Who is legally responsible – me or my tree service?

The LTO is required to know all applicable laws and rules related to conducting timber operations, assist the landowner with forms, inspection and filing, BUT it’s the landowner who is liable and responsible. You hired the professional…you are responsible. Like so many other laws, ignorance is no excuse.

As plainly stated on an “Exemption Notice”, the Forest Practice Rules are critical for the landowner to fully understand PRIOR to harvest, because the landowner directly incurs liability.

Since a private property tree removal exemption requires no professional oversight, this can easily spell disaster, and get very, very expensive. Environmental damage, loss of neighborhood aesthetic, and property values can result in angry neighbors as well as expensive fines.

Why all these rules?

Rules are created because people do things that create havoc for the environment when they harvest trees. There are also plenty of people who would do whatever they want without concern for neighbors, trees, wildlife, etc. Rules and laws have a lot in common…you break the rules… you pay legal consequences. It’s not just the environment that suffers.

The intent of the Forest Practice Rules is that a Registered Professional Forester (RPF), who prepares a Timber Harvest Plan (THP), will consider the range of tree harvest methods, operating methods, and procedures to avoid adverse effects on the environment from harvesting. Basically, the RPF creates a written “how-to-do-it” plan for a LTO to follow.

What Homeowners get is an EXEMPTION – in essence, a notice that says this is a small job, and it doesn’t require the full oversight of a large timber harvest.

What does Cal-Fire consider to approve a plan?

Basically, they want to make sure that trees are removed in a way that does the least amount of harm to wildlife habitat, that diversity of plant life is maintained, shade and sun balanced for a particular environment, and watersheds and watercourses are disturbed the least amount possible.

For instance, if protected species are in the area, then either the work is not done, or it is postponed during mating and rearing stages. If trees are removed on a hillside, then potential erosion is part of what is considered, monitored and controlled. There are many factors, and they all need to be taken into consideration

Why is this important?

Forests, and the individual trees that make that forest, are a Public Resource. Homeowners cannot be expected to know environmental issues, laws and rules. These laws exist to protect the environment as a whole, an entire watershed, a climate zone, whatever applies to the area in which you live. Your neighborhood and neighbors are part of the overall picture. It’s not just you and your yard.

My property is near a lake, river, or stream.

The area of greatest liability, and often confusion, is surrounding the issue of harvesting timber in or near Watercourse and Lake Protection Zones also known as a (WLPZ). Customarily, harvesting timber is not allowed in this area. Due to the potential exposure to liability, it is best to find a Timber Operator with experience in environmentally sensitive areas if you live along a watercourse. Ask to review a work-site currently under way. This will tell you a lot more about the business you are hiring than a single interaction with someone from a company.

Check references and request direct testimonial from people with similar type of jobs – past performance is the best indicator of future performance. Basically, trees can’t be “put back” and they can’t be “fixed” once they are damaged. It takes many years for an environmentally sensitive area to recover from damage.