Tree
Ordinance
Monterey City Code,
CHAPTER 37 - Preservation of Trees and Shrubs
(READ
DISCLAIMER)
Beginning in 1991, the City established an ordinance for
the preservation of both City and private trees. In 2003, the City Council
made some changes to that ordinance. The City regulates the trimming and
removal of City trees and requires a permit to remove private trees larger
than 6 inches in trunk diameter. Under the new ordinance, the monetary value
of trees that are removed and the type and size of the replacement required
are more specific. To better protect both City and private trees from
damage, the ordinance better defines "excessive pruning" and prohibits such
pruning.
Within the 2003 ordinance, there are currently 15 trees
that are designated "Local Landmark Tree", which means they are trees of
such unusual size, prominence or health that they are of significant value
to the community. The ordinance outlines the nomination process for
designating a Landmark Tree, including the tree owner’s consent and the
approval of the Architectural Review Committee. The City will place a tag on
all approved Landmark Trees indicating "Local Landmark Tree – Do Not Trim or
Remove without City Approval." See
Section
37-12 Local Landmark Trees
The "local landmark
tree" category establishes a process for reviewing and recommending trees that should
be protected and preserved because of their outstanding size, prominence, and / or health.
Setback variations and variance applications will be seriously considered to assist
preservation where landmark trees may constrain reasonable development of permitted uses.
Existing development on similar sites in the same zone and having similar topographic and
vegetation characteristics shall be considered when determining reasonable development on
property containing landmark trees.
The intent of the ordinance is to better clarify the role
of tree preservation in the community with regard to the replacement of
trees on private property and punitive damages for trees that are removed
illegally. Our forestry staff currently reviews 350 to 400 requests per year
for tree removals on private property, of which the majority are approved
with a required replacement. While this ordinance will help to promote,
regulate and enforce the preservation of trees, ultimately it is the
community that provides the strongest support for preserving our urban
forest.
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