that such a general policy could leave a lot of room for interpretation. The ordinance could be supplemented with a set of guidelines that spells out the specifics of the policy. Guidelines are much easier to change. They don't have the same requirements for public hearings. A simple vote of the agency's approving body can institute any needed changes and the development code remains intact.
Scope. Based upon the intent that we just described, the scope must clearly define what species, sizes and locations of trees are to be covered by the ordinance. Do not be hesitant to make this scope rather large. Remember: a tree preservation ordinance does not have to unfairly limit development activity. It merely provides a means to insure that tree resources are considered as the important assets they are. Also remember that the scope should encompass the entire time line of events, from design to construction to follow?up monitoring.
Permitting. There is some division of thought on this. Some people feel that if it is very difficult, costly and time?consuming to get a tree permit, that will encourage more preservation of trees. Though I do see this result in some cases, I generally do not agree with this line of thought. I find that a more cumbersome process mainly serves to discourage compliance. I urge everyone to consider a more fair process. The ability to restrict impacts to trees can be better served by carefully thought?out findings. Remember, findings are the facts that must be established in order to grant a tree removal or encroachment permit.
Mitigation. Here again, some people feel that if mitigation for the removal of trees is very costly, that will also encourage greater preservation of trees. Again, though I do see this result in some cases, I generally do not agree with this line of thought. If a mitigation requirement was ever to be challenged legally, I believe that nexus, or fairness, would be a major issue. Make your mitigation requirements strong and comprehensive, but also make sure they are fair.
Two final thoughts. First, in order for a tree preservation ordinance to be effective, it must be a component in a greater forestry management plan. Creation of a mission statement and strategic plan for forestry management should occur before you even attempt to write a new tree ordinance or to revise an existing one.
Second and perhaps key is the need for public education. If the ordinance sits on the shelf collecting dust and someone's first knowledge of it is when the code enforcement officer shows up, the program cannot be deemed successful. As of mid-December, full text will be available at our website, which we invite you to visit at www.californiaoaks.org.
Giving Thanks
With Thanksgiving approaching, our thoughts turn to the spirit of the season. Since the events of September 11th, this has new significance to each of us. In this context, we wish to express our appreciation to our readership. We also thank our members for their invaluable support.
As you know, we are a non-profit organization dependant on memberships, donations and the sale of products that we either publish or choose to further oak protection.
We invite you to visit our website at http://www.californiaoaks.org/html/merch2.html where you will find a number of books and other tasteful gifts. A membership in the California Oak Foundation would be a thoughtful Christmas present, too.
Your orders help support California Oak Foundation's mission to protect and perpetuate native oak woodlands. We are truly grateful for your assistance in this worthwhile endeavor.
We wish you a happy and healthy holiday season.
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