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East County News Service
March 21, 2016 (San Diego’s East County) – Insect infestations and drought have killed off thousands of oak trees in San Diego County and more statewide. Now Assembly Bill 2162, the Oak Woodlands Protection Bill, has been introduced by Assemblyman Kansen Chu. (Read full text.)
The measure seeks to protect old-growth oak forests and prevent the massive conversion of oak woodlands to urban, suburban and agricultural uses. It would create an Oak Woodlands Protection Fund. Permits would be required for oak tree removal, with permit fees paid into the fund so that no allocation of state revenues would be required.
Permits could be denied if an oak is close to waterways or if it would result in removal of over 10% of the forest canopy that existed before January 1, 2015.
The law is well-intentioned given the vast destruction of oak forests through the gold-spotted oak boring beetle and other predators, drought, wildfires, and development. But the current language raises some concerns.
The measure does not appear to have an exception to allow broader removal of infested trees, even if doing so could save other trees from destruction by deadly pests. The measure does not spell out the fee costs, or whether those could pose a substantial financial burden to existing landowners in rural areas with large properties hard-hit by infestations or trees killed by drought.
The law would not apply to oak removal for creation of firebreaks, fuel removal or right-of-ways. Removing a protected oak tree without a permit could result in a $25,000 fine for each violation.
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