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Encino Oak Tree Removal: The Los Angeles Protected Tree Permit, Fees and the Permit Hold of Up to 10 Years
Encino is a neighbourhood of the City of Los Angeles, so a native oak on a private lot there falls under Los Angeles Municipal Code sections 46.00 to 46.06. Removing or relocating one generally requires a permit from the Board of Public Works or its designated officer once the trunk measures four inches in cumulative diameter at four and a half feet above the ground. City fees for a single tree total $3,698.47, and removal without a permit can lead to building permits being withheld on the property for up to ten years.
Which trees are protected on an Encino lot?
Four kinds of native tree and two native shrubs, listed by name. The current definition was set by Ordinance No. 186,873, passed by the City Council on December 15, 2020 and effective February 4, 2021. LAMC 46.01 covers four trees: oaks indigenous to California including Valley Oak and California Live Oak, but excluding Scrub Oak; Southern California Black Walnut; Western Sycamore; and California Bay. The same ordinance added two shrubs, Mexican Elderberry and Toyon.
The size test is the part people misread. The code says four inches or more "in cumulative diameter, four and one-half feet above the ground level at the base of the tree." The code does not define "cumulative." The natural reading for a multi-trunk oak is that the stems are added together, so a tree that looks slight can still qualify. Ask the Urban Forestry Division how it will measure yours.
What counts as removing a protected tree?
More than cutting it down. LAMC 46.00 defines removal to include "any act that will cause a protected tree or shrub to die," and gives examples: damage to the root system by fire, toxic substances or the operation of equipment, and "changing the natural grade of land by excavation or filling the drip line area around the trunk."
The Department of Building and Safety applies that to construction in its information bulletin on regulated trees, document P/ZC 2024-022, which says applicants are "fully responsible" for protecting native protected trees on private property from grading, equipment and grade changes within the dripline.
Who issues the permit, and on what grounds?
The Board of Public Works, or its designated officer. In practice that is the Urban Forestry Division of StreetsLA, which describes the steps on its protected tree removal permit page: application, site inspection, findings, then approval or denial.
LAMC 46.02(b) limits when the Board may say yes. It must first find that removal will not cause undesirable, irreversible soil erosion that cannot be mitigated. Then one of these must be true:
- The tree's continued existence at that location prevents the reasonable development of the property.
- The tree shows a substantial decline from normal health and vigor, and restoration is not advisable.
- The tree is in danger of falling because of an existing and irreversible adverse condition.
A tree designated as a Historical Monument, or as part of a Historic Preservation Overlay Zone, can be permitted for removal only under the third ground.
LAMC 46.02(a) also lists three exemptions the Board must honour: removal already approved by the Advisory Agency in a subdivision case, removal made permissible by a final planning determination, and removal necessitated by a building permit that is still in effect.
How much does the city charge?
The fee schedule sits in LAMC 46.04, last amended by Ordinance No. 187,205, effective November 5, 2021. Every application pays a nonrefundable application fee of $805.99 plus a nonrefundable inspection fee that depends on the number of trees. The totals below add the two.
| Protected trees or shrubs in the application | Inspection fee | Total with $805.99 application fee | Full Board hearing |
|---|---|---|---|
| 1 or 2 | $2,892.48 | $3,698.47 | Not triggered under 46.02(c) |
| 3 to 5 | $5,139.16 | $5,945.15 | Yes |
| 6 to 10 | $5,982.58 | $6,788.57 | Yes |
Above ten, the code adds $1,070.76 for each further set of up to five. An arborist report and replacement trees are separate costs.
How many replacement trees does the city require?
The Board may require "at least four specimens of a protected variety" for each tree removed, planted within the same property boundaries. LAMC 46.02(c) sets the minimum for each replacement: a 15-gallon specimen or larger, one inch or more in diameter one foot above the base, and at least 7 feet tall. A tree is replaced by trees and a shrub by shrubs, to the extent feasible. Four is a floor. The same subsection says the size and number of replacements "shall approximate the value of the tree or shrub to be replaced," so a mature oak can draw more or larger trees.
