§ 88.01.090  Tree Protection from Insects and Disease.
   This Section provides regulations for the treatment and disposition of felled trees in the Mountain Region to protect against damaging insects (e.g. bark beetles) and diseases.  The intent is to mitigate the serious danger posed to forests from coniferous trees that are cut in land clearing operations and are then allowed to remain exposed and untreated against noxious insects, which then multiply in the felled trees to later attack and damage healthy coniferous trees. 
   (a)   Applicability.  The provisions in this Section apply to coniferous trees located on land in the Mountain Region.  Every person, firm, or corporation, whether as principal, agent, or employee, that has control of, right of entry on, or access to land in the Mountain Region shall comply with this Section.
   (b)   Treatment of Felled Trees.  Except as otherwise provided by this Section, felled coniferous trees, portions of trees, and stumps shall be treated in compliance with at least one, or a combination, of the following methods and the method in Subdivision (c) (Stump Treatment), below, within 15 days after a coniferous tree has been cut. 
      (1)   Remove to a solid waste disposal site specifically designated by the County for this type of use.
      (2)   Burn sufficiently to consume the bark, when allowed by the Fire Department and the Air Pollution Control District.
      (3)   Lop and scatter material less than four inches in diameter so that it is piled no higher than 24 inches above the ground, when allowed by the Fire Department.
      (4)   Remove the bark.
      (5)   Chip or grind.
      (6)   Split and scatter with bark toward the sun for a minimum of 45 consecutive days or until final inspection is completed, whichever is less.
      (7)   Stack in the sun and cover with six mil clear plastic, which has a continuous seal from the outside and for at least 180 days.
      (8)   Spray with a commercial insecticide, as approved by the Agricultural Commissioner for these insects and purposes.
      (9)   Treat under any other method approved by the enforcement officer in writing.
   (c)   Stump treatment.  Fresh cut stumps of live coniferous trees shall be protected from infection by Annosus Root Rot (Fomes annosus) with borax powder (granular tech, ten mole) as soon as possible after felling, covering the entire newly exposed cut and/or broken surface completely with a thin uniform layer of white borax within two hours.
   (d)   Inspections.  In the case of construction activity, the Building Official shall not approve development permit inspections until felled coniferous trees, portions of trees, and stumps are treated in compliance with this Section.
   (e)   Certificate of Compliance.  Where trees have been treated by an approved method and the evidence of treatment is not readily observable to the inspector on the construction site, the Building Official shall require a permittee to obtain a certificate that the treatment has been completed in an acceptable manner.  The certificate may be from one of the following authorities
      (1)   Fire Chief.
      (2)   Agricultural Commissioner.
      (3)   Appropriately certified Pest Control Adviser as defined in Food and Agricultural Code §§ 11401 et seq.
      (4)   Qualified Applicator as defined in Food and Agricultural Code §§ 11401 et seq.
   (f)   Extension of Time of Enforcement.  If compliance with Subdivision (b) (Treatment of Felled Trees) and Subdivision (c) (Stump Treatment) within the specified time periods is impractical because of inaccessibility to the cut timber due to snow or flooding, an enforcement officer may extend the period of time for compliance.
(Ord. 4011, passed - -2007)