As an alternative to the Government Hazard Tree Removal Program, the Private Tree Program provides the owner with the option of identifying and removing hazard tree(s) on their property at their own cost. To participate in the Private Tree Program, owners shall submit either of (1) an inspection access form or (2) an Arborist's/ Forester's Certification for their property. Following the owner's identification and removal of hazard trees and submittal of an inspection access form, the Private Tree Program shall require the Enforcement Officer to make a visual confirmation of the removal of hazard trees on the subject property. This visual inspection of compliance with the Private Tree Program shall be sufficient for meeting the requirements of this Section. Whether the hazard tree removal is adequate shall be in the sole discretion of the Enforcement Officer. In the alternative, a submittal of an Arborist's/Forester's Certification shall be sufficient for meeting the requirements of this section.
Notwithstanding anything herein to the contrary, in the Private Tree Program, owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Chapter 38A of the Butte County Code. Such requirements include but are not limited to the following:
In storing such hazard trees prior to utilization, an owner shall be required to:
I. Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure;
II. Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and
Ill. Maintain a setback around the parcel's property lines of no less than thirty (30) feet wide.
If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure.
If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcing Officer's visit to the property to confirm compliance with the Private Tree Program.
For the purposes of this Section, any temporary retention and utilization of felled hazard trees by the property owner is not a Temporary Log Storage Yard (AKA: Log Deck) as described above. Owners may not receive felled trees from other properties.
The County shall utilize the state and federal standards and cleanup goals of the Government Hazard Tree Removal Program as the standards for the Private Tree Program, including, but not limited to, the criteria for determining whether a tree is a hazard tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Hazard Tree Removal Program and the need to efficiently remove hazard trees from the community.
(§ 2, Ord. 1531, eff. December 15, 2020)