Oak Resources Conservation Ordinance

The ordinance applies to all privately-owned lands within the unincorporated area of the County at or below the elevation of 4,000 feet above sea level. If you need help determining if your property falls within this description, please contact the Planning Division (contact info above). Some projects such as approved defensible space activities, may be exempt.

It depends. Some oak tree removals are exempt from the permit process and/or mitigation. If you are proposing to remove a healthy oak tree due to proposed development on your property, you will most likely need to obtain a permit and mitigate the removal. In situations where the tree is dead, dying or diseased, as determined by a qualified professional, the activity is exempt from mitigation, but may still require a permit for removal. Trees with a single main trunk measuring less than 6” diameter in size are exempt from permit and mitigation. See other questions below for more exemptions/information.

For insurance-required oak removal, submit an Administrative Permit application along with an assessment from a qualified professional or written documentation from the property owner’s insurance company necessitating the oak removal.

If the tree fell or was damaged due to a natural disaster, it is exempt from a permit and mitigation. Documentation of the damage for your records is strongly encouraged.

Approved defensible space activities are exempt from permit and mitigation. Please visit the Office of Wildfire Preparedness and Resilience website for more information regarding defensible space and inspections: https://www.eldoradocounty.ca.gov/Public-Safety-Justice/Wildfire-Disaster/Office-of-Wildfire-Preparedness-and-Resilience

If you need to remove dead, dying or diseased oak trees from a property and it does not fall under an approved defensible space activity, you will need to obtain an Administrative Permit from the Planning Division. A Certified Arborist, Qualified Wildlife Biologist or Registered Professional Forester must certify in writing that the tree(s) are dead, dying or diseased or exhibit high failure potential with the potential to injure persons or damage property. Oak trees that meet this standard are exempt from mitigation.

Minor trimming is permitted and exempt from a permit and mitigation (except for Heritage Trees, individual valley oak trees, and valley oak woodlands). “Minor trimming” means the cutting of dead or diseased limbs or twigs, parts which may result in damage to an existing dwelling, parts which must be removed for safety or public utilities or pruning to promote the health or growth of the tree. Trimming which substantially reduces the overall size, density or alters the natural shape of the tree is not considered minor trimming.

Oak tree(s) can be removed for personal use (e.g. firewood, woodworking or fabrication of oak wood products) with an approved Administrative Permit. Limited to a total of 8 trees, totaling no more than a combined 140 inches of diameter at breast height (dbh) per year. Native oak tree removal for personal use is exempt from mitigation. Heritage Trees or individual valley oak trees and valley oak woodlands can be removed for personal use with a permit but are not exempt from mitigation. Please note that if there is removal of oak trees for personal use, development will not be permitted in that area for a period of 2 years.

The County cannot provide recommendations for a licensed professional. However, these are some useful search tools: https://www.isa-arbor.com and https://www.treesaregood.org/findanarborist/arboristsearch

Mitigation is an action that takes place to lessen the impact or severity of an action. If removal of an oak tree on your property does not qualify for an exemption you will be required to mitigate the removal by either paying a fee or replanting. Please refer to Chapter 130.39(PDF, 7MB) of the County Zoning Ordinance for mitigation options.

Yes. Fines shall be issued for unpermitted removal of; oak woodlands up to three (3) times the current oak woodland in-lieu fee amount; individual native oak trees up to three (3) times the current market value of replacement trees; and heritage trees up to nine (9) times the current market value of replacement trees.

Means any live native oak tree of the genus Quercus (including blue oak (Quercus douglasii), valley oak (Quercus lobata), California black oak (Quercus kelloggii), interior live oak (Quercus wislizeni), canyon live oak (Quercus chrysolepis), Oregon oak (Quercus garryana), oracle oak (Quercus x morehus), or hybrids thereof) with a single main trunk measuring 36 inches dbh or greater, or a multiple trunked tree with the aggregate diameter of the three largest trunks measuring 36 inches dbh or greater.

Means any live native oak tree of the genus Quercus (including blue oak (Quercus douglasii), valley oak (Quercus lobata), California black oak (Quercus kelloggii), interior live oak (Quercus wislizeni), canyon live oak (Quercus chrysolepis), Oregon oak (Quercus garryana), oracle oak (Quercus x morehus), or hybrids thereof) with a single main trunk measuring six (6) inches dbh or greater but less than 36 inches dbh, or with a multiple trunk with an aggregate trunk diameter measuring greater than ten inches dbh and is not a Heritage Tree.

Diameter at Breast Height (dbh) means the measurement of the diameter of a tree in inches, specifically four feet six inches above natural grade on the uphill side of the tree. In the case of trees with multiple trunks, the diameter of the three largest stems (trunks) at breast height shall be combined to calculate the diameter at breast height of the tree.

If you qualify for an exemption the application fee is $56.76, otherwise the application fee is $395.26.