Tree Protection Ordinance Update Helps Implement Safety Element

In 2023, the City adopted an updated Safety Element of the General Plan, which paid close attention to wildfire hazards and vegetation management. The Safety Element included multiple programs relating to defensible space (pp. VI-54 - 56), as well as one program specific to the TPO:  

Program S-4.4.3: Evolve the Tree Protection Ordinance to address fire risks created by dead, dying, or non-native trees.

At its regular meeting on April 8, the Council also confirmed its list of top priorities for the coming fiscal year, the second of which is Wildfire Prevention, Preparedness/Responsiveness and Utility Safety. Under this priority, the first desired outcome reads, “Focus on community education and public engagement on home-hardening and vegetation management, ConFire’s fire safe regulations and insurance implications.”

In response to these policies and priorities, the City is now beginning the process of amending the TPO. The Tree Protection Ordinance (TPO) was first adopted in 2003 and amended in 2010 and 2014. Lafayette’s Tree Protection Ordinance is intended to protect existing mature trees, particularly native species. It requires permits for the removal of trees of certain species and over a certain size, as well as the planting of replacement trees or payment of an in-lieu fee for trees that have been removed. While administering the ordinance over the years, the City has heard concerns about different aspects of the regulations, highlighting areas where they could be improved or refined.

A preliminary list of Key Issues to be examined as part of the update includes:

  • Which trees are protected

  • How many replacement trees should be required

  • How to streamline and clarify the Tree Permit process

  • Incorporating the need for wildfire management into the ordinance

  • How the ordinance relates to the Downtown and to infrastructure.

City staff has created a survey to hear from the public on the ordinance update. Please click here to take the survey! The survey will be up until May 31 and should take approximately 10 minutes to complete. Thank you for participating.

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May 2024 Revised Draft Housing Element Available for Public Review