San Bernardino County's Development Code requires native and drought-tolerant plants in new and rehabilitated landscaping, and Chapter 88.01 protects native trees and desert plants from removal. Joshua trees and listed desert natives are regulated. Owners are encouraged to landscape with natives, but removing protected natives requires a permit.
San Bernardino County both encourages and protects native plants in unincorporated areas. On the landscaping side, Development Code Chapter 83.10 (Landscaping Standards) directs that 'native and drought-tolerant plant materials capable of surviving with a minimal amount of supplemental water shall be utilized,' that invasive plants be avoided near sensitive areas, and that fire-prone, highly flammable plants be avoided. The Chapter's purpose statement calls for preserving existing natural vegetation while incorporating native plants, plant communities, and ecosystems into landscape design where possible. On the protection side, Development Code Chapter 88.01 (Plant Protection and Management) regulates the removal of native trees and plants. In the Desert region, Section 88.01.060 protects listed desert native plants that may not be removed except under a Tree or Plant Removal Permit, including all Joshua trees, all century plants/nolinas/yuccas (family Agavaceae), smoketree and mesquites (with stems two inches or more in diameter or six feet or more in height), creosote rings ten feet or greater in diameter, and desert ironwood and palo verde (living or dead). These rules coordinate with the California Desert Native Plants Act (Food and Agricultural Code Section 80001 et seq.). In the Mountain and Valley regions, native trees with a six-inch-or-greater stem diameter are protected under Section 88.01.070. The County may require certification from a Desert Native Plant Expert, arborist, or registered professional forester for native plant work.
Removing or damaging a protected native tree or desert plant without a Tree or Plant Removal Permit is a misdemeanor under Section 88.01.050(j), with a fine of $500 to $1,000 per plant, up to six months in jail, or both, plus a mandatory replacement program. Landscaping that uses prohibited invasive or fire-prone plants on a permitted project can be required to be corrected.
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San Bernardino County, CA
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San Bernardino County, CA
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