SECTION 4 PROTECTION OF TREES DURING CONSTRUCTION
A. Tree Protection Objectives
The objective of this section is to reduce the negative effects of construction on trees to a less than significant level. Tree protection should begin before construction starts. Successful tree preservation occurs when designers, construction personnel, and project managers are committed to tree preservation. All members of the project team must be familiar with the rudimentary aspects of tree growth and development to understand the relationship between tree survival and construction practices. Utilization of an arborist will ensure everyone is understanding of the needs regarding trees.
All trees cannot and should not be preserved. Trees that are structurally unstable, dead, in poor health, or unable to survive the effects of construction become a liability to the project and may have to be removed.
B. Site Plan
For all projects, Site Plans must indicate accurately plotted trunk locations and the Tree Protection Zone (TPZ) of all trees or group of trees to be preserved within the development area.
Additionally, for all trees within the development area, the plans shall accurately show the trunk diameter, dripline and clearly identify the TPZ. The type of protective fencing shall be specified and indicated with a bold dashed line.
Site Plans shall also include the following minimum information:
1. Surveyed tree locations, species, size (height, width, DBH). Dripline Area (including trees located on neighboring property that overhang or within 25 feet of the project site) and City Trees adjacent to the project site
2. Paving, concrete, Trenching, or grade change (including the limits of over-excavation) located within the Tree Protection Zone
3. Existing and proposed utility easements
4. Surface and subsurface drainage and aeration systems to be used
5. Walls, tree wells, retaining walls and grade change barriers, both temporary and permanent
6. Landscaping, irrigation, and lighting within dripline of trees, including all lines, valves, etc.
Tree Protection Zone
During the design phase of the project the Certified Arborist and the Project Manager will work together on developing the TPZ for each tree impacted by the project. If an unresolved disagreement arises between the Certified Arborist and the project manager on the size of a TPZ for a tree, the dispute shall be brought to the Director of Public Works, who will render a final decision on the size of the TPZ.
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Each tree to be retained shall have a designated TPZ identifying the area sufficiently large enough to protect it and its roots.The TPZ shall be shown on all Site Plans including, Demolition, Grading, Irrigation, Electrical, Landscape, etc. Improvements or activities such as paving, utility and irrigation Trenching including other ancillary activities shall occur outside the TPZ, unless otherwise specified. The protection fence shall serve as the TPZ.
Activities prohibited within the Tree Protection Zone include:
1. Parking vehicles or equipment, storage of building materials, refuse, or excavated soils, or dumping poisonous material on or around trees and roots. Poisonous materials include, but are not limited to paint, petroleum products, concrete, stucco mix, dirty water or any material that may be harmful to tree health.
2. The use of tree trunks as a backstop, winch support, anchorage, as a temporary power pole, signpost, or other similar function.
3. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches, or other miscellaneous excavations without prior approval of the Certified Arborist.
4. Soil disturbance or grade change.
5. Drainage changes.
Verification of Tree Protection
The project contractor shall verify in writing that all pre-construction tree preservation conditions have been met as follows:
1. Tree fencing installed
2. Erosion control secured
3. Tree pruning completed
4. Soil Compaction preventive measures installed
5. Tree maintenance schedule established, and the responsible party designated
6. Tree Protection Zone (TPZ)
The Project Manager, the City Arborist, City's construction inspector, and the contractor must sign this verification.
C. Activities During Construction and Demolition Near Trees Soil disturbance or other damaging activities within the TPZ is prohibited unless approved by the Certified Arborist and mitigation for specific injuries is implemented. No encroachment within 5 feet of a trunk will be permitted under any circumstances. 16
Trenching, Excavation and Equipment Use
Trenching, excavation or boring within the TPZ shall be limited to activities approved by the Certified Arborist or either the Director of Engineering Services, Director of Public Works, the Director of Parks and Recreation, or Director of Planning and Building. Explore alternatives for trenching outside the root zone. Avoid exposing roots during hot, dry weather. Backfill trenches as soon as possible with soil and soak with water the same day. Small roots can die in 10 to 15 minutes and large roots may not survive an hour of exposure. If the trench must be left open all roots must be kept moist by wrapping them in peat moss and burlap.
If trenching is unavoidable, the following distances should be maintained:
TRUNK DIAMETER DISTANCE FROM THE TRUNK ON BOTH SIDES (measured at 4.5 feet above natural grade)
Up to 9 inches 5 feet
10-14 inches 10 feet
15-19 inches 12 feet
over 19 inches 15 feet
Alternative Methods for Hardscape to Prevent Root Cutting The following remedies should be considered as an alternative to severing tree roots:
1. Grinding a raised walkway or concrete pad
2. Ramping the walkway surface over the roots or lifted slab with pliable paving
3. Re-routing the walkway around tree roots
4. Permeable paving materials (e.g., decomposed granite), interlocking pavers, or flagstone walkways on sand foundations
5. Root bridging
D. Tree Maintenance During Construction
Providing adequate maintenance can mitigate stressful changes that occur to a tree's environment during construction. To remain vigorous, the tree needs to maintain stored carbohydrates and preserve the effectiveness of its growth regulators. It is recommended that large projects provide:
Irrigation
Providing supplemental irrigation for trees under water stress may be the single most important treatment. Irrigation should be designed to wet the soil within the TPZ to the depth of the root zone and to replace that water once it is depleted. Light, frequent irrigation should be avoided.
Create a six-inch berm around trees at the edge of the TPZ and fill with no more than six inches of mulch. Fill the basin with water. Irrigation should wet the top two to three feet of soil to replicate similar volumes and normal seasonal distribution. 17
Soil Compaction Mitigation
To prevent negligent encroachment into the TPZ,trees to be preserved during construction must always have the specified type of protection fences in place. Removal of fences, even temporarily, to allow deliveries or equipment access is not allowed unless approved by the Certified Arborist and a Root Buffer is installed. The Root Buffer components: mulch, gravel, and plywood, must be maintained continually to assure its effectiveness against soil Compaction.
Dust Control
During periods of extended drought,wind or grading,trunks, limbs,and foliage should be sprayed with water to remove accumulated construction dust.
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SECTION 5 TREE REMOVAL
A. Tree Removal Objectives
Public trees are considered an important asset of the city. As such, it is the policy of the City to preserve trees whenever possible. There are certain conditions in which a tree must be removed, such as when it is considered an emergency. This includes trees identified by the City Arborist and contractor as an imminent risk and/or trees that meet the removal criteria below. Other conditions require the review and approval of the City.
B. Removal Criteria
Trees will be removed only when one or more of the following criteria are met:
1. The tree is in a state of decline due to disease or insect pest for which there is no likelihood return to good health.
2. The tree poses a safety risk that cannot be corrected or where an unreasonable safety risk would be created by the construction process or root pruning
3. Work improvements required to be made around the tree will likely kill the tree or render it a hazardous tree.
4. Tree preservation is not cost effective compared to the tree's monetary value
5. The tree interferes with the growth and development of a more desirable tree.
If a public tree's root system has been found to be elevating the sidewalk to a degree greater than the city's Municipal Code, Title 17 Zoning Ordinance, where the tree's removal is not an option,the sidewalk repair will be made using an approved replacement or modification method which best corrects the sidewalk anomaly while minimizing harm to the tree.
The tree removal criteria listed in this management plan complements Tree Care Ordinance No. 1913 Section 12.26.030, by providing concrete examples of dead, diseased, and hazardous conditions.
Healthy trees will not be considered for removal because of leaves, pinecones, pine needles,fruit, seed debris, any other perceived annoyance, or because roots from the tree have grown into a compromised sewer lateral.
C. Tree Evaluation for Removal
If an inspection does not provide adequate justification for removal, a tree evaluation can be conducted to determine the level of risk. It is the responsibility of the city to mitigate or abate any known risk condition of a tree that may be of questionable structure or deemed as hazardous.
The City shall be responsible for conducting or contracting risk assessments of public trees that are identified during an inspection. The City will use the following criteria:
1. If a tree possesses a structural defect that may cause the tree or part of the tree to fall, and the condition is determined to be imminent, the tree is considered hazardous. 19
Mitigation pruning or removal should be considered to reduce the level of risk.
2. If the hazardous condition cannot be mitigated or reduced to a less than significant level, then the tree shall be authorized by the city to be removed to abate the condition. A less than significant level would be considered low according to the ISA risk assessment metric.
Advanced assessment methods can include an evaluation of structural defects utilizing current methods of internal decay inspection available as recommended in a Basic Assessment (Level 2) and Advanced Assessment (Level 3); soil/slope and/or creek bank stability; individual species' susceptibility to failure; pruning; history; decay weaknesses and any other compromising or pertinent factors considered. This is an option or may be considered for high value trees.
Evaluation of targets shall consider structures or activities under or around the tree (e.g., building, parking, pedestrian, recreational, utility lines, hardscape,etc.).Occupancy shall consider frequency of use, and whether the unintended object will be present when failure occurs.
Consideration shall be given to whether the target can reasonably be removed or isolated to mitigate the hazard.
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SECTION 6 REPLACEMENT AND PLANTING OF TREES
The City should develop a master street tree management plan that incorporates policy goals, designated street trees, species diversity, planting space criteria, and drought tolerance.
A. Tree Planting Specifications
The following specifications pertain to all trees that are to be planted within the public right-of- way or on publicly owned property:
1. Replacement trees should be selected from the street tree masterplan for recommended species.
2. The location of a replacement tree shall be subject to the approval of the arborist. A replacement tree shall be planted in a reasonable location as close as possible to the removed tree, unless otherwise noted in an approved streetscape or master planting plan.
3. The minimum size planting area for the tree species will be dictated by the street tree master plan.
B. Planting Stock and Materials
1. Quality
a. All plants and trees installed within the city shall conform to most current ANSI Z60.1 standard.
b. Plants shall be sound, healthy, vigorous, and free of plant disease and insect pests and their eggs.
c. Container stock shall be grown for at least eight months in containers and shall not be root bound or have girdling roots.
d. Trees shall not have been topped.
e. Nursery stakes shall be removed when tree is installed in the ground.
2. Miscellaneous Materials
When deemed necessary by the arborist, the following materials shall be used:
a. Support stakes shall be treated or untreated two-inch diameter lodge pole pine without the use of cross braces.
b. Tree ties shall be used and installed in a figure eight fashion to support the tree to the stakes at the bending point of the trunk.
c. Screened untreated mulch shall be used that are one-half to one inch in size and spread to a two-inch depth out to the edge of the root ball. The mulch shall be kept at least six inches away from the trunk and shall be applied to each tree at two times the diameter of the tree root ball. d. Where appropriate for use along public sidewalks, 12-inch linear root barrier shall be used and shall be ten feet in length and placed on center with the tree and on the sidewalk or curbside only. Root barrier boxes or barrier circles that encircle the tree are not approved. Species selection should be suitable to 21
minimize infrastructure conflicts.
e. Where sidewalk and parkway width are less than eight feet and new trees will be installed, tree well designs should consider reduction of trip hazards as approved by the arborist.
f. Stem guard devices are recommended for new trees in turf areas to help reduce damage to lower trunks by weed trimmers.
C. Planting Site Preparation
All debris, wood chips, pavement, concrete, and rocks over two inches in diameter shall be removed from the planting pit to a depth dictated by the root ball size of the tree being installed, unless approved otherwise by the arborist.
D. Planting in Difficult Soil Conditions
1. Trees planted in turf areas shall have a ring of mulch. The turf shall be maintained a minimum of one foot from the new tree stem, with mulch placed on top of the root ball. The mulch shall be six inches away from and not touching the tree stem.
2. Occasionally, tree planting must occur in poor or difficult soil where standard planting techniques will result in poor-to-average performance or mortality. In this case, alternative or specified soils, such as engineered, amended or structural urban tree soil mix, including written specifications and physical samples, shall be submitted for approval by the arborist.
3. A Planting Cue Card from ISA is in Appendix C.
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SECTION 7 APPROVED STREET TREE REPLANT LIST TBD
SECTION 8 APPROVED TREE REPLANT LIST (PARKS & OPEN
SPACES TBD
SECTION 9 HERITAGE AND HISTORICAL DISTRICT TREES
A. Designation of Heritage Trees
Upon nomination by any person or city and with the written consent of the property owner(s), a tree(s) may be designated as a Heritage Tree(s). Heritage Trees may be located on City or private property.
