Protected Tree Species: Rialto vs San Bernardino
How do protected tree species rules compare between Rialto, CA and San Bernardino, CA?
Rialto has fewer restrictions than San Bernardino.
Rialto, CA
San Bernardino County
Rialto's municipal code does not designate a list of protected native tree species. Native and sensitive species are instead protected through state law (CEQA, California Fish and Game Code §1600 series for riparian, and federal/state endangered species rules) and through site-specific biological mitigation conditions during entitlement review under Title 18 Zoning.
View full Rialto rules →San Bernardino, CA
San Bernardino County
Western Joshua trees are protected under California's Western Joshua Tree Conservation Act of 2023. Removing or relocating them in San Bernardino County requires a state permit and mitigation fees, with additional county Native Desert Plant Protection rules.
View full San Bernardino rules →Key Facts Comparison
| Fact | Rialto | San Bernardino |
|---|---|---|
| Local protected species list | None codified in Rialto | - |
| CEQA review | Required for discretionary projects affecting natives | - |
| Riparian trees | CDFW §1602 Streambed Alteration Agreement | - |
| Nesting birds | Feb 1 - Sept 15 survey window typical | - |
| Joshua tree | Protected statewide (Fish & Game Code §§1927-1927.13) | - |
| State law | - | AB 1283 of 2023 |
| Permitting agency | - | CDFW |
| County ordinance | - | Native Desert Plant Protection |
| Mitigation fee | - | Thousands per tree |
Highlighted rows indicate differences between cities.
Rialto FAQ
Are native oaks protected in Rialto?
There is no Rialto-specific oak ordinance, but CEQA review on discretionary projects typically requires mitigation for native oak removal.
Can I remove a tree with a bird nest in it?
Not if the nest is active - state Fish and Game Code §3503 and the federal MBTA prohibit destruction of active nests. Wait until the chicks have fledged or consult a qualified biologist.
Does the Joshua tree law affect Rialto?
The Western Joshua Tree Conservation Act protects Joshua trees statewide. They are uncommon in Rialto proper but if present on your parcel, a state take permit is required to remove them.
San Bernardino FAQ
Can I remove a Joshua tree on my own land?
Not without a CDFW permit. Even on private land you must apply, document the take, pay mitigation fees, and may be required to relocate or replant. Hazard removals follow expedited processes.
What other desert plants are protected?
California Desert Native Plants Act protects yucca species, agave, mesquite, palo verde, ironwood, ocotillo, smoke tree, and barrel cacti. County ordinances may add additional native species in mountain and desert zones.
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