Model Monterey Pine Forest Ecosystem Protection
Ordinance for County and City Use
The following model ordinance was drafted by HOPE using improvements provided by bird, animal, plant and forest ecologists, and other environmental experts. It also had the benefit of improvements suggested by an accomplished land use attorney, an administrative law attorney and an agency Counsel.
As of 2009, it has been given to more than 200 knowledgeable people for review and suggestions (as well as appearing on this website since 2002) and received comments for improvements from about 45 - 50 people.
If you have any ideas for further improvement - please send your suggestions - either wording changes or conceptual ideas to MPFInfo < at > 1hope dot org
Internationally Important, Endangered, Rare & Declining
Monterey County's native Monterey pine forest ecosystem is important locally and internationally for its tremendous aesthetic, ecological, intrinsic, and economic values. Monterey pine forest ecosystems are native today to only in five limited locations worldwide, all on North America's West Coast, totaling about 3,000 hectares. The Monterey Peninsula area hosts the largest and healthiest of these remaining native ecosystems.
The native Monterey pine forest ecosystem has experienced a considerable decline recently that continues today. The cause is primarily the cumulative human actions of development, development of roads and buildings, lot clearing, tree trimming and fragmentation. This decline has weakened the remaining forest to increasing attack by pests including the pine pitch canker fungus and Bark Beetle. Much of the remaining forest is degraded, perhaps only 1,000 acres remains in acceptable ecological health.
This unwanted decline has independently caused the native tree and forest ecosystem to get official recognition as endangered by the United Nations and the California Native Plant Society. This significant and continuing decline requires immediate meaningful protection.
Native Monterey pine forests define the look of the Monterey Peninsula landscape. They are splendid to behold both from a distance and from within the forest, where one can experience the visual beauty, strong silence enhanced by uncountable bird songs, cooling shade and fog, soft breezes, fragrance of mint, pleasant encounters with fascinating wildlife, and the serenity of untouched forests.
The beauty of the native Monterey pine forests has drawn millions of tourists and residents to our Monterey Peninsula generating billions of dollars locally, its biodiversity contains a broad genetic foundation for a vast international timber industry, which has generated additional tens of billions of dollars.
This biota has inherent value in addition to its economic, aesthetic and ecological benefits. The very existence of the unique Monterey pine forest community has intrinsic value and is worth preserving. The native vegetation type, associated habitat and soils have adapted to local conditions that have evolved over millennia.
The native Monterey pine forest is ecologically more than the sum of its parts. The Monterey pine forest is a dynamic system where all of its indigenous constituents, from soil to canopy, animals and plants, living and otherwise, are in balanced, appropriate proportions and locations. These extraordinary geological, meteorological and ecological conditions support interconnected and interdependent life forms which include a broad diversity of tree, plant, soil and animal species, communities, ages, and genetics.
Monterey Pine Forest Ecological Values include :
All Living Trees - Seedlings, Old Trees and Dead Trees.
As a Monterey pine grows larger or matures, its landmark and habitat values continually increase reinforcing that there is no biologically or ecologically recognized concept of "over-mature." For millennia, native Monterey pine forests have provided habitat for Grizzly Bears and Condors, and today still provide habitat for Great Horned Owls, Eagles, Woodpeckers, Squirrels, Peregrine Falcons, Possums, Deer, Bobcats, Mountain Lions, and Black Bears.
The forest moderates temperature extremes and prevents soil drying by shading the ground and understory from the hot drying sun, protecting it from the prevailing winds and moistening it with fog drip.
Areas of healthy regeneration with high densities of seedlings also have great value, as the seedlings promise future landmark trees and adequate genetic diversity to fend off future pest attacks.
Dead Standing Trees Needed for Habitat
Some 80 bird species make their homes exclusively in dead or dying trees because dead wood is softer for establishing cavities for nests. For example, native local Hairy Woodpeckers will not carve a nest in living Monterey pine trees because the wood is too hard. These woodpeckers will only nest in dead standing trees, particularly large snags, or living trees with especially large dead, or dying branches.
If Monterey pine trees are cut before they die, or if dead standing trees "snags" and dead wood are cleared from the forest, the woodpeckers abandon the habitat. Thus, the greater risk of destruction or loss of dying large Monterey pine trees, the greater the endangerment to the native woodpecker and others with similar habitat needs.
Loss of such biota and then its native woodpeckers allows an increase in the harmful insects that are food for those woodpeckers. This includes the Bark Beetle, which carries the Pine Pitch Canker fungus.
