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California Oak Report
September 2001
California Oak Report
In 1987 the California Board of Forestry (BOF) stated that, "While the Board believes that it is has the authority and obligation under the Forest Practice Act to protect the hardwood resource, we conclude that it is premature" to regulate oak woodlands. The BOF has repeatedly maintained this position in public process and legal hearings over the past 14 years. The reason given by state forestry officials for their reluctance to take responsibility for statewide oak woodlands ecosystem protection was succinctly expressed last year by the California Department of Forestry and Fire Protection: "The Forest Practice Act wasn't designed to deal with the issues that are presented by oak management and preservation."
Regardless of the BOF's rationale for failing to protect oak woodlands, the scientific evidence is overwhelming that the time has arrived for the state to assert its authority and responsibility by instituting measures that will conserve California's most biological diverse natural resource. For the purpose of perpetuating the state's oak woodland ecosystem, COF has developed the Oak Woodlands Monitoring Act which designates the Department of Fish and Game to issue non-discretionary and discretionary permits according to oak tree removal standards established by the measure. Santa Barbara County's three-tiered oak tree protection process has been modified by COF to create a statewide oak woodlands monitoring system based on existing state law, including the Forest Practice Act and Fish and Game Code. Potential Monitoring Act uses include: 1)Basis for state legislation. 2)Basis for state ballot initiative.
In announcing the Oak Woodlands Monitoring Act COF president Janet Cobb stated, "This oak woodlands administrative monitoring program is a necessary part of the state's wildlife protection policy and it will address the need to conserve oak woodland ecosystem values for the benefit of future generations of Californians." Here are a few passages from the Monitoring Act:
SECTION 2. Article 1 (commencing with Section 1625) is added to Chapter 6 of Division 2 of the Fish and Game Code, to read:
Article 1. Oak Woodlands Monitoring Act
1626. For purposes of this article, the following terms have the following meanings:
- "Commission" means the Fish and Game Commission.
- "Conversion permit" means a discretionary permit approving an application for oak woodlands conversion.
- "Conversion plan" means a oak woodlands biologic evaluation.
- "Department" means the Department of Fish and Game.
- "Director" means the Director of Department of Fish and Game.
- "Dying trees" means oak trees which exhibit one or more of the following: Fifty percent or more of the foliage-bearing crown is dead or fading in color from a normal green to yellow, sorrel, or brown, excluding
normal autumn coloration changes; has tested positive for the pathogen Phytophthora ramorum (sudden oak
death); successful bark beetle attacks with indications of dead cambium and brood development distributed
around the circumference of the bole; or trees designated by a certified arborist as likely to die within one year.
- "Monitoring system" means the three-tiered system for oak removal.
- "Notice of intent permit" means a non-discretionary permit.
- "Oak" means any native tree species in the genus Quercus not growing on timberland, as defined in PRC 4526.
- "Oak removal" means causing an oak tree to die or be removed from the ground by any means including,
but not limited to, cutting, uprooting, poisoning, burning, pruning, topping or severing an oak tree's roots.
- "Oak woodlands" means land with a greater than 10 percent oak canopy cover.
- "Oak woodlands conversion" means oak removal as specified in Section 1627(a)(3)(b).
- "Parcel" means a single assessor's parcel of land as shown on maps produced by the County Assessor.
1627. (a) The monitoring system shall be a three-tiered system:
- Tier 1 shall allow removal of a specific number of oak trees without any permits.
- Tier 2 shall require a non-discretionary notice of intent permit for oak removal that exceeds Tier 1 standards.
- Tier 3 shall require a discretionary conversion permit for oak removal that exceeds Tier 2 standards.
(b) The tier classification and permit type that apply to oak removals shall be determined by the parcel acreage and number of oaks to be removed. The specific oak removal standards for the monitoring system shall be prescribed by the director in consultation with a broad range of stakeholders including, but not limited to, representatives of the following agencies and groups:
- Building industry.
- Conservation groups.
- Department of Forestry and Fire Protection.
- Department of Parks and Recreation.
- Farming and ranching associations.
- Local government entities.
- Private citizens.
- University of California 1628.
(a) Any person, firm, corporation, company, partnership or government agency owning oak woodlands for which the owner proposes oak removal as specified in Section 1627(a)(2)(b) shall apply on a form prescribed by the director for issuance of a non-discretionary Notice of Intent Permit.
(b) Any person, firm, corporation, company, partnership or government agency owning oak woodlands for which the owner proposes oak woodlands conversion as specified in Section 1627(a)(3)(b) shall apply on a form prescribed by the director for issuance of a discretionary Oak Woodlands Conversion Permit.
1631. (a) A conversion plan in a form prescribed by the director shall become a part of the application for a conversion permit. The conversion plan shall set forth, but not be limited to, the following information:
- Present and future use.
- Parcel map indicating the location of oak woodlands conversion.
- Topography.
- Oak species inventory.
- Special habitat elements (riparian zones, multilayered canopy, cavity trees, snags and downed woody debris).
- Vegetation composition and zoned status of adjacent parcels.
- Mitigation measures.
- Conversion techniques.
- Conversion time schedule.
- Such other information as may be required and is applicable to the particular future use to which the land will be devoted.
1634. (a) Oak removal for the following purposes are exempt from the provisions of this article:
- Removal of dead or dying trees of any size.
- Removal of trees seventy-five feet or less from any point of an approved and legally permitted
structure that complies with the California Building Code.
(b) Upon the submission of a written application prescribed by the director, a person or entity may request a conversion permit exemption for substantially damaged oak woodlands where wildfire, insects, disease, wind, flood or other blight caused by an act of God has occurred. A professional biologist shall certify that the oak woodlands are substantially damaged; that no known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged; and that no conditions were identified where oak removal operations would reasonably result in significant adverse environmental effects. If necessary, the landowner shall allow access to the property for inspections by department staff.
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