The same subsection sets the hearing threshold used in the table above. "When replacement concerns more than two protected trees or shrubs, the permit at issue shall be considered at a full public hearing at the Board." The code does not call for a full hearing when one or two trees are involved. The division's page adds: "If 3 or more trees are to be removed, a report must be presented to the Board of Public Works."
On a small lot the replacement count is a real design constraint. Count where the replacements would go before you price an addition, and before you rely on the figure in a home valuation.
What happens if a protected tree is removed without a permit?
The penalty attaches to the land. Under LAMC 46.06, the Bureau of Street Services may, after notice and a hearing, ask the Superintendent of Building to withhold building permits on the property, other than permits needed to comply with a Building and Safety order, for up to a maximum of ten years, and to revoke any issued permit on which construction has not started. The period runs from the date the Bureau first becomes aware of the removal.
The procedure has fixed steps:
- The Bureau notifies the applicant or permittee in writing, mails a copy to the owner on the last equalized assessment roll and to anyone holding a security interest revealed by a title search, and records a copy with the County Recorder.
- A hearing is held no earlier than 20 days after mailing.
- The Bureau weighs the number, size and age of the trees, the owner's knowledge and intent, and any prior violations, then gives written notice of its decision within 30 days of the hearing.
- An appeal to the Board of Public Works must be filed within 30 days of that notice.
- The final determination is sent to the Superintendent of Building and recorded as an affidavit with the County Recorder, both within ten days.
One clause matters to anyone buying in Encino. The Bureau's authority does not reach a purchaser who, in good faith and for value, took title after the illegal removal and before the notice of intent was recorded. A buyer who closes after recording has no such carve-out. A recorded notice or affidavit is the kind of document a title search exists to find, so ask the title officer about it directly and read the preliminary title report for it before removing contingencies.
Does the Mulholland corridor add its own oak rule?
Yes, for lots inside the Mulholland Scenic Parkway Specific Plan, which follows Mulholland Drive and reaches into the Encino hills. Section 5 B 4 of the plan provides that no oak of the three species it names (Quercus agrifolia, Q. lobata and Q. virginiana) may be "removed, cut down or moved without the prior written approval of the Director" of Planning, and that subsection states no minimum trunk size. Its landscaping section sets a different replacement schedule: the listed oaks are replaced two for one with 36-inch box trees.
The plan's corridors and design review are covered in Encino hillside construction rules.
What should a buyer or seller check first?
- Identify every oak, walnut, sycamore, bay, toyon and elderberry on the lot, and measure trunks at four and a half feet.
- Check whether any tree stands in the public right of way. Street trees are regulated separately under LAMC 62.162 and 62.169, and the same bulletin says trimming or root pruning one needs a permit too.
- Ask the seller for any tree permit, protected tree report or notice from StreetsLA.
- Search the address on ZIMAS for the Mulholland plan or an HPOZ.
A seller with unpermitted tree work in the property's history should raise it when planning the sale, because a recorded notice found in escrow is far harder to fix.
Q: Can a denied permit be appealed?
Yes. LAMC 46.05 allows an appeal to the Board of Public Works, filed no later than 10 days after the denial notice is mailed, and the Board must hold a hearing within 30 days after receiving the appeal.
Q: Do the same rules apply across the city line?
No. Glendale runs its own ordinance, covered in Glendale indigenous tree permit rules, and unincorporated county land follows the Los Angeles County oak tree permit process.
This article is general information about the Los Angeles Municipal Code, not legal, arboricultural or land use advice. Fees and procedures change. Confirm the current schedule with the Urban Forestry Division before relying on any figure here. Call Alla at (818) 699-5367 or use the enquiry form.
More on the neighbourhood and its jurisdiction in the Encino area guide.