More than 30 plants living in the Monterey Pine Forest ecosystem understory have obtained official legal protection. These include the Gowen Cypress, the delicate orchid Yadon's Piperia, Hickman's Onion, the extremely rare Hickmans' Potentilla, Monterey Clover and Pacific Grove Clover. Additionally, small ground dwelling animals such as the Gray Fox, Ringtail, Opossum and Striped Skunk need the forest understory cover to hide from predators.
Fallen trees are part of the forest understory, providing important habitat for ground dwelling animals, spiders, worms, millipedes and helpful microorganisms including bacteria and fungi.
Native Monterey Peninsula Monterey pine forest ecosystem soils can exceed one million years in age and contain over 1,000 distinct microorganism species in every cubic inch. The unique forest floor is perfectly suited to Monterey Pine seedling regeneration as well as that for the other endangered plants, which depend upon a healthy native forest for protection and nourishment. Orchids and some trees are extremely dependent upon specific tiny mycorrhiza fungi. Living soils and their structure are easily destroyed by heavy equipment compaction and can be suffocated by roads blocking rain runoff from infiltrating ground to nourishing their microorganisms.
Trend - Significant and Declining
Proper Expert - Forest Ecologist
(1) Tree Trimming Harmful
While trimming pine trees may seem innocuous, trimming releases chemicals called turpenes. The scent of turpenes can attract swarms of bark beetles, which can carry the pine pitch canker, and in sufficient numbers can kill Monterey pines, especially those weakened by pine pitch canker.
Emergency Risk and Hazard Exception
An individual tree which provides presents an emergency and immediate risk to life or property is not fully protected but shall require a permit which includes Evidence and Reasoning as detailed below, and public notice.
Fire Prevention Exception
Individual trees which are required to be trimmed or cut by fire protection laws may not be fully protected but do require a discretionary permit and shall undergo environmental review to include mapping of trees before and after biomass alterations and public notice.
Planted Trees Exception
Individual trees clearly planted for tree farms, ornamental or landscaping purposes are not fully protected but shall require a discretionary permit and undergo environmental review to include mapping of trees before and after. This exception does not apply to native trees planted or set-aside for mitigation purposes.
Exotic / Invasive Plant Exception
Exotic or invasive trees or plants are not protected but shall require a discretionary permit limited to taking only the exotic plants and undergo environmental review to include mapping of trees before and after biomass alterations. The County shall consult a list of exotic and invasive plants prepared by the California Native Plants Society.
Outside Native Habitat Range Exception
Monterey Pine trees growing more than a mile inland of the mapped boundaries of the historic forest extent are not fully protected but shall require a discretionary permit and undergo environmental review to include a map of their location. Mapped boundaries are all native Monterey pine forest areas identified on maps prepared by Roy (1966), Forde (1964), Huffman (1994), Dunning (1916), McDonald (1959) and other areas outside the Monterey Peninsula supported by historic documentation (e.g. Little Sur, Doud Ridge).
An individual Native Monterey Pine tree might not be fully protected, but before any cutting begins the following minimum steps are required:
Permit Evidence and Reasoning Required
In addition to the narrative and description for each tree --
Mapped with Description
Dead versus Dying
The Permit form shall have the following two question boxes one of which must be filled in;
Hazard (Threat Checkbox)
Risk (Likelihood Checkbox)
Environmental Review - CEQA
After filling in the above checkboxes, a CEQA Initial Study shall be conducted, with particular attention to the imperiled state of native Monterey pines and cumulative impacts described herein.
To limit harm to people in buildings and to limit liability if a tree falls, when buildings are constructed or remodeled near heavy native, trees or their ecosystem - the building code shall be updated to require structural steel bars at the height and edges of buildings in the native Monterey pine forest similar to a racing car roll-bar.
Violations of this ordinance shall be assessed by weight of living material - biomass. The fine shall be $1 per pound of Monterey Pine Forest Ecosystem biomass harmed, removed or killed. Each violation exceeding 10,000 pounds of biomass harm shall be a felony. The fines shall be used only for enforcement of this ordinance or purchase of native Monterey pine forest land.
Each act of harm to an understory plant or animal listed officially as a Special Status species shall separately be a fine of $1,000. Each violation exceeding 10 plants or animals shall be subject to a $10,000 fine and a six months in jail.
When successful enforcement of this ordinance is brought and accomplished by any person or entity other than Monterey County the successful plaintiff is to be awarded $5,000 civil penalty from defendant and any other fees and costs deemed appropriate by the court including those awarded pursuant to Code of Civil Procedure Section 1021.5
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This Page Last Updated September 1, 2010