Introduction to the Importance of Oak Trees in California
California’s coastal and interior valleys once supported an extensive oak woodland that is integral to California’s natural and cultural heritage. In the past, oaks covered nearly the entire state. Today, oaks are among the most common tree species in California and are found in all bioregions. As a result of historical land use practices such as logging, grazing, and other agricultural practices, California’s oak resources have been reduced to less than half of their former range and continue to decline at a rate of 3-5% annually due to residential development and fire suppression.
According to the California Oak Foundation, oaks provide us with a wide variety of ecosystem services in addition to their intrinsic value:
•Carbon Storage: Oaks sequester carbon dioxide from the atmosphere and store it as carbon, helping to offset greenhouse gas emissions.
•Air Quality: Oaks absorb toxic gases and air pollutants, improving our air quality.
•Erosion Control: Oaks minimize soil erosion by stabilizing dirt.
•Wildlife Habitat: Oaks are the uncontested king of California’s native trees in terms of wildlife value. Many of California’s 250 vertebrate species and 60-plus species of butterflies depend on oaks and oak woodlands for food and shelter.
•Recreation: Oaks provide opportunities for many kinds of recreation such as hiking, bird watching, star gazing, picnicking, and camping.
•Water Quality and Supply: Oaks help maintain water quality by filtering stormwater runoff, and provide us with an estimated $1 billion of clean water annually.
•Shade: Oaks cool our homes in the summer and pave the way for wide-ranging tree planting efforts across the state (e.g., Energy Upgrade California) that will significantly increase energy efficiency and reduce climate-changing carbon emissions over the coming decades.
•Leaf Litter: Oaks produce a steady supply of leaves, which decompose into a rich mulch, and are a food source for soil organisms that keep the soil healthy and fertile.
•Economy: California’s oak woodlands contribute more than $20 billion to our economy every year. Forest and fuel pine rangers , wildlife preserves, vineyards, orchards, parks and recreation facilities, and ranching are some examples of the many economic and ecological benefits the oak woodlands provide.
The California Department of Fish and Game has identified the western portion of the State of California as having a comparatively high density of special status species and habitats. The Biogeographic Information and Observation System ("BIOS") maps five identified oak tree/woodland areas: Valley Oak Riparian Forest, Montane Hardwood Conifer Hardwood Forest, North Coast Coniferous Forest, Mixed Evergreen Forest and Mixed Montane Hardwoods. Specifically, Valley Oak Riparian and North Coast Coniferous Forest is the ONLY one of these five oak tree/woodland areas that are protected by law and any removal of oak tree/woodland from these areas would require a permit from the California Department of Fish and Game.
The conservation of California’s oak woodlands directly contributes to California’s biodiversity, carbon sequestration, and ultimately to the sustainability of California’s native fauna and flora. Oak savanna and woodland habitats provide many ecosystem functions and values. Oaks are vital in the maintenance of diverse habitats, and provide habitat for over 100 vertebrate wildlife species, 8 species of amphibians, 118 species of butterflies and moths, and 39 species of dragonflies and damselflies; they also are used as forage by deer and cattle, as well as nesting sites for various bird species. Oak savanna and woodland provide branch and leaf forage for herbivorous mammals and birds. Oaks provide mast, an additional food source in the form of acorns. Acorns are highly nutritious for many wildlife species including mule deer. These distinct communities were historically maintained as a result of natural processes, including frequent low-intensity fires (e.g., surface fires), and to a lesser extent grazing, browsing, and trampling by native ungulates.
Significant Oak Tree Protections Provided By the California Law
Generally, oak tree protection in California can be divided into local regional ordinances and state laws. Local and regional laws can vary and not all jurisdiction ordinances specifically address protection for oak trees. For example, while Los Angeles County has no specific laws regarding oak tree protection, the City of Los Angeles does have a few sections of their tree code that mandate protection for certain large oak tree species when they’re located in street trees or parks.