Nominations for a Heritage Tree shall be reviewed by the Public Works Committee shall make a recommendation on Heritage Tree nominations to the City for approval.
Refer to City of Upland Tree Care Ordinance No. 1913 (Appendix G)for Heritage Tree designation.
B. Once Heritage Tree is Designated
Upon the City approval, the tree(s) shall be designated as a Heritage Tree(s). Any work on or in the vicinity of a designated Heritage Tree shall be done in accordance with this Plan and under supervision of an ISA Certified Arborist. The requirement for ISA Certified Arborist supervision may be waived in cases of hazardous trees or other cases where immediate action must be taken for public health or safety reasons.
After City approval of a Heritage Tree designation, the City shall notify the property owner(s) in writing. Refer to City of Upland Tree Care Ordinance No. 1913 (Appendix G) for heritage tree inventory guidelines.
Once designated, a Heritage Tree shall be subject to the provisions of this Plan unless removed from the list of Heritage Trees by action of the City of Upland.The Public Works Department may remove a tree from the list upon its own motion or upon written request. Request for such action must originate in the same manner and proceed through the same process as nomination for Heritage Tree designation.
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Any person may appeal the designation of a tree or trees as a Heritage Tree(s), or the removal of such designation, in accordance with the procedures set forth in the City's municipal code (12.26.060).
C. Trees in Historical Districts
The City of Upland has seven Historical Districts with importance as it relates to trees. Appendix E contains the current(2020)species make up of each Historical District. It is extremely important to the City and residents to preserve these seven Historical Districts that are defined by their trees. The seven Historical Districts are Arrow/Laurel Bungalow, Citrus & Transportation, Civic Center East, Euclid Avenue, Old Magnolia, Old Town, and Pleasant View.
The City shall inspect trees in each Historical District on an annual basis. If the Arborist identifies decline in a tree that may lead to tree death/failure,Arborist will consult contractor to determine mitigation measure. If a tree in a Historical District is removed, it shall be replaced by a tree size no smaller than 36" inch box. Replacement tree should be exact same species as tree removed to preserve community benefit.
The Euclid Avenue Historical District is of the utmost importance to the City and community.The City will prioritize the management of trees along the parkway and median. The trees on Euclid Avenue date back to the incorporation of the City. As seen in Appendix F, the trees on Euclid Avenue were planted prior to much of the development in the area.
D. Tree Mitigation Fund
Public trees identified within Historical Districts or that are designated as Heritage are subject to the mitigation activities outlined in this subsection.
The removal of a public tree within a Historical District or designated as a Heritage tree shall require approval from the Public Works Committee or by the City Arborist and Planning Department. The removal must be justified by the development or construction project entity.
Removals shall be rejected if removal is solely for aesthetic purposes.
If the removal is approved, the developer is subject to The Tree Mitigation fee. The Tree Mitigation Fund fee is $200 per inch in diameter (DBH) for every tree removed. Mitigation fees are deposited into the City's tree planting fund. Funds will be used by the City Arborist to improve Citywide canopy. This fee is in addition to the cost of tree removal. 24
SECTION 10 EDUCATION AND COMMUNITY OUTREACH
1. Community Forestry Objectives
Education is an integral and primary element of a city's urban forest. Education tempers the use of regulations by empowering citizens. The City believes citizens will act responsibly if given the information they need to make sound decisions.
Distinct educational strategies can be developed to reach a wide range of affected people, including the public, the development community (property owners, architects, realtors, investors, builders, and contractors), public agencies, and educational institutions. The common factor in educating these groups is to provide them with information about how proper tree planting, maintenance, and protection can contribute to and enrich the quality of life.
Additionally, awareness will be raised surrounding benefits of trees and the urban forest.
Information circulation places trees and their care in front of the public and allows them to learn, understand, and relate to the City's forest management program. Additionally, public tree and community forest knowledge is raised, either through the Tree City USA celebrations, city social media, presentations, press releases, handouts, or conversations, raising the tree awareness of citizens will have a significant positive affect on the community forest at large.
2. Public Relations
There are several effective methods available for raising the awareness of citizens in terms of tree care. Many citizens are unaware that there are resources for information regarding proper tree selection, planting, and maintenance. The City will employ the following methods to educate its citizens and its staff.
1. Direct Public Relations are practiced when any city employee discusses tree care or tree issues with members of the public. All employees who have contact with the public concerning urban forest management issues will be trained to answer questions properly.
Staff will carry International Society of Arboriculture handouts describing common tree issues and proper practices that can be easily distributed. Staff will also participate in regional tree related activities.
2. Indirect Public Relations are no less important than direct public relations and can often reach a larger audience.The City will provide news releases when appropriate, hold Arbor Day celebrations, provide exhibits in local fairs, and provide educational programs and material to schools. City social media will be the primary platform to disseminate information on urban forestry.
3. Distribution of Education Material
The City will develop and provide education material to be used as handouts, displays, and web- based resources. The City will develop an approach to educating its citizens and provide some of the following education material: flyers, newsletters, fact sheets, brochures, maps, and 25
informational signs. Materials will be developed into infographics, diagrams, and visual representations where applicable to best convey messaging. In addition, the City will develop a section dedicated to the Urban Forest Management program on its website which will include links to maintenance schedules, removal requests, heritage tree nomination forms and protected tree lists, educational materials, contact information and general tree care information.
4. Tree City USA
The City will maintain Tree City USA status. There are many benefits to becoming designated as a Tree City USA that has immediate benefits for our community. This includes a framework for community forest standards: it elevates the public image of the City and of citizen pride, provides access to urban forestry related financial assistance and provides opportunities for good direct public relations.
To qualify as a Tree City USA community, a town or city must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable Citywide tree program.
1. Public Works Committee
2. A Tree Care Ordinance
3. A Community Forestry Program with an Annual Budget of at Least $2 Per Capita
4. An Arbor Day Observance and Proclamation.
5. Maintaining the Public Works Committee
The Public Works Committee serves as a link to the citizens of Upland and to the Upland City Council, advising the City Council on policy decisions relating to street and parkway tree care, maintenance necessary improvements, areas for urban forest renewal and for the overall protection of the City's trees. The committee shall enhance appreciation of trees and encourage citizen participation in preserving the City's urban forest.
The Public Works Committee will involve a diverse group of interested people such as city employees, volunteers, city council representatives, parks personnel, local businesspeople, civic groups, etc. The City of Upland currently has 5 members that make up the City of Upland's Public Works Committee.
The Public Works Committee will meet monthly with a designated City staff liaison. The Public Works Committee will also have an annual meeting with the city and the State Urban Forest Coordinator discussing the community, its challenges, and goals. Meeting topics include Arbor Day event planting, tree planting event planting, consulting on Heritage tree applications, recommending urban forest budgetary needs to the city council, being notified of upcoming removal projects and routine trim cycles. The Public Works Committee will be involved in budgetary discussions to convey the need for enough funding. 26
The benefits of having a Public Works Committee to support urban forest related activities are immense. Involving residents, business owners, and policymakers creates wider awareness of what trees do for the community and provides broad support for better tree care. Appointment to the committee and term of the office shall be set by the resolution of the City Council. 27
SECTION 11 URBAN WOOD RECYCLING PROGRAM
A. Urban Wood Recycling Objectives
The goal of this section is to maximize sequestered carbon and utilize removed trees in the most efficient method possible. This effort is to utilize trees removed from urban environments for their highest potential environmental value. Environmental benefits are realized by diverting wood that would otherwise populate landfills and reduce greenhouse gas emissions that are released through traditional disposal processes. Co-benefits include sourcing local raw materials for construction, maximizing benefit from trees being removed, and displaying urban wood products in the community -telling the story of the City in which the trees matured.
B. Tree Recycling Plan
1. Trees that are removed are subject to be potentially repurposed for their highest use.
This includes, but is not limited to, being milled into lumber, left in public spaces as natural architecture including wildlife habitat or crafted into useable products such as benches, picnic tables, new construction elements and / or other wood crafts/projects.
2. Suggested resources for wood processing can be found at urbansalvagedwoods.com & urbanwoodnetwork.org.
3. The selection criteria for urban wood shall be made at the discretion of the arborist.
4. Should wood not be eligible for repurposing into product, trees may be mulched or other biomass products for use in the community.
C. Species Replacement Plan
1. Tree replacement criteria should include a consideration for end of life uses, including lumber. For trees that are removed,with the potential for urban wood, a replacement tree from the Replacement Sustainable Species List (Appendix D) will be considered for replant.
2. It is recommended that these replacement species be selected in collaboration with local experts based upon the unique region and climate.
D. Urban Wood Public Construction Projects
1. Use of the certification standards as set by the Urban, Salvaged and Reclaimed Woods and endorsed by the Urban Wood Network is recommended to ensure quality. ( https://irp.cdn
website.com/c2c18019/files/uploaded/USRW standards 06.2022.pdf)
2. Urban wood should be considered in all city projects. To gain the maximized benefits of repurposed lumber from city trees, it is recommended that any new or modified public construction development that takes place within the city limits should include an urban wood element that is at a minimum cost of 1% of the overall project. This 28
1% is not in addition to project budget but can be included in items that would be necessary (i.e., locally sourced urban wood table vs harvested lumber table).
3. This measure assures that the market for the City of Upland's urban wood is local and sustainable, maximizing the benefit of repurposed lumber from urban trees.
4. It is suggested that urban wood utilization plans be approved by the City of Upland's planning department, if applicable. When approval is required, all project scope details shall be in accordance with all municipal construction and/or building code standards.
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SECTION 12 REFERENCES & APPENDICES
References
ANSI A300: Standards for Tree Care Operations—All Parts ANSI Z133: Safety Requirements for Arboricultural Operations ANSI Z60.1: Nursery Stock Standard Guide for Plant Appraisal, Current Edition California JPIA Tree Inspection and Maintenance Policy
ISA Integrated Pest Management BMP
ISA Integrated Vegetation Management BMP
ISA Managing Trees During Construction BMP
ISA Root Management BMP
ISA Tree and Shrub Fertilization BMP
ISA Tree Injection BMP
ISA Tree Inventories BMP
ISA Tree Planting BMP
ISA Tree Pruning BMP
ISA Tree Risk Assessment BMP
Tree Care for Wildlife Best Management Practices with Western Chapter ISA Appendices https://www.urban-forestry.com/city-trees-roundtables
http://www.isa-arbor.com/education/onlineresources/cadplanningspecifications.aspx http://www.ansi.org
https://www.arborday.org/programs/treecityusa/
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Appendix A. Tree Care for Wildlife Best Management Practices with Western Chapter ISA Appendices
Tree Care for Wildlife
Best Management Practices
with Western Chapter ISA Appendices
pi7i1 r
TREE CARE FOR BIRDS
AND OTHER WILDLIFE
Corey Bassett, Kara Donohue, and Ryan Gilpin
31
4113TERN CFrAPr&R
0.,I
INTERNATIONAL SOCIETY
OF ARBORICULTURE
Tree Care for Birds is a program of the Western Chapter of the International Society of Arboriculture. Paper copies of these Best Management Practices are available for purchase at www.wcisa.net at an affordable cost thanks to the generous support of West Coast Arborists, Inc and the Western Chapter.
Electronic PDFs of this material are freely available at www.treecareforbirds.com . Contact [email protected] for access to the text, illustrations, comments,or questions. Illustrations were created by Brian French, Monica Edwards, and Catie Michel. This version was published on April 13, 2022.
