FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE October 7, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Bridget Wipfler, Climate Action Coordinator SUBJECT Receive an information report on the progress of amendments being considered to update the Town’s Tree Ordinance
RECOMMENDATION
Accept the Tree Ordinance draft updates below. Staff will continue work to update the tree ordinance and present the first reading to Council.
BACKGROUND
The Town's original Tree Ordinance No. 387 was adopted in 1973 and established the Town's first tree preservation requirements to protect native trees and mitigate topsoil erosion, landslide risk, and air quality impacts. The ordinance was updated by Ordinance No. 743 (adopted July 1, 2009), which established the current Tree Advisory Committee, the permit process for tree removal and alteration, and enforcement provisions. The ordinance has since been amended three times: Ordinance No. 789 (adopted May 6, 2015), Ordinance No. 822 (adopted November 7, 2018), and Ordinance No. 850 (adopted February 3, 2021), each of which altered Tree Advisory Committee procedures.
On February 13, 2026, the Town Council discussed their priorities for the year, including updating the Tree Ordinance. Since then, staff have coordinated conversations with Ross Valley Fire Department and the Town Arborist, Ray Moritz, and the Tree Advisory Committee to come up with their recommendations for the update.
DISCUSSION
This robust public process will allow staff to draft an appropriate Tree Ordinance update, informed by the Committee’s recommendations, which will be brought to the Council for consideration in the near future.
The Tree Committee recommendations are:
1. Move section 8.36.030 describing the Tree Committee and membership to Section 2 of the Town Code
2. Include language from Town Resolutions 21-03 and 21-04, adopted February 2021
3. Enhance regulations and permit review criteria concerning nesting season for birds and squirrels.
4. Extend and clarify the section on fines, to revise and expand penalties for unauthorized tree removal, and clarify scope and responsibility for replacement of removed trees.
5. Include a definition of breeding and nesting season from San Anselmo Tree Ordinance proposal, September 2024 (abbreviated SATO 2024).
6. Expand definition of fire hazard.
7. Expand definition of Qualified Arborist.
8. Clarify definition of Undesirable Tree Species.
9. Enhance and clarify permitting conditions for the Town Planning Director, and communication with the Tree Committee.
10. Clarify posting instructions for permit notices.
11. Add new requirements for posting during tree removal work, to include both the permit and the business license of the contractor.
12. Clarification of evaluation criteria concerning specific issues, like riparian woodlands, historical structures, shade, and solar power.
13. Clarify conditions for appealing Tree Committee decisions.
14. Clarify conditions for emergency tree removal permits.
15. Consider adding part or all of SATO 2024 4-13.05, Section F, which details conditions for alteration or removal of heritage trees.
GENERAL PLAN CONSISTENCY
Program CON-5.2.1.7: Create or enhance ordinance(s) to protect mature native trees and ensure regeneration of native forests.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s acceptance of the Tree Ordinance Update is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment (Cal. Pub. Res. Code § 21065). This report is consistent with the following measures of the adopted CAP:
- S-1: Urban Forests and Ecosystems
ATTACHMENTS
N/A