Laws that interfere with
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A multitude of local, state, and federal laws add costs, delays, requirements, restrictions, and threats of fines, jail time, and opportunity for litigation; which act to discourage, hinder, and block wildfire fuel reduction work; ultimately increasing the threat of wildfires to lives, property, and resources.
Read this page to learn about regulatory problems and how you can help fix them by contacting your elected representatives.
Read this page to learn about regulatory problems and how you can help fix them by contacting your elected representatives.
Monterey County Laws That Interfere >
State Laws That Interfere >
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Monterey County Laws and Policies that can Interfere
With Wildfire Fuel Reduction Work
Monterey County's cities make up less than 2 percent of the County's 2.1 million acres, so most land in the county in need of wildfire fuel reduction work outside federal jurisdiction falls within County jurisdiction (about 1.6 million acres).
In 2019 and 2020, Monterey County staff reported to the Monterey County Board of Supervisors that existing local, state, and federal laws interfere with wildfire fuel reduction work, including interfering with creating the minimum 100 feet of defensible space required by law, stating the following in a 2020 report to the Board of Supervisors (emphasis added),
In 2019 and 2020, Monterey County staff reported to the Monterey County Board of Supervisors that existing local, state, and federal laws interfere with wildfire fuel reduction work, including interfering with creating the minimum 100 feet of defensible space required by law, stating the following in a 2020 report to the Board of Supervisors (emphasis added),
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"In May 2019, staff from the county Resource Management Agency (RMA), Resource Conservation District of Monterey County (RCDMC), and CALFIRE presented a report to the Board about regulations that govern fire fuel reduction for defensible space on private property. The report highlighted how both County staff and the public are often challenged by the many federal, state, and local regulations governing fire fuel management on private property. These regulations are oftentimes not consistent and sometimes in conflict with each other. After the presentation, the Board directed staff to return in the future with an update as to how RMA has updated its website concerning fire fuel modifications and defensible space. The Board also asked RMA to consider changes to its Fire Prevention Policies in its long-range planning program…"
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In the intervening years, laws that act to discourage, hinder, or block wildfire fuel reduction work (including County laws) have not been amended to allow the work without regulatory hindrance.
Information on the need to reduce wildfire fuels is on this page, and decades of bipartisan state and federal reports on the wildfire fuel accumulation problem are here, some of which discuss the need to amend environmental laws to enable wildfire fuel reduction work.
Below are Monterey County regulations/policies that apply to creation of defensible space and other wildfire fuel reduction work, as of January, 2023.
Some Monterey County ordinances apply county-wide, some apply only inland (outside the California Coastal Zone), some apply only in particular inland planning areas, some apply only within the Coastal Zone, and some apply only in one or more of Monterey County's four coastal planning areas.
Information on the need to reduce wildfire fuels is on this page, and decades of bipartisan state and federal reports on the wildfire fuel accumulation problem are here, some of which discuss the need to amend environmental laws to enable wildfire fuel reduction work.
Below are Monterey County regulations/policies that apply to creation of defensible space and other wildfire fuel reduction work, as of January, 2023.
Some Monterey County ordinances apply county-wide, some apply only inland (outside the California Coastal Zone), some apply only in particular inland planning areas, some apply only within the Coastal Zone, and some apply only in one or more of Monterey County's four coastal planning areas.
Monterey County laws/policies that apply in inland/non-coastal areas
- The County's Protected Tree Ordinance, 21.64.260 (states it applies in inland/non-coastal areas)
- The County's document that explains which trees are Protected Trees within different inland planning areas, including exemptions, and including protection of "Potentially Protected Trees Regardless of Type or Size"
- The County's map of planning areas
- The County's Tree Removal Permit Process document
- The County's Tree Removal Permit Application for removal of three trees or less
- The County's Permit Instructions & Filing Procedures document
- The County's 2010 General Plan, Conservation & Open Space policy OS-5.25 (page C/OS-14)
- The County's Site Plan Requirements (search that doc for birds-eye to see site plan requirements)
- The County's Land Use Permit Fee Schedule
- The ISA Basic Tree Risk Assessment Form the County requires the form be filled out by a "County-certified tree consultant trained to prepare tree hazard evaluations"
- The California Environmental Quality Act (CEQA)and its regulations CEQA is a state law that only applies to government, not individuals. However, CEQA can be triggered when a local government, like the County, requires a discretionary permit to do something (generally, a discretionary permit is a permit that can be conditioned or denied). In such cases the local government typically places the cost of complying with CEQA on the permit applicant. CEQA is referenced here because the County's tree removal permit processes can require discretionary permits that apparently trigger CEQA. The Governor's Office of Planning and Research refers those interested in CEQA to the handbook linked to above.
- The County's list of approved Foresters
- The County's list of approved Arborists
- The County's list of approved Biologists
The County has an Administrative Tree Removal Permit for Fire Hazard Management, which you can read about on page 4 of this document.
That permit process requires:
The Site Plan required for that process apparently requires locating each tree on the property (per the site plan provisions on page .removal of trees, and no limit on the number of trees that can be removed
If three or fewer protected trees are to be removed, the County requires that an Administrative Tree Removal Permit (ATRP) be applied for. The fee for an ATRP depends upon which process is used. If the tree removal is for wildfire mitigation purposea "standard" . more than 3 trees are to be removed, the county requires an
That permit process requires:
- A completed Tree Removal Permit Application (apparently an Application for Administrative Tree Removal if 3 trees or less, or a Development Permit Application if more than 3 trees (per page 1 of the County's Permit Guide),
- A letter from a Fire Marshal,
- A Site Plan approved by a Fire Marshal .
The Site Plan required for that process apparently requires locating each tree on the property (per the site plan provisions on page .removal of trees, and no limit on the number of trees that can be removed
If three or fewer protected trees are to be removed, the County requires that an Administrative Tree Removal Permit (ATRP) be applied for. The fee for an ATRP depends upon which process is used. If the tree removal is for wildfire mitigation purposea "standard" . more than 3 trees are to be removed, the county requires an
Monterey County's 2010 General Plan
The County's 2010 General Plan's policies are supposed to apply only in inland/non-coastal areas, however, County policy papers apply some policies county-wide, including in the coastal zone.
Applicable General Plan policies are:
The County's 2010 General Plan's policies are supposed to apply only in inland/non-coastal areas, however, County policy papers apply some policies county-wide, including in the coastal zone.
Applicable General Plan policies are: