Woodside: If a tree falls in town, do you need a permit? Woodside: If a tree falls in town, do you need a permit? (October 23, 2002)

By Andrea Gemmet

Almanac Staff Writer

If you want to cut down a tree on your property in Woodside, you need to apply for a permit from the town, a process that is both time-consuming and expensive. Right?

No, not really, as it turns out.

Even Woodside Town Council members were unclear on exactly what the town requires for tree removal, as they found out when they tried to waive the requirement for permits to remove three flammable, non-native species to help alleviate fire danger.

There's no need to pass an emergency ordinance exempting eucalyptus, Monterey pine and acacia trees from Woodside's requirement for tree-removal permits, because the town doesn't require a permit for the removal of trees, Town Manager Susan George told the council at the October 8 meeting. Instead of a permit, the town has a "tree removal form" it asks residents to fill out, and there's no fee for it, she said.

It may be bureaucratic hair-splitting, but a form and a permit are not the same thing.

Woodside's municipal code allows large trees -- those more than 30 inches in circumference at a point 4 feet above ground -- to be removed in order "to prevent the actual or potential danger to life or property." The removal of smaller trees isn't regulated.

Reacting to the 10-acre wildfire in August that was ignited when a eucalyptus branch fell onto power lines, the Town Council decided at the September 10 meeting to make it easier for residents to remove eucalyptus, Monterey pine and acacia trees, three highly flammable non-native species.

The council directed town staff to come back with an emergency ordinance making permits unnecessary for the removal of those three types of trees. Council members also directed staff to work with the Woodside Fire Protection District to come up with a more comprehensive fire-risk management plan for the town.

The council members seemed surprised that, despite the widespread perception in town, there's no permit, and thus, no need for the ordinance. Ms. George acknowledged that the form has been frequently been referred to as a permit in the past, however.

"I think most people think that if they have to fill out a form and have staff approve it, it sure sounds like a permit," said Councilman Pete Sinclair.

After a lengthy discussion, the majority of council members agreed to drop the idea of the ordinance and instead directed staff to do three things on a unanimous vote:

** Direct planning department counter staff to expedite hazardous tree removal forms, and not to press for the planting of replacement trees for non-native species.

** Come up with an education program to let the public know that they don't need a permit in order to remove dangerous trees.

** Continue working on a comprehensive program to reduce the risk of fire in town.

Councilmen Joe Putnam and Paul Goeld voted in favor of a staff-recommended resolution declaring eucalyptus, Monterey pine and acacia trees to be a "potential danger to life or property" and making their removal exempt from Woodside's tree-removal processing requirements, but the vote failed 2-5, with Mr. Sinclair, Sue Boynton, Deborah Gordon, Carroll Ann Hodges, and Mayor Dave Tanner opposed.

Several Woodside residents spoke at the meeting, saying they were concerned about the effects of tree removal on local wildlife and urging restraint, lest the public believe town officials were encouraging widespread tree cutting.