California Statewide Rule
California Native Oak and Heritage Tree Protections
Key Facts
- CEQA oak rule
- PRC 21083.4
- Conservation Act
- Fish & Game Code 1360-1372
- Forest Practice Act
- PRC 4511 et seq.
- Civil penalty
- Up to $10,000/day
Summary
California provides statewide protections for native oak woodlands and heritage trees through CEQA review, Public Resources Code, and Forest Practice Rules that apply uniformly.
(b) As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands: (1) Conserve oak woodlands, through the use of conservation easements.
Full Breakdown
Public Resources Code Section 21083.4 requires counties to determine whether projects with significant oak woodland impacts must mitigate under CEQA, including conservation easements or in-kind tree planting. The Oak Woodlands Conservation Act (Fish and Game Code sections 1360-1372) authorizes the Wildlife Conservation Board to fund oak protection. The Z'berg-Nejedly Forest Practice Act (PRC 4511 et seq.) regulates commercial timber operations including heritage species. Local agencies cannot exempt projects from CEQA oak review and must apply state Forest Practice Rules to qualifying timberland conversions.
Violations & Penalties
CEQA noncompliance may void project approvals; Forest Practice Act violations carry civil penalties up to $10,000 per violation per day.
Frequently Asked Questions
Does California require permits to cut a backyard oak?
What counts as oak woodland under PRC 21083.4?
Sources
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