The expert report is the key. 21.64.260. Preservation of oak and other protected trees. - eLaws No oak or madrone tree six inches or more in diameter two feet above ground level shall be removed in the North County Area Plan or Toro Area Plan areas without approval of the permit (s) required in Subsection 21.64.240D. PDF El Dorado County Every state allows property owners to trim and remove branches, shrubs and roots that invade their property but most states require the owner to first give the owner of the tree or shrub adequate notice to solve the problem him or herself and advise them that such cutting is planned. Applicability. The contracted work consists primarily of area trimming and removal of large, dead, or diseased trees. By Dale Alberstone, Esq. If a nuisance conflicts with another persons quiet enjoyment of the use of the adjoining property, a cause of action lies including the right to seek an injunction ordering the end of the nuisance by removal, repair, rehabilitation or demolition. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. The current Best Management Practices as promulgated by the University of California The court is very likely to treat an expert report with respect and take action. Berkeley's Boalt Hall. Meeting with a lawyer can help you understand your options and how to best protect your rights. Section, unless a valid permit has been obtained and is in effect. Should the interference be more problematic, a neighbor may have the right to sue. Make the first cut on the bottom of the branch about 18 inches away from the branch collar. Oak trees on land being converted to irrigated farmland where a Use Permit is required By law, you have the right to trim branches and limbs that extend past theproperty line. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. 3rxwB"7:u~;?FYp*q$n;s"%sh`1?)?%mP6T In addition, a person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent. The General Plan would also be updated, as would the citys ordinance. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree."
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