Oak Tree Laws

The City of Sacramento Code includes a special permit requirement for regulated work on or around a city tree or a privately protected tree (formerly known as “heritage trees”). Chapter 12.56.020 of the City Code. These trees include particularly large trees; some native oaks, plane trees and buckeyes; and other trees designated by the municipal council. The pruning and removal of these trees requires a permit from the Urban Forestry Service (information and permit application). With tall plants like bamboo, another problem can come into play. If the plants are close enough to each other to form a barrier and run along the property lines, they can be considered a fence. In Wilson v. Handley, 97 Cal. App. 4th 1301 (2002), an appellate court held that “a series of trees planted along or near the property line between adjacent parcels to separate or mark the boundary between parcels is a `structure of the nature of a fence`” and may be regulated as such. Simply put, they are considered an essential contribution to the aesthetics of an area as well as to the ecosystem. It is a beautiful tree and each specimen is unique and deserves to be protected.

Removing private oak trees in California requires a special permit in most cases. Los Angeles, for example, recognizes oaks as important historical, aesthetic, and environmental resources. All moves require a permit in this county. If you`re still unsure after reading your city or county`s tree ordinance, I suggest you contact your local town hall or certified arborist and ask them directly. A local arborist should know all the laws of each county right away so they can tell you soon if you need a permit. Laws on tree removal and pruning have been enacted in all cities to maintain and maintain forest cover cover and all the benefits it brings to a city. Most of these laws are city-specific, but some, like noxious weed removal laws, are more general for states. The tree should be dangerous or unhealthy or cause damage to the foundation of your home.

Los Angeles County has taken a big step forward in ensuring the preservation of oak in its county, which it recognizes as an important historical and ecological resource. We have extensive knowledge of legal requirements and are at the same time an experienced tree service agency. Our team is familiar with California`s oak laws and will guide you through the steps if necessary. If you want to remove some volume from the tree, it is best to do a canopy lift, which removes the lower branches. In most cases, the city allows you to remove 10% of the leaves from trees each year. You can read more in the current oak ordinances for Los Angles here: ucanr.edu/sites/oak_range/files/60602.pdf laws vary from city to city, so you`ll need to read your town`s tree removal order to see if your oak is protected. In 1978, California passed the Solar Shade Control Act (Public Resources Code 25980-25986). California is one of the few states in the country that has a law that specifically regulates this issue.

The law should encourage the planting of trees and shrubs to provide shade and moderate temperatures, and encourage the use of alternative energy devices such as solar panels. Trees and solar panels offer environmental benefits, but in some cases they can`t just coexist. If trees grow to prevent the sun from reaching the solar panels, the panels can be rendered unusable. California law seeks to promote both trees and solar panels by providing a way to resolve these conflicts. If you remove a native tree like an oak tree and it is protected in your city, you can expect hefty fines. Pursuant to Section 25983 of the Public Resources Code, a tree owner who fails to remove or alter a tree or shrub after receiving a written request from the owner of the affected solar collector commits private harassment under California Civil Code Section 3481. The owner of the solar panel can bring a civil action against the owner of the tree for the elimination of the nuisance. While there may be different laws, the overall goal is to give oaks the protection they deserve. California Oak Law allows individual owners to cut and remove oak trees on their properties, but they must obtain and obtain permission from the local county.

The underlying principle is that if an oak tree is dead, it must be removed. However, the authorities do not want this provision to be abused by local residents and cut down a healthy tree. California`s tree pruning laws look at this issue from the perspective that where it is inevitable, trees must be cut down. Laws regarding the removal of all trees, including oaks, vary and one rule in Los Angles will be different from the rules in San. If you live in Florida, you`ll need to think twice before removing or cutting oaks. All cities and counties have strict laws governing tree pruning and removal. If you remove your oak “just because”, you will have to pay for it yourself. Even tall old oaks need to be removed from time to time, so just because your tree is protected doesn`t mean it`s impossible to get permission to remove it.

That being said, you need to review the tree ordinance to keep your city safe. Some cities are a little more relaxed when it comes to removing trees. If your oak tree has been damaged or fallen in a storm, chances are your home insurance will cover tree removal and repairs to your home or belongings. Oaks are specifically protected by name in some cities in California and Florida (e.g., Los Angles), but in most cases they fall under the general tree protection laws set forth in each tree ordinance in the city. Below is more specific information about oak protection laws in general, as well as California and Florida. Here in the City of Trees, our urban forest sometimes leads to conflicts between neighbours and between citizens and the city. Some of the laws that apply to trees are somewhat surprising, such as the fact that trees can also be a fence and homeowners are responsible for repairing the sidewalk along their property – even if a city tree causes the damage. Protection laws usually only apply to medium to large specimens, but again, you need to check this to be sure. If you have an oak tree on your property that is protected by city or state removal laws, you must apply for a permit to remove the tree.

Oak wilt is a terrible fungal disease that causes the tree to wilt, lose its leaves and ultimately die. This is transmitted from tree to tree, so infected trees must be removed and disposed of. Preserving trees in cities and planting trees in new developments significantly improves the quality of life of the people who live there. How you care for an oak tree depends on the age and condition of the tree. In addition, various factors such as where you live and how much light or rain the tree receives determine what you need to do. Since every tree is different, the price will vary, so it`s best to get a price from an arborist in your area and compare them before proceeding. If it is greater than 8″, you must apply to the city for a permit to remove the tree. In general, homeowners can plant, prune and remove trees on their own property without permission. However, the City and County of Sacramento protect certain categories of trees, including those on private property.

(City of Sacramento Department of Public Works, “Tree Questions”) Similar orders apply to Rancho Cordova, Elk Grove and Citrus Heights, as well as other California cities and counties. These rules also apply to pruning, cutting, paving or disturbing the tree in any way. For saplings, you need to implement an irrigation program and cut it to a single main conductor. A critical factor in getting approval to remove your oak is why you want to remove the tree. A certified arborist can create a Safe and Useful Life Expectancy (SULE) report to determine the viability of maintaining a tree. If the tree is considered a hazard rather than an asset, the reasons for removing the tree can be discussed. Oaks have cultural heritage value and governments enact laws to protect them. The state of California is no exception. Most urban construction and development activities are done by destroying vegetation and paving the way for buildings. Trees are essential to maintain vegetation cover and maintain ecological balance.