Removal of a deciduous oak in unincorporated Santa Barbara County may require a permit under County Code Chapter 35, Article IX (Sec. 35-901 et seq.). For wildfire defensible space, trees within 100 feet of a structure must be kept free of deadwood, spaced 10-15 feet apart, and pruned 13'6" above access roads.
Two separate regimes govern tree trimming and removal in unincorporated Santa Barbara County. (1) The Deciduous Oak Tree Protection and Regeneration ordinance (Chapter 35, Article IX; Sec. 35-901 "Title and Purpose," 35-902 "Applicability," 35-903 "Exemptions"), adopted as Ordinance No. 4490 on April 15, 2003, requires an Oak Tree Removal Permit from the Planning Commission for removal of qualifying deciduous (valley, blue, black) oaks where no other Chapter 35 development permit covers the activity. The Federal Government, the State of California acting in its sovereign capacity, the County itself, and state universities are exempt. Replacement standards apply where removal is permitted. (2) For wildfire defensible space, California Public Resources Code § 4291 — applied in the State Responsibility Area and incorporated through County Code Chapter 15 — requires that trees and shrubs within the 100-foot defensible-space perimeter be "maintained free of deadwood and litter," that specimens be spaced "a minimum of 10-15 feet, both horizontally and vertically, from other specimens, structures or surrounding native brush," that chimneys have a 10-foot clearance from tree canopy, and that trees overhanging access roads be trimmed to a minimum height of 13 feet 6 inches.
Removing a regulated deciduous oak without a permit can result in restoration/replanting orders and civil penalties under Chapter 35 enforcement provisions. Failure to maintain defensible-space tree clearance is enforced by the County Fire Department; the County may abate at the owner's expense and add costs and an administrative fee to the property tax bill.
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