State laws are more straightforward. The primary law, Government Code section 51179, limits the cutting or removal of trees in state-designated scenic areas. It is a misdemeanor to willfully cut, remove, injure or cut down any oak tree for commercial purposes. Government Code section 51178 defines "willfully cut" to mean, among other things, to cut or remove any live or dead native mature tree where it was growing on a lot or on nearby land and was a food source, nesting site or canopy for any wildlife at the time of removal:
"Willfully cut" means to cut or remove any live native mature tree or any live oak or black oak tree or black walnut tree where it was growing on a lot or on nearby land, and was a food source, nesting area, cover, or canopy, or had historical, ecological, or aesthetic values, at the time of its removal, to any wildlife, which wildlife includes mammals, birds, amphibians, reptiles, and fish in the area where the oak tree was growing at the time of its removal.
Conditions Under Which Removal of an Individual Protected Oak Tree Is Permitted
If a landowner desires to remove or significantly alter a protected oak tree, it is necessary to first determine whether a permit is required. In most cases, removal of protected oak trees is limited to certain sizes. For instance, in the City of San Diego, a Common, Southern Live, or Valley Oak that has a trunk diameter at breast height of 36 inches or greater requires an Oak Tree Removal/Relocation Permit prior to removal or relocation. If the tree has been certified as diseased or infested by a City-certified arborist, the permit requirement may be waived.
In Los Angeles, protected oak trees may not be removed without prior permission from the city. A tree trimming permit is required to trim roots and/or remove branches greater than three inches in diameter.
In addition, if any state agency is proposing removal or disturbance of an oak tree, that agency must prepare a report regarding the potential impacts to oak trees and include mitigation measures, if applicable. CEQA Guidelines § 15380 (d)(3). The CEQA Guidelines also state that "The removal of trees and shrubs, including those determined to be natives, is often a significant impact . . .". CEQA Guidelines § 15380 (c)(1).
If any oak tree removal, relocation, or alteration of any kind is contemplated on a project site, consultation with an experienced CEQA litigator is highly recommended.
Penalties for Violating the California Oak Tree Preservation Statutes
In addition to civil liability, the consequences of failing to comply with regulations regarding California Oak trees may have an adverse impact on how the Department of Fish and Game and other government agencies will view your environmental compliance. For example, if Fish and Game believes you have knowingly removed an oak tree in a manner that violates its laws or regulations, it will be less likely to arbitrate your violation at the administrative level. Instead, Fish and Game will probably file a criminal complaint and hand it to its prosecutors in the District Attorney’s office to pursue a criminal conviction against you.
Criminal penalties for oak tree crimes include imprisonment of up to 6 months in county jail and a fine of up to $10,000.00. In addition, Fish and Game will seek to make a defendant pay restitution to the victims, non-profit conservation organization organizations, with funds to be used for mitigation and programs to protect and restore California’s natural resources .
When Fish and Game goes after someone for crimes against protected oak trees, they will usually do so under the California Penal Code section 384.5. That section makes it a crime to "willfully or negligently injure[] or destroy[] any … oak tree … 5 inches or more in diameter at six inches above ground level." Punishment includes imprisonment in the county jail for not more than six months, and/or a fine of not more than $10,000, or both.
Contrary to some popular notions, this section is not a "strict liability" statute. There can be no criminal liability for oak tree crimes unless the perpetrator "willfully or negligently" took an action that violated the law (or failed to take an action which violated the law). Each of the two terms has its own meaning:
About Efforts to Protect a Protected Oak Tree
The preservation of oak trees often hinges on citizen involvement and activism. Individuals and communities can play an integral part in advocating for the protection and conservation of this valuable natural resource. Grassroots efforts are often very effective in raising awareness about the need to protect and conserve California’s oak trees. Those efforts can be realized through engagement with local environmental and preservation groups that have a vested interest in oak tree conservation. Also, the voice of the citizens and interest groups can be heard when presented to local governments and legislative bodies on the critical need to protect the oak trees in their specific community. We will discuss advocacy tools in two parts: advocacy at the local level and advocacy at the state level.
The Availability of Helpful Information
For general information about California oak tree protection laws, the following websites may be of interest:
California Department of Fish and Wildlife’s Native Oak Tree Conservation Planning Guide.
California Native Plant Society’s "Protecting California’s Native Oaks".
UC Cooperative Extension’s "Managing California’s Oak Woodlands" .
For a list of certified arborists in your area, visit the International Society of Arboriculture’s website.
For legal advice on the applicability of California oak tree protection laws to your situation, you should contact an attorney in your community who is knowledgeable about California’s oak tree protection and related environmental laws.