CHAPTER 6.3. Oak Woodlands Protection Act

1625. This chapter shall be known, and may be cited, as the Oak Woodlands Protection Act.

1626. The Legislature hereby finds and declares all of the following: (a) The conservation of oak woodlands enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides sustainable habitat for over 300 wildlife species and 2,000 plant species, reduces soil erosion, sustains healthy watersheds and water quality, moderates temperature extremes and climate change, and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the State of California. (b) Widespread changes in land use patterns across the landscape and habitat loss due to the pathogen Phytophthora ramorum, commonly known as Sudden Oak Death, and infestations of the Goldspotted Oak Borer parasite, are fragmenting oak woodlands’ wildland character over extensive areas of the state. The combination of human impact and other impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately. (c) The future viability of hundreds of California’s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales. (d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state’s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health.

1627. It is the intent of the Legislature that this chapter be construed in light of the following primary objectives: (a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat. (b) To provide maximum conservation of the oak woodlands ecosystem. (c) To ensure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available scientific information and habitat mitigation measures. (d) To restore and perpetuate the state’s most biologically diverse natural resource for future generations of Californians.

1628. For purposes of this chapter, the following terms have the following meanings: (a) “Canopy cover” means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree. (b) “Oak removal” means causing an oak tree to die or be removed as a result of human activity by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping, or damaging of roots. (c) “Oak removal permit” means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629. (d) “Oak removal plan” means an oak woodlands biological impacts evaluation and site-specific management plan. (e) “Oak tree” means any tree in the genus Quercus that is not growing on timberland. (f) “Oak woodland” means a land with a greater than ten percent oak canopy cover, or that can be demonstrated to have historically supported greater than ten percent oak canopy cover, and that meets either of the following: (1) A nontimberland area on a parcel of five or more acres containing oak trees. (2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees. (g) “Parcel” means a single assessor’s parcel of land as shown on maps produced by the county assessor. (h) “Riparian hardwood” means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir. (i) “Timberland” has the same meaning as defined in Section 4526 of the Public Resources Code. (j) “Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, a “stream” as defined in Section 4528 of the Public Resources Code.

1629. (a) (1) Unless an oak removal plan and oak removal permit application for oak removal has been submitted to and approved by the director, a person shall not remove from an oak woodland during a calendar year either of the following: (A) A valley oak tree greater or equal to 10 inches in diameter at breast height. (B) For oak trees other than valley oak trees, 10 or more oak trees greater than or equal to 10 inches in diameter at breast height. (2) The director’s authority to approve an oak removal plan and oak removal permit application pursuant to this subdivision may be delegated by the director to regional managers in the department. (b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester. (c) Applications for oak removal permits shall be on a form prescribed by the director. (d) By June 30, 2016, the commission shall adopt regulations to implement this chapter, including regulations establishing an application fee for the cost of processing an application for an oak removal permit. The fee charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter. The regulations shall ensure that the canopy cover and mapping information contained in all oak removal plans submitted as part of an oak removal permit application is incorporated into a vegetation classification and mapping program maintained by the department. (e) The fee established pursuant to this section shall be deposited into the Oak Woodlands Protection Act Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the purposes described in subdivision (d).

1630. An oak removal plan, in a form prescribed by the commission, shall become part of the application for an oak removal permit. The oak removal plan shall set forth, but not be limited to, the following information: (a) Present and future parcel use. (b) Existing and proposed parcel canopy cover percentages. (c) A parcel map indicating the location of all proposed oak removal. (d) Diameter at breast height and type of oak species to be removed. (e) Number of acres on which oak removal will occur. (f) Habitat mitigation measures. (g) Information required pursuant to Section 21160 of the Public Resources Code.

1631. (a) The director’s decision to approve an oak removal permit pursuant to this chapter is a discretionary project approval subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (b) The director or commission may apply to the Secretary of the Natural Resources Agency to certify this program pursuant to Section 21080.5 of the Public Resources Code.

1632. (a) The director shall not approve an oak removal permit if any of the following exist: (1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter. (2) The director cannot make the findings specified in Section 21081 of the Public Resources Code. (3) Oak tree removal contemplated in the permit would remove more than 10 percent of the oak canopy cover that existed on January 1, 2015. (4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir. (5) There is evidence that the information contained in the application or oak removal plan is, in a material way, either incorrect, incomplete, or misleading, or is insufficient to evaluate the plan’s environmental effects. (6) The applicant does not have a legal or equitable interest in the property subject to the application. (7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law. (b) Paragraphs (3) and (4) of subdivision (a) do not apply to the removal of dead trees or the removal of oak trees to create legally required fire breaks, fuel breaks, and rights-of-way.

1633. (a) The applicant may appeal the director’s denial of an oak removal permit to the commission by filing a notice of appeal with the department within 15 days after notice of the denial. The commission shall hear the appeal within 60 days after the appeal is filed unless a later hearing date is mutually agreed upon by the applicant and the commission. (b) An applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall hear and decide appeals de novo.

1634. (a) A person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation of this chapter. (b) Oak removal permits approved pursuant to this chapter are construction projects as that term is used in Section 529.1 of the Code of Civil Procedure. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding either of the following: (1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued. (2) The remedy at law is inadequate.

1635. The permittee shall cause an approved oak removal permit to be recorded in each county in which the property is located before beginning any operations contemplated under the permit.