Tuolumne County has no general tree-removal permit, but Chapter 9.24 (Ord. 2903, 2008) regulates 'premature removal' of native oaks tied to land-development projects. Triggered removals require mitigation under the County's Biological Resources Conservation Handbook before any permit or entitlement issues; the Community Development Director enforces it.
Tuolumne County's tree-protection mechanism is Chapter 9.24 of the Ordinance Code, 'Premature Removal of Native Oak Trees' (added by Ord. 2903 in 2008). Rather than a free-standing tree-removal permit, it operates through the County's discretionary land-development review: removing native oaks meeting set criteria within the five years before applying for a discretionary entitlement is deemed 'premature removal.' Section 9.24.030 lists the triggers: (A) a 10% or greater average decrease in native oak canopy within an oak woodland; (B) removal of any old-growth oak (24 inches or greater dbh); or (C) removal of any valley oak 5 inches or greater dbh. Key definitions (Section 9.24.020): 'dbh' is measured 4.5 feet above ground; an 'oak woodland' has 10% or greater canopy cover over at least two acres, formed by two or more native oaks 5 inches or larger dbh spaced under 170 feet apart. Section 9.24.040 exempts removals under a ministerial permit or already-approved discretionary entitlement, state-agency permits, an approved timber harvest plan, Community-Development-approved health-and-safety removals, an approved fire-hazard-reduction plan, agricultural-zone production, and approved silvicultural treatment. When premature removal occurs, mitigation per the County's Biological Resources Conservation Handbook is required (Section 9.24.050), prepared by a qualified resource professional, and the owner cannot obtain any permit or entitlement for the site until mitigation is implemented or secured by a financial assurance and security agreement (Section 9.24.060). Enforcement is the Community Development Director's duty (Section 9.24.100). Note this is distinct from the fire-driven Chapter 8.14 hazardous-vegetation rules, which can require removing dead trees and ladder fuels for defensible space.
Premature removal of protected native oaks carries penalties under Section 9.24.070: the County may withhold and defer approval of a discretionary entitlement on the project site for up to five years, and impose monetary fines as high as three times the in-lieu mitigation fee set by the Board of Supervisors, deposited in the Tuolumne County Oak Woodland Conservation Fund (fines due within sixty days of a determination). No permit or entitlement issues for the site until required mitigation is implemented or financially secured.
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