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64.1 VEGETATION REMOVAL, MAJOR

64.1.1 Purpose. The purpose of these provisions is to: (1) preserve and protect major vegetation within the County Coastal Zone that directly and indirectly prevents soil erosion, landslide and flood hazard; (2) reduce runoff, provide windbreaks or provide protection to adjacent trees from irreparable wind damage; and (3) protect property values and the local economy by maintaining the visual quality of the County, while respecting and recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent. (Former Section CZ#A314-20(A))

64.1.2 Major Vegetation Removal Permitted With a Special Permit in All Zones as an Accessory Use. Major vegetation removal may be permitted with a Special Permit in all zones, as an accessory use associated with a specified principal or conditionally permitted use. Major vegetation removal may be permitted with a Special Permit in conjunction with or prior to the establishment of a principal or conditionally permitted use. (Former Section CZ#A314-20(B))

64.1.3 Applicability. These regulations shall apply to major vegetation removal as defined in this section, within the Humboldt County Coastal Zone, except that the following development shall be exempt: (Former Section CZ#A314-20(C))

64.1.3.1Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Incentives Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP); (Former Section CZ#A314-20(C)(1))

64.1.3.2Major vegetation removal necessary to carry out activities authorized by: (1) an approved building permit, Coastal Development Permit, Use Permit, or Special Permit; or (2) satisfying improvement requirements of an approved subdivision; (Former Section CZ#A314-20(C)(2))

64.1.3.3Major vegetation removal subject to the Coastal Streams and Riparian Corridor regulations; and (Former Section CZ#A314-20(C)(3))

64.1.3.4Major vegetation removal associated with general agriculture, in zones where the General Agriculture use type is a principal permitted use, except where the Director determines that pursuant to subsection 313-64.1.4.3., that the major vegetation removal may result in a significant environmental impact. (Former Section CZ#A314-20(C)(4))

64.1.4 Definition of Major Vegetation Removal. For purposes of this section major vegetation removal shall be defined to include one or more of the following: (Former Section CZ#A314-20(D))

64.1.4.1The removal of one or more trees with a circumference of thirty-eight inches (38") or more measured at four and one-half feet (4½') vertically above the ground; (Former Section CZ#A314-20(D)(1))

64.1.4.2The removal of trees within a total aggregate contiguous or non-contiguous area or areas exceeding 6,000 square feet, measured as the total of the area(s) located directly beneath the tree canopy; or (Former Section CZ#A314-20(D)(2))

64.1.4.3The Director may determine that a proposal to remove woody vegetation constitutes major vegetation removal if the Director finds that it may result in a significant environmental impact pursuant to this section. In making a finding that the proposed major vegetation removal may result in a significant environmental impact, the Director shall review the proposal and determine if any of the following conditions exist or are proposed: (Former Section CZ#A314-20(D)(3))

64.1.4.3.1The major vegetation removal involves the use of heavy equipment; (Former Section CZ#A314-20(D)(3)(a))

64.1.4.3.2The major vegetation removal:

64.1.4.3.2.1is proposed on either a steep slope (15% or greater), or on a slope designated on the Geological Map of the General Plan with slope stability index of “2” - moderate instability, or “3” - high instability; and (Former Section CZ#A314-20(D)(3)(b))

64.1.4.3.2.2may result in soil erosion or landslide; (Former Section CZ#A314-20(D)(3)(b))

64.1.4.3.3The major vegetation removal is located within or adjacent to an environmentally sensitive habitat as identified in the applicable coastal area plan; or (Former Section CZ#A314-20(D)(3)(c))

64.1.4.4The major vegetation removal may result in significant exposure of adjacent trees to wind damage. (Former Section CZ#A314-20(D)(3)(d))

64.1.5 Appeal of the Director’s Determination of Major Vegetation Removal. Appeals may be filed pursuant to the appeal procedures in Chapter 2, Section 312-13.