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Lake County, CA Tree Protection: Protected Tree Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Sec. 21-27.13(at)(iii)(a)
Applies to
cannabis cultivation site development only
Protected trees
CCR §895.1 commercial species, true oak, tan oak
Standard
avoid and minimize, not an outright ban
Exceptions
pruning for health; removal for safety or disease
Penalty
up to $100 infraction or $500/6 months jail
Enforcement officers
Planning Director, Environmental Officer, Building Safety Director

Summary

Lake County's zoning ordinance directs anyone developing a commercial cannabis cultivation site to avoid and minimize removing commercial tree species regulated under California Code of Regulations section 895.1, plus true oak (Quercus) and tan oak (Notholithocarpus). Sec. 21-27.13(at)(iii)(a) exempts pruning done for tree health and removal necessary for safety or disease concerns.

These county ordinances apply to unincorporated areas of Lake County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a) Tree Removal

The removal of any commercial tree species as defined by the California Code of Regulations section 895.1, Commercial Species for the Coast Forest District and Northern Forest District, and the removal of any true oak species (Quercus species) or Tan Oak (Notholithocarpus spices.) for the purpose of developing a cannabis cultivation site should be avoided and minimized. This shall not include the pruning of any such tree species for the health of the tree or the removal of such trees if necessary for safety or disease concerns.

Full Breakdown

This tree-protection standard is written into the county's Commercial Cannabis Cultivation permit conditions at Sec. 13(at), under the "Prohibited Activities" subsection for cannabis land-use permits issued through Article 27 (Uses Generally Permitted) alongside the Minor/Major Use Permit process in Articles 49-51. It does not create a general tree-removal permit for all parcels; it is a condition attached specifically to developing a cannabis cultivation site. 1 for the Coast Forest District and Northern Forest District, and any true oak species (Quercus) or tan oak (identified in the code as Notholithocarpus).

Removing either category to develop a cultivation site "should be avoided and minimized," a directive standard reviewed by county staff at permitting rather than an absolute ban. Two carve-outs are built in: pruning of a protected tree for its own health is not restricted, and removal is allowed where necessary for safety or disease concerns. Because this sits inside Chapter 21 (the Zoning Ordinance), it is enforced the same way as other zoning conditions: Sec. 5, and Sec. 4(a) makes a violation of any zoning condition punishable as an infraction (fine up to $100) or a misdemeanor (fine up to $500 and/or up to six months in county jail), with each day of a continuing violation a separate offense. Sec. 4(b) additionally lets County Counsel pursue nuisance abatement through the Board of Supervisors for land use maintained contrary to the chapter.

Violations & Fines

Removing a protected commercial, oak, or tan oak tree for cannabis cultivation without meeting the avoid-and-minimize standard is enforced as a general zoning violation under Sec. 21-61.4(a): an infraction carrying a fine up to $100.00, or a misdemeanor carrying a fine up to $500.00, imprisonment up to six months, or both. Each day the violation continues counts as a separate offense, and the county can also pursue nuisance abatement under Sec. 21-61.4(b).

Frequently Asked Questions

Does Lake County restrict removing oak trees to plant a cannabis grow?
Yes, but only as a cultivation-permit condition. Sec. 21-27.13(at)(iii)(a) says removing a true oak (Quercus), tan oak, or CCR section 895.1 commercial tree species to develop a cannabis cultivation site should be avoided and minimized; it is reviewed by the county during permitting, not a blanket property-wide ban.
What counts as a protected commercial tree species under this rule?
The county incorporates the state definition by reference: any commercial tree species defined by California Code of Regulations section 895.1 for the Coast Forest District and Northern Forest District, plus true oak species and tan oak, which the ordinance names separately from the CCR list.
Can I still remove a protected tree near a cannabis site?
Yes in two situations the ordinance carves out: pruning done for the health of the tree, and removal that is necessary for safety or disease concerns. Both are excluded from the avoid-and-minimize standard in Sec. 21-27.13(at)(iii)(a).
What happens if a cultivator violates this tree condition?
Because it is a zoning ordinance condition, Sec. 21-61.4(a) applies: an infraction fine up to $100, or a misdemeanor fine up to $500 with up to six months in county jail, with each day of continued violation treated as a separate offense.

Sources & Official References

Other rules in Lake County

All Lake County rules

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