Tree Care for Wildlife Best Management Practices © 2021 is licensed under a Creative Commons Attribution 4.0 International License.To view a copy of this license,visit http://creativecommons.org/licenses/by/4.0/ . 32
Table of Contents
Acknowledgements 1
Purpose 2
Introduction 2
Minimizing Impacts to Wildlife 3
Managing Wildlife Habitat 19
Wildlife 23
US Wildlife Laws 35
Glossary 36
References 40
Additional Resources 42
Appendix A- Nest Buffers 43
Appendix B- Pre-Work Inspection Form Guidelines 46 Appendix C-Arizona 48
Appendix D- California 52
Appendix E- Hawaii 59
Appendix F- Nevada 64
About the authors 70
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Acknowledgements
We,the authors, would like to thank the many extended teams of experts who have contributed to this publication. This group came together across traditional disciplinary boundaries,representing many areas of expertise and organizations with diverse purposes across California,Arizona, Nevada, and Hawai'i, to establish guidelines for tree care and wildlife in this region. This publication is a significant revision and expansion of the first guidelines, Tree Care for Birds& Other Wildlife:Best Management Practices in California, published in 2018.
Too many professionals have contributed resources and guidance for us to enumerate here. We especially thank those who contributed through the public comment process. You helped to improve this document's content and usability for all professionals who will read and apply it.
Many thanks to the cohorts of biologists, agency staff,wildlife rehabilitators, and arborists from each state who contributed valuable local expertise to the making of this document. Each state appendix was authored and led by the following representatives from each state.
• Arizona: Beverly Babb and Jon Orona
• California: Kara Donohue, Ryan Gilpin,and Corey Bassett • Hawai'i: Ilana Nimz
• Nevada: Doug Chang, Matt Flores,and Mike Volmer
We are grateful for the indispensable support of the Western Chapter International Society of Arboriculture in supporting the Tree Care for Birds and other Wildlife Program. For this publication,we thank them for opening and sharing their immense network of professionals throughout this region which enabled the creation of our state-specific working groups. They were also key in disseminating,sharing, and facilitating activities like our public comment period, as well as other key program administration activities.
We thank Gillian Martin,of Cavity Conservation Initiative, and Andy Trotter,of West Coast Arborists, Inc.,for their visionary leadership and steadfast encouragement throughout this revision and expansion process. The Tree Care for Birds and other Wildlife Steering Committee has likewise supported and contributed to this document immeasurably.
Finally,we thank our past and present employers and supervisors at Southern California Edison, Nidus Consulting, Bartlett Tree Experts,and the University of British Columbia, for their support of our contribution and leadership to this important effort.
Corey, Kara,and Ryan
1 34
Purpose
This document was written to provide guidance to the tree care and landscape industry about how to minimize impacts to wildlife and manage wildlife habitat during tree work. Many wildlife species are in decline,due primarily to habitat loss and fragmentation,raising the importance of the work done by the tree care and landscape industry. Urban foresters create and manage habitat important to many resident and migratory wildlife,and most tree care workers and managers wish to act responsibly around wildlife.This document provides a general framework,coupled with regional examples for Arizona,California, Hawai'i,and Nevada, for how to minimize impacts to wildlife during tree care.
The federal, state,and local wildlife regulations are complex and carry significant consequences in terms of fines and public criticism. It is not always simple for tree care workers to understand how these layers of regulations and policy may apply to their work.
This document should be taken as guidance,and compliance is meant to be voluntary.These Best Management Practices (BMPs)are not meant to impose new regulations on the tree care industry,but rather aim to support wildlife and help those in the industry follow current laws and regulations.
Introduction
The tree care industry recognizes the importance of wildlife in the urban forest.
Much of the guidance on industry standards includes discussions of wildlife, along with the challenges and opportunities for arborists working with wildlife.
For instance,the Best Management Practices for Pruning(International Society of Arboriculture, 2019) recommends inspecting trees for signs of nesting wildlife prior to tree care,and lists managing wildlife habitat as a pruning objective. This document is designed specifically to address these challenges that arborists may face when balancing their work with care for wildlife and habitat.
Tree, shrub, and landscape care can disturb wildlife in a variety of ways.These activities may cause direct harm,such as injuring or killing wildlife or removing a nest with eggs or young wildlife within. However,some activities may cause indirect harm,such as leaving a nest intact but removing vegetation that protects it from exposure to weather or predators. Many factors go into whether tree care near nesting wildlife will be harmful, including wildlife biology,intensity and duration of work,and proximity of work to nests. The section Minimizing Impacts to Wildlife(page 3)outlines methodology for pre- work inspections and other practices that can help minimize the chances of killing, injuring,or otherwise impacting wildlife,but they cannot eliminate the 2 35
possibility. Similarly,these are only recommendations and should not be viewed as regulations or the only methods to minimize impacts to wildlife.
Pruning, removing, and planting trees alters habitat structure, but effective planting and maintenance of trees can both maintain existing habitat and create new ones to benefit wildlife. How tree decisions affect wildlife should be considered; for instance, removing dead branches because of risk should be balanced with the habitat value that the dead branches provide. Many species of wildlife depend on dead branches, especially cavity nesting wildlife.The section Managing Wildlife Habitat(page 19)outlines principles and ideas to consider when managing urban forests.
Thousands of species of wildlife migrate through or are residents of the United States. Much of the guidance provided in this document focuses on birds, because there are more state and federal laws focused on birds than the other groups of wildlife. Also, most adult wildlife are capable of leaving an area when they are disturbed, but nests with eggs and chicks are more vulnerable.
However, when applicable, guidance for other taxa is provided,and many of the methods that will protect birds will provide protection and habitat for other species as well. In the section Wildlife (page 24), more information is provided about the different types and terminology used to describe wildlife.
This publication was created for arborists in the Western Chapter of the International Society of Arboriculture. The geographic area covered by this Chapter is Arizona (page 48),California (page 52), Hawai'i (page 59),and Nevada (page 64). However, the main body of this document is intended to be broad enough that these recommendations can be applied throughout the country, and perhaps internationally. For state specific wildlife issues,such as local laws and regulations and ecology, see the appropriate Appendix at the end of the document.
Minimizing Impacts to Wildlife
Not all tree care work poses the same level of risk to wildlife. Knowing how to prepare prior to work and how to act on site can help reduce impacts of tree care to wildlife. This section provides a step-by-step guide, divided into subsections on:
• Training
• Project Preparation
• Fieldwork
• Considerations for Work Performed Near Active Bird Nests • Emergencies
3 36
Categories of tree care work are defined based on how likely workers are to encounter and impact wildlife. Each category has its own guidelines for what level of training and expertise may be most appropriate for each situation. Table 1 (page 9) and Figure 5 (page 14) bring these guidelines in this section together into a reference flowchart.
There are many ways an organization may minimize their impacts to wildlife.
Some organizations may choose to develop a programmatic approach. For example, rather than evaluating BMP recommendations as they apply to each individual work site,a company program could assess their area as a whole for potential conflicts and develop a program specific to their activities and impacts. An organization with a robust program in place may not follow these BMPs. However, these BMPs can provide a starting point for an organization beginning to develop a program.
Training
In the field,tree care workers should be aware of wildlife and respond to their presence by involving those with the appropriate training to handle complex situations that may arise. Without training,tree care professionals may not be able to recognize and react properly to situations with the potential to harm wildlife. Each category of work will require involvement of professionals with different levels of training in order to assess and conduct work safely.
Three tiers of training and associated knowledge expectations:
• Tree care workers with awareness training have received a brief overview with general information on looking for signs of nesting wildlife,which may be specific to the work location.This awareness training can be provided by a Wildlife Biologist or Wildlife Trained Arborist at the project site during the daily job briefing, or more generally when unrelated to a specific project.
• Wildlife Trained Arborists are tree care workers with training and/or experience in the following: knowledge of wildlife protection regulations,determining habitat value,conducting pre-work nesting inspections, identifying signs of nesting wildlife,determining if nests are active (contain eggs or young wildlife), responding to wildlife emergencies, and contacting Wildlife Biologists when needed. • Wildlife Biologists are knowledgeable and experienced in identifying wildlife species that may occur in an area, and are familiar with wildlife behavior, nesting requirements,tolerance to impacts, and suitable survey methods.
4 37
Training materials,such as an awareness training video, and other resources can be found at www.treecareforbirds.com .
Project Preparation
Preparation prior to visiting the site will help minimize impacts to nesting wildlife.The goals of the project preparation phase are to assess the breeding season and habitat value of a work site and use this information to select a Category for the fieldwork phase (Table 1, page 9). Categories are based on two criteria: the time of year(breeding season or non-breeding season) and the habitat value of the work area (low, high,or sensitive).The breeding season and habitat value are two indicators for how likely wildlife are to be present at the work site and how vulnerable they could be to tree work impacts.
Breeding Season
To minimize impacts, it is critical to identify, avoid, and protect wildlife nests.
Adult wildlife will likely flee when tree care workers arrive at a work area, allowing work to proceed. During breeding and nesting season, however,eggs and young wildlife are often immobile. Because they are vulnerable and stationary during this time period, nesting wildlife are likely to be impacted by tree and shrub care activities close by,either through exposure to the elements or through lack of parental care, such as regular feedings, because the activities are keeping the adults away from the area.
Nesting wildlife can be found in any type of habitat at any time of year.
However, certain types of habitats (for example, riparian areas or nature preserves) are more likely to contain nesting wildlife,and wildlife are more likely to nest during certain times of the year. Pruning branches near a nest with eggs or young in it may cause the parents to abandon the nest. It may also expose the nest and young to the elements or predators. Disturbance may cause older young to prematurely bolt from the nest.
It is important to note that breeding seasons vary by factors such as location, elevation,and species, and that climate change will also likely impact the timing of breeding season in the future. Even if work is scheduled outside of the breeding season, it is important to actively look for nests and breeding wildlife activity.
Habitat Value
Different types of landscapes have habitats of different value to wildlife. Habitat value is defined here as the likelihood of finding wildlife using an area throughout the year.The habitat values listed in this document are low, high, and sensitive. These definitions are not all encompassing,and many projects occur in areas that are not easy to classify using the below descriptions.The 5 38
goal of classifying habitat is not to determine whether wildlife will nest in that location, but to be more aware of areas that are likely to have nesting wildlife.
Even though wildlife do often nest in low value habitat areas,assessing the habitat value at a site during the project preparation phase can better identify a project's likelihood to impact breeding wildlife.
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Figure 1. Low value habitat-areas where wildlife are less likely to nest such as areas with high human use, high impervious surfaces, low plant species diversity,far from water bodies,few mature trees,few dead and dying trees, and few/no wildlife observed. For example, an urban area with high coverage of hardscape such as this parking lot is a low value habitat. 6 39
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Figure 2. High value habitat-areas where wildlife are likely to nest, such as areas with low human use, low impervious surfaces, high plant species diversity, high plant structural diversity, nearby bodies of water, many mature trees, many dead or dying trees,and/or abundant wildlife. For example, an open space used for non-intensive recreation, such as this park, has high value habitat.
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Figure 3. Sensitive habitat- areas where wildlife are very likely to nest such as riparian areas, critical habitat, nature preserves, known locations of special status species, and areas of previous nesting. These areas are often intact ecosystems which will vary widely from place to place. See the state sections for description of sensitive habitats in Arizona, California, Nevada, and Hawai'i.
Determining habitat value of a site can be challenging. Early in the process, aerial photography and online mapping software can give arborists an idea of what to expect on their site. Later,visiting the site gives arborists a chance to update their impressions of the habitat value of the site. When working in potentially sensitive habitats, a desktop review can add further detail to the habitat value of the site.
Desktop Review
Conducting a desktop review of the biological resources potentially present at a project location can help identify the appropriate category prior to tree care activities. Sources of information include U.S. Fish and Wildlife Service (USFWS) Critical Habitat Online Mapper, public lands maps(USFS, BLM,State Parks, etc.), and local Audubon Society chapters. Some state agencies have databases available to the public with locations of sensitive wildlife. See the state-specific appendices for more information. Should a desktop review reveal the project 8 41
location is in or near USFWS designated critical habitat, special status species locations, or sensitive habitat,the project activities may require more caution.
Prior to performing the work, also check to see if any special status species have been recently seen or are known to rely on the area. Google Street View is a useful tool for determining what an area may look like and what habitat may be present prior to a site visit.
Laws, local regulations, and policies may also exist and should be researched for individual areas prior to work. These laws and regulations tend to focus on whether wildlife were disturbed, injured,or killed. The agencies provide little information about what type of activities may be in violation of the laws. More information can be found in the US Wildlife Laws (page 35) and in the state appendices.
Work Categories
Tree care work can be roughly divided into three categories, based on the level of expertise and caution required to mitigate impacts to wildlife. The last step of the project preparation phase is to determine which category applies to the project in question, using information gathered during the desktop review stage on the habitat value and breeding season (Table 1). However, keep in mind that the level of expertise required for these projects may be dictated by other factors. Many construction projects with environmental permits will require Wildlife Biologists to be involved in the project, in which case one should be contacted rather than simply relying on the categories below.
Table 1. Determining Category
Low value High value Sensitive
habitat habitat habitat
Non-breeding Category 1 Category 2 Wry 3
season
Breeding season Category 2 I Category 3 Category 3 Category 1 is low value habitat during the non-breeding season where nesting wildlife are least likely to be encountered. A pre-work inspection by a tree care worker with awareness training is recommended.
Category 2 covers two situations. The first is low value habitat during the breeding season where nesting wildlife are more likely to be encountered. The second is high value habitat during the non-breeding season where habitats valuable to wildlife are more likely to be encountered. A pre-work inspection by a Wildlife Trained Arborist is recommended.
9 42
Category 3 covers high value habitat during the breeding season or sensitive habitat at any time of the year,where nesting wildlife and habitats valuable to wildlife are more likely to be encountered. Generally, best practice for this category is to contact a Wildlife Biologist for direction, but companies who have taken a programmatic approach to protecting wildlife may be able to use a well- trained arborist to minimize impacts in these locations. The Wildlife Biologist will collect information about the job,timing, and location to provide recommendations on how the project can proceed.They may be able to approve the work as planned, or they may need to visit the site and recommend timing or methodological changes to the project. For projects in sensitive areas, permits from regulatory agencies may be required for tree and vegetation pruning and removal.
Because wildlife can nest year-round in any type of habitat, the Category level assessed at the time of planning may change once fieldwork is underway.
Encountering signs of wildlife during fieldwork may require further expertise to handle the situation.
After selecting the appropriate Category,the final step of project preparation is to gather contact information for a Wildlife Biologist and local wildlife rehabilitator.This information will be important if a wildlife emergency or situation that needs expertise arises during fieldwork. A wildlife emergency is a situation where wildlife are injured, orphaned,or in danger,or where nests are abandoned or disturbed.
Fieldwork
After the Project Preparation phase (page 5),the appropriate Category of BMP determines how to proceed in the Fieldwork phase. For a Category 1 job, a person with awareness training should perform a pre-work inspection. For a Category 2 job,a Wildlife Trained Arborist should perform a pre-work inspection. For a Category 3 job, a Wildlife Biologist should advise workers when and how to safely work in the area. For any job,contact information for a Wildlife Biologist and wildlife rehabilitator should be on-hand in the field.
Figure 5 (Page 14) is a graphical depiction of this text.
The pre-work inspection should occur prior to starting work, but not more than a week before the work is planned to begin (Figure 4, page 12).The pre-work inspection can be part of the site walk to discuss the work for the day,safety precautions, etc., but is best done at a quiet time when wildlife activity can be observed. Wildlife activity is often greatest in cool mornings,so pre-work inspections should be scheduled for cool times of the day to increase the chances of discovering active nests before work begins. Work occurring in low habitat value areas that are in close proximity to high or sensitive habitat areas, such as work in a parking area next to a nature preserve or work along a street 10 43
that is adjacent to critical habitat for an endangered species, may impact species in those areas.
Wildlife present on a site does not mean that they will be negatively impacted by the work. It is important to look for active nests and signs of nesting wildlife.
Signs of nesting include:
• Nests that are difficult to determine if they are active, such as cavities, high in trees,or pendulous nests
• Wildlife breeding behaviors,such as carrying sticks and other nesting material , carrying food, acting agitated, distress calling(often harsh, repeating calls), dive-bombing crew members
• Concentrations of wildlife droppings
When a nest is discovered during the pre-work inspection or during fieldwork,a Wildlife Trained Arborist should perform an evaluation to determine whether the nest is active and what type of nest it is (see Figure 9, page 26, series for examples of types of nests). If it cannot be determined whether the nest is active or whether the nest is a raptor nest (typically a platform nest or cavity nest), a Wildlife Biologist should be called in to make this determination. If necessary due to tree removal, inactive nests can be destroyed provided no possession of the nest occurs. Local laws may protect inactive raptor nests (see California appendix, page 52).
Cavity nests cannot be directly observed to determine whether they are active. Instead, pre-work inspections will likely require observing signs of nesting wildlife to determine if there are eggs or chicks inside of the cavity.
Snags (standing dead trees) are good habitat for many cavity nesting species.
Additional scrutiny during pre-work inspections of snags is recommended.
When pruning or removing snags, consider having a Wildlife Biologist conduct a pre-work Inspection or delaying work until the non-breeding season. 11 44
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Figure 4. A tree care worker conducting a pre-work inspection is looking for signs of wildlife. Signs of nesting wildlife shown in this illustration are:1. a bird singing, 2. an active nest, 3. a bird carrying nesting material, 4. a tree squirrel,5. a cavity that may contain a nest, 6. a bird flying away, 7. whitewash excrement.
Category 1
• Low value habitat during the non-breeding season,
• Nesting wildlife are unlikely to be encountered,and • A pre-work inspection by someone with awareness training is recommended.
If any signs of wildlife are observed during the site walk or during the work,a Wildlife Trained Arborist or a Wildlife Biologist should be contacted. If there are no signs of nesting wildlife during the pre-work inspection, the work can proceed as normal. While working, be aware of wildlife, cavities, and nests.
Category 2
• Low value habitat during the breeding season,or
• High value habitat during the non-breeding season where • Nesting wildlife are more likely to be encountered,and • A pre-work inspection by a Wildlife Trained Arborist is recommended. 12 45
If no active nests are found that may be impacted by the tree work, the work may proceed. If active nests are found that may be impacted by the tree work, the best option is to delay the work until the young no longer depend on the nest and work can safely proceed. Most Wildlife Trained Arborists will not be able to identify the species of wildlife and predict when the nest is likely to become inactive. The Wildlife Trained Arborist may be able to recommend actions to minimize impacts to the nest besides delaying the work, but in most cases, it would be more appropriate to involve a Wildlife Biologist.
Category 3
• Sensitive habitat anytime,
• High value habitat during the breeding season,
• Nesting and/or sensitive wildlife are likely to be encountered,and • A pre-work inspection by a Wildlife Biologist is recommended.
For Category 3 sites,which include a high value habitat during the breeding season or when working in sensitive habitats,there is a higher chance of disturbing nesting wildlife or impacting special status species or their habitat.
Follow the direction provided by the Wildlife Biologist. This may mean work may proceed as planned,similar to Category 2, but more likely the Wildlife Biologist will recommend inspection and periodic monitoring until the work is complete.
If no active nests are found that may be impacted by the tree work, the Wildlife Biologist will instruct the crew to proceed with work while maintaining awareness of any wildlife in the area.
Next Steps When an Active Nest is Discovered
If active nests are found that may be impacted by the tree work, the best option is for the Wildlife Biologist to delay the work until the young no longer depend on the nest and work can safely proceed. In some cases the Wildlife Biologist may be able to suggest alternative methods to use near the nest (Considerations for Work Performed Near Active Nests, page 15) or suggest that work starts on a portion of the site, but that some areas are left until after the young have left the nest.
The best option is to implement a no-activity buffer around the active nest and delay work in the area until the young no longer depend on the nest. For birds, refer to the table in Appendix A (page 43) for suggested no-activity buffers and amount of time incubation and chick rearing takes based on species groups.The buffer ranges provided in this table are meant as starting points. State appendices provide more state-specific buffer information when appropriate. 13 46
Land managers and wildlife agencies may have buffer requirements for work performed on lands they manage.
Project Preparation
Low value habitat High value habitat Sensitive habitat Non-breeding season Category 1 Category 2
Breeding season Category 2
Fieldwork
Category 1 Category 2
/
Tree care worker with feodliferrdborlstrecomm ended) 1 I
Conduct Conduct Conduct
pre-work pre-work pre-work
Inspection inspection Inspection
Sign of nesting Found active I Work proceeds No WB discovers wildlife? Yes nest? per WB guidanceactive nest? No No Yes Yes
a r n circumstances constitute
an emergency?
Yes No
WB provides guidance on
continuing work to
minimize impacts
If necessary,WB WB provides guidance
relocates nest or on when work may
transports contents to a
wildlife rehabilitator proceed
Proceed to work be` , Proceed to work be proceed m work,be I( cognizant of wildlife, 'i oogniaant of wildlife, cognizant of wildlife, cavities,and nests while cavities,and ne sts wfiile ) cavities,and nests whim working working working
[ Legend: ] /Professional
Training Levu Decision Guidance Result
Figure 5:Project Preparation and Fieldwork phase decisions flowchart 14 47
A Wildlife Biologist can help refine the buffer to suit the situation and give a more precise estimate of when the nest will become inactive. A Wildlife Biologist can further refine the estimate for when work can resume in the area by periodically monitoring the nest.
Considerations for Work Performed Near Active Bird
Nests
This section provides information to better understand what a Wildlife Biologist does when evaluating work near an active nest. The focus of this section is on bird nests due to tree care activities being more likely to impact birds than other species of wildlife. They are more likely to be exposed to unfavorable weather conditions or be abandoned by the parents when work activities change the structure of the vegetation or keep the parents away from a nest for extended periods of time. However,some of these principles may aid when working near other wildlife nests as well.
When an active bird nest is discovered in a work area, it is best to delay work until the nest becomes inactive. In the absence of direction from a Wildlife Biologist, setting larger, more conservative no-activity buffers around the nest may help reduce the likelihood of impacts. However,there are circumstances when it may be possible to continue work in the vicinity of an active nest without resulting in the abandonment of a nest. When circumstances are such that imminent danger exists and may result in an emergency,or there is a public safety concern, it may be necessary to complete a minimal amount of work until the nest becomes inactive.
Key considerations for work near active nests include:
• the duration of the work to be completed,
• the tools used,
• the species involved,
• distance of the work to the active nest,
• the status of the nest(e.g. eggs present, parent incubating,young unable to fly, mature nestlings close to fledging),
• location specifics (e.g. urban vs. rural),and
• environmental conditions (temperature and wind).
Typically, a no-activity buffer, or an area in which no work should occur,would be established around the nest. The buffer should be large enough to allow for parents to continue normal nesting behaviors, such as incubating and caring for young. For example, if an active nest is discovered in a tree near a project, establish a cylindrical or circular area radiating out from the nest where no work activities may occur.This area should be large enough that the adult birds continue their normal activities of tending to the nest(Figure 6, page 17). 15 48
Work Duration and Temperature
An active nest is less likely to fail if the work duration nearby is kept to a minimum. When adults are kept away from an active nest during moderate weather conditions for short periods of time, they are less likely to abandon the nest,and mortality to the eggs or young is also less likely. However, if work duration is several hours or if weather conditions are extreme, the adults are likely to abandon their nest and mortality may result due to starvation, predation, or the eggs or hatchlings being too hot or cold. Keep in mind that eggs are more sensitive to overheating than to cold.The ideal temperature for an egg is similar to a human's body temperature, and adult birds maintain the eggs' temperature by modifying the time spent directly on eggs or hovering over eggs based on the ambient temperature. Eggs exposed to 104°F temperatures and higher die quickly, while eggs exposed to freezing temperatures will stop developing, but take longer to die (Ehrlich et al. 1988).
Tools
Often, disturbance level can be minimized by tool selection. A Wildlife Biologist may recommend hand or battery-powered tools instead of gasoline-powered tools to reduce noise. However, if hand tools significantly increase the duration of work at a location, the benefit from reduction of noise may be canceled out by the longer duration of work.
Species, Species Behavior, and Distance Considerations
Buffers for active nests should consider species-specific tolerances for disturbance, if known.Typically, larger buffers are used for large bird species and for species that are not tolerant of disturbance. Smaller buffers are generally used for smaller avian species and species that have a high tolerance for disturbance, such as those that are commonly found nesting close to development. Appendix A(page 43) provides approximate buffer distances to use as a starting point.
Some species differ in tolerance based on location, and therefore the appropriate buffer may vary. For example,a nest in a thicket or understory may be less likely to be disturbed than a nest in a more exposed location in a shrub or small tree, even though both nests are the same distance from the activity.
Likewise, a bird that has acclimated to human activities may be less likely to be disturbed at its nest than one that is not accustomed to human activity.
For ground-based activities,vertical separation of the nest from the construction area may be considered when selecting the appropriate buffer.
Some species build their nests very high in trees and structures. For example, a nest 50 feet off the ground is less likely to be affected by groundwork occurring directly below than a nest 10 feet off the ground. Nests close to the ground may be better suited to a cylinder shaped no-activity buffer area,while spherical no- 16 49
activity buffer areas may be suitable for nests farther from the ground (Figure 6, page 17).
The observed behavior of an individual bird during the nest search process and consequent nest monitoring will help determine the appropriate buffer distance. For example, an incubating adult that appears more skittish and is readily disturbed may require a larger buffer than an incubating adult that sits tight and appears more acclimated to disturbance.
25 k
Neat
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lb
Figure 6:Three-dimensional no-activity buffer around a nest Nest Status
Generally, nesting birds are most susceptible to failure early in the nesting cycle, when fewer resources have been invested towards the nest.Therefore, it is more important to reduce disturbances during egg laying rather than later in the nesting cycle. This means a larger buffer may be necessary early on, but its size could be reduced later in the nesting season.
If disturbance occurs when a nest is close to fledging,young may be more likely to leave the nest prematurely, unable to adequately fly,and therefore more susceptible to predation or injury. Similar to early in the nesting cycle, a larger buffer may be necessary until the young have fledged.
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Environmental Conditions
Extreme weather events may produce conditions that would increase the likelihood of nest failure. Combined with the stress of nearby activity, a nest might fail that would otherwise succeed. On unseasonably hot, cold,or windy days, buffers may need to be increased.
Maintaining Sufficient Nest Cover
Many nests require sufficient cover to provide protection from the elements and disguise from predators. It is important to ensure enough cover remains around a nest to prevent exposure to sun,wind, and rain,and to keep the nest obscured from the sharp eyes of predators such as corvids (ravens, crows, and jays), cats,coyotes, racoons, snakes,and others. Minimize removal of vegetation near nests and pay attention to how vegetation obscures a nest from various angles.
Summary
The appropriate buffer(area surrounding the nest where no activity may occur) for each nest often should be determined in consultation with a Wildlife Biologist. The Wildlife Biologist can use information from the above categories to judge the buffer size needed to avoid or reduce the likelihood of the abandonment of an active nest. When long work duration is combined with hot weather and the nest is in the early incubation stage, larger buffers will be needed. Alternatively, smaller work buffers may be possible when work can be accomplished in a few minutes, requires only hand tools,and occurs during cool weather. Considering all these factors when establishing buffers minimizes work activity impacts to nesting birds.
Emergencies
Wildlife emergencies occasionally occur during tree work. A wildlife emergency is a situation where wildlife are injured,orphaned, or in danger or where nests are abandoned or disturbed. While the priority is to try to avoid these emergencies, it is important to respond appropriately when they occur. If wildlife are injured or young wildlife or eggs are abandoned by their parents because of the tree work, contact a local wildlife rehabilitator.
Be prepared to describe the situation clearly and in detail, including any information that can be provided about the species involved. The wildlife rehabilitator can offer guidance on how to proceed. In some situations, they may advise doing nothing and allowing the parents to return and care for the eggs or young. In other situations,they may ask you to deliver the wildlife and will provide instruction as to how to safely transport it. To continue working after a wildlife emergency,a Wildlife Biologist should be contacted. 18 51
If no wildlife emergencies occur and no signs of nesting wildlife are observed, continue working while being aware of wildlife, cavities,and nests. If at any time the crew feels uncomfortable or unsure of how to work in the area, contact a Wildlife Trained Arborist or a Wildlife Biologist.
To find a local wildlife rehabilitator, refer to each state section for additional resources. When working in other areas, conduct a web search for "wildlife rehabilitator (City, State)" or contact the local Audubon chapter,other wildlife groups,or your state wildlife agency to connect to local resources.
A human health and safety emergency is an immediate risk posed to human health and/or safety that requires action to alleviate dangerous circumstances.
In the case of a human health and safety emergency, a Wildlife Biologist can help coordinate permission to remove an active nest with the US Fish and Wildlife Service and other agencies. Wildlife agencies can grant permission for removal of an active nest when deemed appropriate. If a tree with an active nest needs to be removed for human health and safety,a Tree Risk Assessment Qualified (TRAQ) arborist should perform a Level 2 inspection,show that the tree risk exceeds risk tolerance of the property owner,and seek USFWS and state agency approval. In a time-sensitive situation, action may need to be taken before permission can be received, but this should only be done in the most extreme situations.
Managing Wildlife Habitat
Resident and migrant wildlife visit and live in cities because of their urban forests. Cities would have significantly less habitat available if not for the tree care industry. When tree care crews work in landscapes, they change the structure and availability of potential habitats for wildlife. Many factors go into tree care decisions, such as plant health, branch structure,clearance requirements, aesthetics, risk, and climber safety, but wildlife habitat should also be considered.
Any time that a crew is working near,or may encounter, nesting or sensitive wildlife,they should be following the recommendations for Minimizing Impacts to Wildlife (Page 3). This section is not intended to provide mitigation for removing active nests or sensitive habitat, but to provide guidance for urban forest management.
Managing wildlife habitat includes both attempting to increase and decrease habitat value. Most of this chapter will focus on ways to increase habitat value.
Decisions to reduce habitat for species considered pests should not be taken lightly but are necessary in some situations. Possible reasons to decrease habitat value include minimizing human wildlife conflicts due to planned 19 52
construction,excessive feces or noise in use areas,and wildlife damaging infrastructure. Research,experience, and common sense can guide tree care workers in managing wildlife habitat.
What Wildlife?
Whether wildlife is considered valuable or considered a nuisance is,for the most part, based on subjective opinion. For instance, both peregrine falcons (Falco peregrinus) and rock pigeons (Columba livia) live on tall buildings that mimic cliff faces in urban centers. But falcons are often celebrated, and pigeons are generally not appreciated,even though pigeons are the main food source for the falcons. Some people love wildlife that others consider pests.
Although it would be impossible to determine exactly what effects different urban forestry management decisions would have on all wildlife species, arborists should consider that not all wildlife are apparent at all times of the day and seasons of the year. Additionally, impacts may not be apparent immediately, or for a long time. Commonly, impacts are less apparent to the public and are only noted as a result of intentional and informed observation.
Arboricultural Practices for Wildlife
Generally, expanding landscapes by planting trees, shrubs, and groundcover will create more habitat for wildlife. The hundreds of species of wildlife that visit and live in urban landscapes have many different habitat requirements.
Supporting diverse arrays of habitats is often the best way to support diverse wildlife populations.
Proper pruning, plant health care, planning, irrigation, pest and disease management,and managing risk are important to keep trees and shrubs healthy and thriving in human-dominated settings. Decades of research and experience have gone into growing and maintaining landscapes,and many of these topics are covered in International Society of Arboriculture Best Management Practices. Research in urban ecology and habitat restoration is fast evolving to further understand how our actions affect urban wildlife.
Some practices in the tree care industry that are of importance to wildlife include:
Tree Planting & Species Selection
• Plant young trees and ensure proper establishment (irrigation,support, structural pruning,etc.) and lifetime maintenance.
20 53
• Increase tree species diversity. Regardless of current diversity,when planning tree planting, look to increase species diversity,especially those likely to be resilient in future climates.
• Increase groundcover and shrub cover. Landscapes should contain shrubs and groundcovers important for wildlife. The shrub layer is especially important for escape cover, allowing wildlife to hide from predators and seek shelter from the elements.
• Increase native species cover. Some native trees have low suitability to urban situations which makes it difficult to meet tree diversity targets using only native trees. A wider variety of native bushes and ground covers may also be available and are likely underrepresented. • Increase tree age diversity. Diverse landscapes have young trees and mature trees.Young trees are planted each year and mature trees are managed and protected to extend their lifespan.
• Increase spatial diversity.The above factors will be more beneficial if distributed unevenly throughout an area. For example, a new species should be planted throughout a city, not just in one area. • Avoid planting invasive plants. Even when planted in dense urban centers where invasiveness may not be locally problematic,seeds of invasive plants can travel long distances and cause problems in parks, backyards,and riparian areas. Invasive plants may provide habitat to wildlife, but often outcompete native vegetation and cause significant ecological and economic impacts. Invasiveness is regionally specific, so use local guides in determining whether plants are invasive.
Integrated Pest Management(IPM)
• Maintain insect communities by providing diverse habitats, using biological and mechanical treatments,and limiting widespread use of broad-spectrum pesticides. An IPM approach uses only narrow- spectrum pesticides when pest populations reach intolerable levels.
Pruning
• Trees should be inspected periodically. Branches and trees should only be removed to meet objectives.The value of the branch for wildlife habitat should be balanced with the needs of the pruning objectives. • Retrenchment is a natural progression that many trees go through later in life,and retrenchment pruning is practiced in some areas to extend the life of declining mature trees. The goal of these practices is typically to extend the life of an aging tree,which can be beneficial to wildlife as well.
Cavities
• Preserve trees and branches with cavities to support cavity nesting bird populations.
21 54
• Installing nest boxes may be one way to replace the loss of cavities from dead, dying, and decaying tree and branch removal. Preserving trees with cavities is preferred, but artificial cavities or nest boxes are a secondary option.
• Where needed for specific cavity nesters,diversify habitats through methods such as girdling trees to kill them in areas where dead trees are not common, cutting the tops off of trees to create snags, and using chainsaws to cut artificial cavities into trees to increase the habitat value for secondary cavity nesters. Forestry researchers have investigated the effectiveness of some of these techniques,and tree care workers are actively experimenting with them in urban settings.
Nest Boxes: When nest boxes are provided, they can be quickly occupied and sometimes lead to an immediate rise in breeding density. Cavity nesting bird populations are not solely limited by the availability of cavities. When managing habitat for these species,the availability of suitable food and types of predators in the habitat should be considered. Dead,dying,and decayed trees and branches are complex ecosystems and simply attaching a nest box to a young tree cannot replace the lost value of those ecosystems. If installing nest boxes, the correct design, height, protection, and maintenance need to be considered. Cornell's NestWatch Program is a valuable source of information regarding these requirements,as well as what regional cavity- nesting species may benefit from a nest box (Additional Resources, Page 42).
Preserving Dead, Dying, and Decaying Trees and Branches (Wildlife Trees) • Leave dead and decaying trees where they pose low risk to humans.
Wildlife that nest exclusively in dead,dying, and decaying trees and branches benefit greatly from awareness of their habitat requirements and efforts to preserve these types of trees. Many dead,dying,and decaying trees and branches are removed when they pose little risk but could greatly benefit wildlife. Local Wildlife Biologists and Audubon Chapters may be able to help with specific needs and recommendations for an area or project.
• Snags with nearby targets should be managed to an acceptable level of risk and monitored over time.
• Many species of wildlife benefit when sections of trunks and branches, brush piles, or toppled trees can be incorporated into the landscape aesthetically and with an acceptable level of risk (Figure 7, page 23). 22 55
Balancing Wildlife Habitat and Risk
• Consider different hazards when managing for wildlife habitat. For example, dead trees should be preserved or managed for safety, and whole or portions of dead branches should be left in trees, primarily in low occupancy areas, where they are unlikely to strike people and power lines.When removed, portions of trunks and branches can be left on the ground as long as they are not an excessive tripping or fire hazard.
• Standing dead trees, down woody debris and dense shrubs are highly flammable vegetation.These habitat features should be preserved primarily in low fire-risk areas, away from structures, or as non- continuous features to break up fuels.
f40
ii
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a
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I
11,41eri-t-„tiz, 4,. : ,,,,. ., ill
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Figure 7:Snags are important habitat for wildlife and can be aesthetically incorporated into a landscape. Dead trees can be preserved or managed for risk, and whole or portions of dead branches can be left in trees,primarily in low occupancy areas, where they are unlikely to strike people and other important targets. 23 56
Wildlife
Wildlife is a general term used to describe non-domesticated animals.There are millions of species of mammals, birds, reptiles, and insects in the world, and thousands of species of wildlife migrate through or are residents of the United States. Many resources are available to learn more about local wildlife; see the state appendices for wildlife information specific to Arizona, California, Hawai'i, and Nevada.
To understand how tree care decisions affect wildlife, it is important to first have some understanding about the different kinds of wildlife and their habits.
This section discusses wildlife that may be encountered during tree work that arborists should be aware of. These are the wildlife that rely on trees and landscapes for food and shelter as they feed, nest,and reproduce.
Wildlife Terminology
Native, Non-native, Invasive
A native species is present in its known range by a natural process as opposed to an introduced or non-native species. A non-native species is one that has been brought to a new geographic region beyond its normal range. An invasive species is a species exhibiting a strong ability to colonize an area and harm other, usually native, species. Invasive species are often non-native, such as European starlings and house sparrows. Occasionally however, some may consider native species invasive when they colonize new areas due to human alteration of habitat, and then impact species in those areas.These native species are still protected by law despite being considered invasive. An example is the brown-headed cowbird. This open country species has benefitted from habitat fragmentation,which provides them with access to interior forests where they lay their eggs in the nests of several other bird species. Then,the host species raises the birds' young, at the expense of their own.
Endangered, Threatened, Special Status
An endangered species is one that is very likely to soon become extinct,either globally or in a specific geographic area, while a threatened species is one that is at risk of becoming endangered. To prevent species extinctions, international, federal, and state authorities give certain wildlife, plant, and fungi species special legal status, entitling them to various protections under law.
How species are added to these protected lists, and what these legal designations mean in terms of ability to preserve the species,varies between each legislation. Additionally, there are many species known to be sensitive to human disturbance and/or in decline that are not legally designated as 24 57
endangered,threatened,or of another special status. Nevertheless,these species should still be treated with special awareness.
Birds
These BMPs focus specifically on birds for four main reasons:
• More laws protect birds than other wildlife, and so more methods for protecting nesting birds and managing bird habitat during tree care have been developed than for most other groups of wildlife. • Birds are a diverse group of wildlife making up a large percentage of the wildlife diversity worldwide.
• Many people are fascinated by birds. There are far more bird watchers and bird related conservation organizations than for other groups. • Many bird species heavily depend on trees,so tree care will likely affect bird species (both positively and negatively) more than other groups of wildlife.
Bird species have varied behaviors and life cycles that affect how they interact with the environment. Trees and other vegetation serve as food sources, nesting locations,and roosting sites. Nests are built in trees, shrubs,other vegetation,and on man-made structures, and they may be found high in trees, in burrows underground, or anywhere in between (Figure 8).These same locations are often used by adult birds to roost(or sleep) during the day or night, depending on the species. 4 4, ', 4 i
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Figure 8. Nest locations may be high in trees, on the ground, and everywhere in between. Certain wildlife tend to build nests in certain locations. 25 58
Tree care workers should be aware of the variety of types and locations of nests (Figure 9 series, page 26). Nests can be hard to find, but birds will visit the nest to deliver food to their young brood or to a nesting parent bird. Some birds can be very noisy around their nests when you approach it. When protecting their nests, birds may fly or swoop at apparent threats, make repeated warning calls, or stay put and attempt to camouflage their nests. Pre-work inspections are the best way to investigate if birds are using the site or not.
Figure 9a. Cup nests are
common among small
„'� -~- _ . � songbirds like robins,finches,
� , ,, and hummingbirds. Whatever
r�,
' j their size, cup nests always
�, '16,:, have a deep depression. They
$,,A 1� tend to be sturdy,founded on
. , _--
�< supportive coarse woody
• � .
R;, 7 .i• _ twigs,sometimes bound with
� EV mud, and are lined inside with
� ,
C(� Y jl.:r �
softer vegetation or feathers.
r
Figure 9b.
Hanging/pendulous nests
", ° ' '! - C '� ,' hang from palm fronds or � tree branches and are made
�' z ? ' b species like bushtits and
* i orioles. These nests are
^ _ supported by slings of
' ' i strong but flexible material.
/
/ \A. ,lib.--- '
26 59
Figure 9c. Excavated cavity nests are
• among the most difficult to detect and
I F:, ' y� '-,,-, -. to determine whether vacant or k �, occupied. Their entrances are
characteristically round, carefully
,,:4:-. '° ''1 " chiseled, and generally no more than s 2-3 inches in diameter and can occur
or.:- y almost anywhere on the trunk or
',,. ,, ' x' branches. Though initially made by woodpeckers, birds like Western
bluebirds, house wrens, owls, and
t� ,; j •
'`r _H other wildlife use these nests as well.
4 k Cavitynesters are especially relevant
to the tree care industry because most'' cavity nesters are wholly reliant on .:ti..C -' -_ trees for their nesting success and
Y because these cavities indicate
potentially weak internal tree
structure. Nest boxes are replications
of cavity nests.
IIII ,
r� A `r ''.
[y• U� Figure 9d. Natural cavity
' ) % ' nests have openings that
),�'.�,'' are highly irregular in shape
and size. Occupancy
1 ` •/ increases during the nesting
!` k • season, but some cavity
(J!1�, _.� ' nesters use them as roosts
j0,404.i ' all year. Often these cavities
1� „ `{ ,
i k ,4 are formed from branch
o ► failures decaying in living or
$\ dead trees. Mammals also
-r
�` L-.t � i ��. use these cavities during the Vie . ' nesting season.
--.i :�.
27 60
Figure 9e. Scrape nests
are slight depressions
on the ground or on
ledges that have been
;' , ;.F., 3;-., .) slightly cleared to
l/ :'� , `s ��� create a nest. The are
,, y
�� --'n_• . :�' a n �� � made by birds such as •q.{-ev. =` .t� ' killdeer, shorebirds,
'� €23"-_4 4. peregrine falcons, and a few owls.
f' Figure 9f. Inactive nests
i / r have no eggs or young
lF rr
7 / that are reliant on the
1 BAN\ :- `�.✓, nest. Sometimes the
,4 \r
\v' nest structure is
, r`� '�* damaged, material is
-.- -" �- loosened, and many
Vi ,,, � �
'�� ��,w ��. bird droppings are
„� �•1��_ \ present. This example
€, „ .., shows a nest from a
�� '
/, I. . �4 i i `' previous season that is
� clearly inactive.
28 61
There are two groups of birds that are important to differentiate from other birds:
• Raptors, which include hawks, eagles, owls, vultures, and falcons, have distinct life cycles and biology. Raptors are typically predators and are also referred to as birds of prey. Raptor nests can be easier to spot as they are larger nests (Figure 10), often with animal debris located below them. It is important to distinguish them from other types of birds because they may have specific legal protections (such as eagles) and are often more sensitive to disturbance. Raptors often require larger no-activity buffers to prevent impacts.
>• /
'?
41 f f •
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•
Y •
Figure 10. Platform nests are most often made by large, heavy birds like raptors, doves, and others. Upper canopies and tree tops are ideal for these large nests. Nest materials are primarily woody. These structures, which take considerable time and effort to construct, can last several seasons. 29 62
• Colonial nesters,which include waterbirds and other species,can nest together in a large group called a colony or rookery (Figure 11). Most waterbirds nest on rocks or cliffs, but egrets, cormorants and herons can create colonies in trees.These colonies are often messy, noisy, and considered a nuisance.
N.4 I y 1r ` ';{�.`._`�'
4 /
I I
g - F la1
�:. ., '
i, , ___, .-; ,,-ft, 1 / 1 ,..... "' ..N4,7' "ritlitO _ -'
\it... /'--7 /
f\
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i ..--- ,, 7' i't: 11/, - -----
/‘ t 2:.--; ee--, Al
0 Figure 11:Rookeries are colonies of waterbirds nesting together in one location.
Birds typically build and lay eggs in a nest. After the eggs hatch,the birds develop,grow feathers, and learn to fly. During this period, they cannot flee and are dependent on protection from their parents. Leaving the nest can be fatal when they are very young. As they get closer to fledging, leaving the nest is more common and may be part of their natural cycle. Often,young birds found on the ground are still protected and fed by their parents as they continue to develop. Wildlife rehabilitators specialize in determining the status and needs of birds in these types of situations, based on their expert knowledge of species and habitats (Emergencies, page 18).
Mammals
Many mammal species can be encountered during tree care. Species such as tree squirrels and some bats depend on trees for food and shelter. Other common mammals,such as raccoons and opossums, use trees for shelter and denning but will also use other convenient places. In some areas, arborists may 30 63
also find coyotes, bobcats, rabbits or other mammals in shrubs and grasses around trees.
There are many sensitive and protected mammal species that arborists should be aware of,despite a reduced likelihood of an encounter during tree care. No federal law provides broad protection to mammals like the Migratory Bird Treaty Act does for birds, but some mammal species are covered by the Endangered Species Act [e.g. Riparian woodrat(Neotoma fuscipes riparia), Hawaiian hoary bat(Aeorestes semotus)] or state-specific laws and regulations.
Check the State Appendices for further information on protected mammal species.
Most tree squirrels build nests called dreys which are an aggregation of leaves or other locally available material at branch intersections (Figure 12). At times, dreys may be hard to distinguish from bird nests, as squirrels will use old bird nests (and vice-versa) to build a new drey. They also use cavities in trees as dens, and may prefer them in the harsh winter months because they offer more protection from the elements. Many tree squirrels build multiple nests and rotate their young through them. Squirrels tend to have two broods, one in spring and one in fall. Flying squirrels are less common and typically nest in cavities in trees.
f
is
Asp rT,",-..),4
,
4.t ,• Figure 12. Tree squirrels
•
,1., raise their young in nests
`N, _Sit built out of leaves called
4— dreys.
)/
31 64
Some bat species use trees as temporary, daytime, and/or long-term roosts or maternity sites,though many bats prefer to roost in caves, buildings, and structures like bridges.Those that use trees do not construct nests, but instead find shelter in cavities,cracks, and crevices, under loose bark,or hanging among the foliage (Figure 13). For example, palms with dead, hanging fronds provide excellent shelter. Depending on species, they may roost or raise their young as individuals or in colonies—tree dwelling bats are more likely to be solitary or in small groups. Bats are inactive in the day (unless disturbed) and are rarely seen, except at dusk when they emerge from roosts to feed on flying insects. Bats are also less active and may not fly away during the cold fall and winter months. f`i 11� li :
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Figure 13:Bats don't construct nests but instead find shelter in cavities, cracks, and crevices, under loose bark, or hanging among the foliage.
In some areas, it may be important to differentiate the black rat(Rattus rattus) from woodrats (Neotoma spp.). Woodrats build large stick nests in tree canopies, at the base of trees, and in shrubs (Figure 14, page 33),and some species of woodrats have special status-specific protections. However,the black rat does not have these protections and can be found nesting in trees as well. 32 65
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• Oi
; f lik fr.../-11--
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r, F�1! 1�tj -n' .
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Figure 14: Woodrats build large(up to 8 feet tall by 8 feet wide)stick nests in tree canopies, at the base of trees, and in shrubs.
Reptiles and Amphibians
Shelter and cover are critical to the life cycles of reptiles and amphibians. They are ectothermic,or "cold blooded,"and rely on environmental heat sources like the sun to regulate their body temperatures. On trees, they can be found basking in the sun and living in cavities. Areas with downed wood, bark,or large pieces of decaying wood are ideal sites for amphibians and reptiles,as they serve as both shelter and food source.
Examples of reptiles and amphibians that may be found during tree care:
• The arboreal salamander(Aneides lugubris),an amphibian native to California, is adapted for climbing and has been found high in tree top canopies.
• Tree frogs are another group of amphibians often found on trees, especially near waterways.
• The endangered Yosemite toad (Anaxyrus canorus), lives in holes in the ground; however,they are usually not found in turf-covered areas. 33 66
There is no federal law providing broad protection to reptiles and amphibians such as the Migratory Bird Treaty Act for birds, but some are covered by the Endangered Species Act [e.g. Yosemite toad (Anaxyrus canorus), desert tortoise (Gopherus agassizii)] or state-specific laws and regulations. Check the state appendices for further information on protected reptile and amphibian species.
Snakes are rarely found in trees (though occasionally found in tree cavities) but can often be found on the ground or at the base of trees and shrubs(Figure 15).
Some snakes are venomous.
•
•
•
Figure 15:Down woody debris is important habitat to reptiles;snakes often are found beneath logs.
Insects
Over 90,000 species of insects are identified in the United States. Insect species occur in almost every habitat and niches within habitats.There is no federal law providing broad protection to insects or other invertebrates such as the Migratory Bird Treaty Act for birds, but some insect species are covered by the Endangered Species Act [e.g. Delhi Sands flower-loving fly(Rhaphiomidas terminatus abdominalis), Valley Elderberry longhorn beetle(Desmocerus californicus dimorphus)] or state-specific law and regulations. Check the State Appendices for further information on protected insect species.
Insects are a foundational part of the food web. Insect populations provide the base of the food web for many species of wildlife, and are important pollinators 34 67
for trees and other plants. High insect diversity can also act as a buffer to limit insect pests. Pest species are in the minority of insects and should be managed when populations exceed thresholds,while healthy insect populations contribute to landscape health.
US Wildlife Laws & Other
Regulations
The United States federal wildlife agency is the U.S. Fish and Wildlife Service ( www.fws.gov) which enforces federal wildlife laws and regulations.
Below is a list of laws and regulations pertaining to wildlife that are relevant to the tree care and landscape industry.The specific language from these laws is provided in quotations for reference. Language not in quotations is explanatory and paraphrased.
Federal Wildlife Regulations
The primary Federal laws protecting birds as well as other wildlife include:
Migratory Bird Treaty Act(MBTA)
• Protects most species of birds in North America along with their parts (e.g. feathers),eggs, young, and nests.
• Upland game bird species (such as quail and grouse) are not protected by MBTA, but rather are regulated by states.
• "The MBTA provides that it is unlawful to pursue, hunt, take,capture, kill, possess,sell, purchase, barter, import,export,or transport any migratory bird,or any part, nest,or egg of any such bird, unless authorized under a permit issued by the Secretary of the Interior. Some regulatory exceptions apply."Take is defined in regulations as: `pursue, hunt, shoot,wound, kill,trap,capture, or collect,or attempt to pursue, hunt, shoot,wound, kill,trap,capture, or collect."
Endangered Species Act(ESA)
• Protects species listed as threatened or endangered by U.S. Fish and Wildlife Service.Take is defined as "harass, harm, pursue, hunt,shoot, wound, kill,trap,capture, collect,or attempt to engage in any such conduct". In addition to protecting species,the Endangered Species Act also protects the habitat a species depends on.
Bald and Golden Eagle Protection Act(BGEPA)
• Protects bald and golden eagles.Take is defined as "pursue,shoot, shoot at, poison, wound, kill, capture,trap, collect, molest, or disturb".
Unlike MBTA, BGEPA also protects eagles from disturbance. 35 68
• Eagle nests are protected year-round, regardless of status,and require a permit to remove or destroy.
Federal Utility Regulation
North American Electric Reliability Council(NERC)Standard FAC-003-4:
Transmission Vegetation Management Standard
• "To maintain a reliable electric transmission system by using a defense- in-depth strategy to manage vegetation located on transmission rights of way (ROW) and minimize encroachments from vegetation located adjacent to the ROW,thus preventing the risk of those vegetation- related outages that could lead to Cascading."
• Provides minimum required clearances from vegetation based on voltage and altitude.
Tree Care Ordinances
Tree care is often regulated by local ordinances and policies as well as private organizations (HOAs, tree boards, etc.). These regulations may cover tree species,tree planting,spacing and distances from curbs and other infrastructure, pruning and other maintenance practices, tree removal, landscape provisions in community plans and development permits, compliance enforcement,and establishment of an advisory board.
36 69
Glossary
Awareness training- a brief overview with general information on looking for signs of nesting wildlife, which may be specific to the work location. This awareness training can be provided by a Wildlife Biologist or Wildlife Trained Arborist at the project site during the daily job briefing, or more generally when unrelated to a specific project.
Breeding season -the time of year when most wildlife breed, nest, and care for offspring that cannot care for themselves. In some years,variable weather patterns or abundance of food may cause early or late breeding.
Buffers- areas established around an active nest in which no-activity can occur to prevent detrimental impact on eggs or young, abandonment or nest destruction.
Category 1- For a low value habitat during the non-breeding season, pre-work inspection by a tree care worker with awareness training is recommended.
Category 2- For a low value habitat during the breeding season or a high value habitat during the non-breeding season, pre-work inspections by a Wildlife Trained Arborist are recommended.
Category 3- For high value habitat during the breeding season or sensitive habitat areas at any time of the year,the project should follow recommendations from a Wildlife Biologist.
Endemic-a plant or animal that is native only to a specific area.
Habitat value -the likelihood of finding wildlife using an area throughout the year.
Sensitive habitat-areas where wildlife are very likely to nest, such as riparian areas,critical habitat, nature preserves, known locations of special status species and areas of previous nesting.
High value habitat-areas where wildlife are likely to nest, such as areas with low human use, low impervious surfaces, high plant species diversity, high plant structural diversity,close to water bodies, many mature trees, many dead or dying trees, and/or with abundant wildlife.
Low value habitat- areas where wildlife are less likely to nest, such as areas with high human use, high impervious surfaces, low plant species diversity, far from water bodies, few mature trees, few dead and dying trees,and few/no wildlife observed.
37 70
Human health and safety emergency- immediate risk posed to human health and/or safety. Requires action to alleviate imminent danger circumstances.
Invasive species-species exhibiting a strong ability to colonize an area and harm other species.
Nest-a structure or place made or chosen by wildlife for laying of eggs or sheltering its young.
Active nest- eggs or young present
Inactive nest- no eggs or young present
Abandoned -eggs or young present, but adults are no longer returning to tend the nest
Native species-species that is present in its known range by a natural process as opposed to an introduced species.
Non-native species-species that has been brought to a new geographic region beyond its normal range.
Non-breeding season -the time of year when most wildlife are not breeding, nesting, or caring for offspring that cannot care for themselves. Depending on the region, most wildlife do not breed during a period usually corresponding to fall and early winter months, in most years. In some years,variable weather patterns or abundance of food may cause early or late breeding. See the state Appendices for specific information.
Raptors- birds of prey such as owls, hawks,eagles,vultures,and falcons which are in the orders Strigiformes,Accipitriformes, and Falconiformes.
Riparian habitat-areas that are the interface between land and constant or intermittent rivers or streams and generally provide the highest value habitat for wildlife. Riparian areas can be identified by their distinctive soils and vegetation. This may include concrete channels when the associated riparian vegetation and soils are present.
Signs of nesting wildlife- nests that are difficult to determine if they are active, such as cavities, high in trees,or pendulous nests; wildlife breeding behaviors, such as carrying sticks and other nesting material, carrying food, acting agitated, distress calling(often harsh, repeating calls), dive-bombing crew members; concentrations of wildlife droppings.
38 71
Sensitive habitat-habitat that is home to special status species and/or the habitat itself may be rare and could be easily disturbed or degraded by human activities and developments.
Special status-species of wildlife that have one or more designations from authorities.The U.S. Fish and Wildlife Service establishes lists of endangered, threatened,and candidate species. Individual state wildlife agencies also frequently maintain their own lists of special status wildlife. These lists may or may not be affiliated with a legal or regulatory status. If there is potential to encounter special status species,contact the agency responsible for the species or a Wildlife Biologist familiar with the species for further guidance.
Tree-a woody perennial, usually having one dominant vertical trunk and a height greater than 15 ft.
Tree care worker-a term that can describe any professional working with trees including but not limited to arborists,tree climbers, trimmers,ground workers, consultants, managers,etc.
Wildlife-undomesticated living animals, especially birds, mammals, amphibians, and lizards.
Wildlife Biologist-a person with knowledge and experience in identifying wildlife species that may occur in an area and is familiar with wildlife behavior, nesting requirements,tolerance to impacts and suitable survey methods.
Wildlife emergency-a situation where wildlife are injured,orphaned, or in danger or where nests are abandoned or disturbed.
Wildlife rehabilitator- an individual or organization with training, experience, and (if required) applicable permit(s) allowing them to care for injured or abandoned wildlife.
Wildlife Trained Arborist-a tree care worker with training and/or experience in: knowledge of wildlife protection regulations,determining habitat value, conducting pre-work nesting surveys, identifying signs of nesting wildlife, determining if nests are active, responding to wildlife emergencies,and contacting Wildlife Biologists when needed.
39 72
References
City of Portland Environmental Services. (2016).Avoiding Impacts on Nesting Birds:Best Management Practices for Vegetation and Construction Projects. 44 p. https://www.portlandoregon.gov/bes/index.cfm?a=322164 Dunster,J., Smiley, E.T., Matheny, N. P., & Lilly,S. (2013). Tree Risk Assessment Manual. International Society of Arboriculture.
Ehrlich, P.R., D.S. Dobkin,and D. Wheye. (1988). The Birder's Handbook:A Field Guide to the Natural History of North American Birds.
Lilly, S., E. Gilman,and T. Smiley. (2019). Best Management Practices -Pruning, Third Edition. International Society of Arboriculture.
Ehrlich, P. R., Dobkin, D. S., &Wheye, D. (1988). The birder's handbook:Afield guide to the natural history of North American birds:including all species that regularly breed north of Mexico. Simon and Schuster.
International Society of Arboriculture. (2015). Glossary of Arboricultural Terms.
Harris, R. W.,Clark,J. R., & Matheny, N. P. (2003).Arboriculture:Integrated management of landscape trees,shrubs, and vines (4th ed). Prentice Hall.
Kane, B.,Warren, P. S., & Lerman,S. B. (2015). A broad scale analysis of tree risk, mitigation, and potential habitat for cavity-nesting birds. Urban Forestry & Urban Greening, 14(4), 1137-1146. https://doi.org/10.1016/j.ufug.2015.10.012 Laudenslayer, W.F., K.E. Mayer, M. White,and D.C. Ziener. (1990). California's Wildlife, Volume II California Statewide Habitat Relationships System. California Department of Fish and Game. 732 p.
Newton, I. (1994).The role of nest sites in limiting the numbers of hole-nesting birds: A review. Biological Conservation, 70(3), 265-276. https://doi.org/10.1016/0006-3207(94)90172-4
Chace,J. F., &Walsh,J. J. (2006). Urban effects on native avifauna: A review.
Landscape and Urban Planning, 74(1), 46-69.
https://doi.org/10.1016/j.landurbplan.2004.08.007
Rosenberg, K. V., Dokter, A. M., Blancher, P.J.,Sauer,J. R., Smith,A. C., Smith, P.
A., Stanton,J. C., Panjabi, A., Helft, L., Parr, M., & Marra, P. P. (2019). Decline of the North American avifauna. Science, 366(6461), 120-124. https://doi.org/10.1126/science.aaw1313
Smiley, E. T., N. Matheny,and S. Lilly. (2017). Best Management Practices -Tree Risk Assessment, Second Edition. International Society of Arboriculture. 40 73
Tree Care Industry Association. (2017).American National Standard for Tree Care Operations-Tree,Shrub, and Other Woody Plant Management-Standard Practices(Pruning).
Watson, G. (2014). Best Management Practices—Tree Planting, Second Edition.
International Society of Arboriculture.
Wiseman, P. E., & Raupp, M.J. (2016). Best Management Practices—Integrated Pest Management,Second Edition. International Society of Arboriculture. 41 74
Additional Resources
Audubon Near You: Find your local Audubon Chapter
https://www.audubon.org/about/audubon-near-you
Baby Bird Rescue Guide
http://www.a rl bosto n.o rg/wp-content/uploads/2014/05/2014-A RL-Fo u n d- Ba by-Bi rd-Rescue-G u ide.pd f
Cavity Conservation Initiative
www.cavityconservation.com
Conserving Waterways- Preventing Impacts from Human Activity https://rcrcd.specialdistrict.org/files/5f43d25b4/Conserving- Waterways2018web.pdf
Cornell Lab of Ornithology- Natural history and identification • Birds of the World
https://birdsoftheworld.org
• All About Birds
https://allaboutbirds.org
• Merlin
https://merlin.allaboutbirds.org/
Living with Wild Reptiles and Amphibians
http://www.californiaherps.com/info/livingwithherps.html NestWatch - All About Birdhouses
http://nestwatch.org/learn/all-about-birdhouses/
Tree Care for Birds and Other Wildlife
https://treecareforbirds.com/
U.S. Fish and Wildlife Critical Habitat Online Mapper
https://ecos.fws.gov/ecp/report/table/critical-habitat.html USFWS Wetland Mapper
https://www.fws.gov/wetlands/data/mapper.HTML
Urban Wildlife Group
http://urbanwildlifegroup.org/urban-wildlife-information 42 75
Appendix A - Nest Buffers
Bird Group Typical Breeding Incubation Chicks Buffer LHV' Buffer HHV/S2 Season (Eggs) (Radius in (Radius in feet)
feet)
Waders (eg. herons, January through August 19-29 days 21-81 days 200 200 egrets)
Eagles December through July 35-46 days 10-14 Bald 660 feet Bald 660 feet weeks Golden 1 mile Golden 1 mile
Birds of Prey (e.g. February through 25-42 days 4-12 300 500 rn
hawks,vultures, August weeks
falcons)
Doves and Pigeons (e.g. February through 13-20 days 13-30 days 100 300 mourning doves and November
band-tailed pigeons)
Owls January through July 26-37 days 28-77 days 300 500 Burrowing owls February through June
1 Low Habitat Value area
2 High Habitat Value or Sensitive Habitat area
43 co
C0
CD
N
✓
✓
0 W
CA)
N
Bird Group Typical Breeding Incubation Chicks Buffer LHV1 Buffer HHV/S2 Season (Eggs) (Radius in (Radius in feet) feet)
Hummingbirds December through July 13-18 days 20-28 days 100 300 Woodpeckers March through August 11-16 days —30 days 100 300 Acorn woodpecker3 March through October
Many songbirds(e.g. February through 10-18 days 9-28 days 100 300 finches, kingbirds, August
mockingbirds)
Corvids (e.g. crows, February through 15-25 days 18 days 100 300 ravens,jays) August Jays
35 days
Crows
5-6 weeks
Ravens
Sources:
Birds of North America, Cornell Lab of Ornithology: https://birdsna.org/Species-Account/bna/home Southern California Edison Nesting Bird Management Plans 3 Acorn woodpeckers have a different breeding season than most species in their group. v 44
CO
CD
N
co
O
co
GJ
N
The general nesting seasons described here are conservative and cover the time periods when almost all active nests may be found for a species group in California, Arizona, and Nevada, but seasonal and regional variances do occur.The buffer ranges provided in this table are meant as starting points. State appendices provide more state-specific buffer information when appropriate. Land managers and wildlife agencies may have buffer requirements for work performed on lands they manage.
Refer to Considerations for Work Performed Near Active Nests (page 15) for further guidance on determining the appropriate distance work may be conducted from an active nest. It is important to seek the aid of a Wildlife Biologist when attempting to work near active nests, especially when work may cause the nest to fail. Wildlife Biologists may recommend different buffers based on individual situations,and programmatic approaches may use different sized buffers or a different system for minimizing impacts to wildlife. Regardless of time of year, caution should be used in areas with special status. co
co 45
CD
N
v
co
O
co
co
N
Appendix B - Pre-Work Inspection
Form Guidelines
Pre-work inspection forms are commonplace and recommended within the tree care industry. Adding a wildlife component into these practices is essential to mitigate impacts to wildlife during tree work.
The following inspection criteria can be integrated into existing pre-work inspection protocols, such as pre-work safety inspections,or established as a separate checklist or process. These inspections should be completed during the project preparation phase and are in addition to the desktop review (See Minimizing Impacts to Wildlife section, page 3).
Timing the Inspections
Depending on the breeding season, results of the desktop review, and the duration and complexity of tree work being performed, it may be appropriate to conduct one or more pre-work inspections in the days or weeks prior to the scheduled work. Knowing that there are nesting wildlife in the area prior to the scheduled work can save time and resources by allowing for proper planning to minimize impacts to the wildlife, using methods described in the BMPs.
Note the date,time and duration of each inspection conducted (ex. April 4, 2021, 7:00- 7:25 AM).
Habitat Inspection
The goal of the habitat inspection is to establish the habitat value of the site to aid in determining the BMP category for work,and the required expertise.
Observations from the habitat inspection can be combined with information collected during the desktop review (e.g. known ranges of sensitive species or habitats) to determine habitat value.There are many potential indicators of habitat that are valuable for wildlife. In urbanized settings,these checklists can help determine habitat value:
Low Value High Value
Low plant species diversity High plant species diversity Low plant structural diversity High plant structural diversity High human use and infrastructure Low human use and infrastructure High impervious surfaces Low impervious surfaces
Far from water bodies Close to water bodies
No riparian vegetation Riparian vegetation present Few mature, dead,or dying trees Many mature, dead,or dying trees Few/no wildlife present Abundant wildlife present
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Wildlife Inspection
Spotting wildlife during a pre-work inspection can inform what types of wildlife are using the site and how they are using it. Keep in mind that even if no wildlife are found during a pre-work inspection, they may still be using the site and be impacted by tree work operations.
Where and how to look: It is important to take time to observe not just the trees where work will be performed, but also the base of trees, nearby vegetation, and the surrounding area. Wildlife inspections should be conducted prior to starting work, before any disruptive or noisy activities begin, and before any equipment is turned on.
• Scan the sky,trees,ground, shrubs,and branches
• Check trunk or branch cavities and holes in the ground • Listen for wildlife sounds
• Look for wildlife flying or running away
Signs of nesting wildlife include:
• Nests that are difficult to determine if they are active, such as cavities, high in trees,or pendulous nests
• Wildlife breeding behaviors,such as carrying sticks and other nesting material , carrying food, acting agitated, distress calling(often harsh, repeating calls), dive-bombing crew members
• Concentrations of wildlife droppings
If a nest is found, note the following information to communicate with the crew and other professionals involved in the work,especially wildlife biologists and wildlife rehabilitators.
• Location of nest
• Species
• Nest type
• Buffer distance
• Active nest? (Y/ N)
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Appendix C - Arizona
Arizona is a diverse landscape with a wide variety of flora and fauna. Forests range from riparian gallery forests in the low deserts to sub-alpine and montane forests above 9,000 feet in elevation. Most people in Arizona live and work below 3,000 feet of elevation in a hot, arid climate. Arizona's urban forests are trees and vegetation primarily located on private property, but they also include urban parks,street trees, landscaped boulevards, public gardens,washes and wetlands, greenways,and nature preserves.
Arizona's urban and community forests provide habitat to a broad diversity of wildlife. Although urban species vary in their use of developed areas, many come into contact with humans either in cities or on the wildland urban interface. As many Arizona cities,towns,and communities are realizing the benefits of green infrastructure through open space, afforestation,and natural landscaping, many species of wildlife are finding new habitat within cities.To reduce impacts to wildlife and promote the value of wildlife in our urban and community forests, Arizona arborists will be essential.
Minimizing Impacts to Wildlife
One of the leading causes of tree care-related wildlife emergencies in Arizona is the pruning and trimming of trees during the breeding season. For example, in 2019 a single wildlife rehabilitation facility in Phoenix documented 38 instances where wildlife were treated for injuries sustained during tree care (Personal communication, Laura Hackett, Liberty Wildlife). Additional tree care related wildlife emergencies occur and go unreported.
The Best Management Practices framework Minimizing Impacts to Wildlife (page 3) combined with these details specific to Arizona are designed to decrease the impacts to wildlife in Arizona.
Project Preparation
A desktop review can be done using resources publicly available online such as Arizona's Online Environmental Review Tool ( https://ert.azgfd.gov/) . If the desktop review finds sensitive areas, a Wildlife Biologist should be contacted.
When assessing habitat value in Arizona, there are many types of sensitive habitats that tree care professionals may encounter in their work. Here are some examples:
• Riparian areas: It is common for arborists to encounter riparian areas where they could potentially impact sensitive wildlife. Riparian areas in Arizona can be identified by their distinctive soils and vegetation, particularly willows (Sal ixspp.), mulefat (Baccharis salicifolia), sycamore (Platanus spp.), and cottonwood (Populus spp.). This may include 48 81
concrete channels when the associated riparian vegetation and soils are present.
• Critical habitat: Critical habitat has been designated for several species; for example, the Mexican spotted owl (Strix occidentalis lucida) has critical habitat within Arizona's mixed conifer forests. Vegetation work within a designated critical habitat should involve working with a Wildlife Biologist and the landowner or manager.
The Arizona Game and Fish Department recommends the following breeding seasons dependent on elevation in Table 2.
Table 2. Arizona Breeding Season
Elevation Breeding season
Below 3,000 feet January 15 -June 15
3,000 to 6,000 feet March 15 to July 30
Above 6,000 feet April 15 to August 15
Most tree care operations occur below 3,000 feet in altitude, so most arborists in Arizona can use January 15 to June 15 as the breeding season.
Additional scrutiny during pre-work inspections of palm trees would help minimize impacts to nesting wildlife. Palm trees provide nesting habitat for a wide variety of avian wildlife, especially when the dead fronds that create the skirt are intact. Pre-work inspections can be difficult because of the dense,dead fronds and height of the trees. When working with palm trees with full skirts, pre-work inspections will likely require observing signs of nesting wildlife. Prior to pruning or removing palm trees, consider having a Wildlife Biologist conduct a pre-work inspection,or delaying work until the non-breeding season.
Considerations for Work Performed Near Active Nests
Arizona can be very hot in the summer months. It is worth emphasizing the danger of extreme heat to young nestlings. Adults will often shade nestlings and protect them from the sun before they develop their own thermoregulation.
What might be a minor disturbance during cool times, for example,the parents leaving a nestling for a few minutes because of tree care, could be fatal on a June afternoon in Arizona. Additionally, maintaining sufficient nest cover is particularly important in locations with extreme temperatures. Work performed near active nests should consider site temperatures in determining the best course of action.
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Managing Wildlife Habitat
In desert environments, palms are commonly planted and provide suitable habitat for a wide variety of wildlife. However, many city, town,and homeowner's associations require palm skirts or dead palm fronds to be removed. When safe and appropriate,consider preserving the skirt for wildlife habitat.
Wildlife
People who live and work in Arizona can expect to see many species of wildlife.
Arizona has over 550 species of birds, 107 species of native reptiles, 145 species of mammals,and hundreds of species of plants,fungi,and arthropods. Of these wildlife species, some have special protective listed status under the Endangered Species Act due to population declines and habitat loss. Arizona currently has 72 listed species known to occur in the state (USFWS). Notable listed avian forest species that might be encountered by tree care professionals include the Mexican spotted owl,southwestern willow flycatcher(Empidonax traillii extimus),and yellow-billed cuckoo(Coccyzus americanus).
Examples of common urban wildlife species in Arizona include native species such as coyotes, red-tailed hawks, and mourning doves.
Laws and Agencies
Agencies
The Arizona Game and Fish Department and the Game and Fish Commission are tasked with creating and upholding wildlife laws and regulations in Arizona.
Laws
Arizona Revised Statutes §17-236 Taking birds; possession of raptors. • primary state law protecting birds and their nests
Additional Resources
Arizona Audubon
https://az.audubon.org/
Arizona Community Tree Council
https://www.aztrees.org/
Arizona Department of Forestry and Fire Management
https://dffm.az.gov/
Arizona Game and Fish Department
http://azgfd.com/
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Arizona's Online Environmental Review Tool
https://ert.azgfd.gov/
Urban &Community Forestry Program
https://dffm.az.gov/forestry-comm unity-forestry/urban-comm unity-forestry US Fish and Wildlife Service Arizona Species
https://www.fws.gov/office/arizona-ecological-services/species Wildlife Rehabilitators
https://www.azgfd.com/wildlife/urbanrehab/
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Appendix D - California
Compared to the other states in the Western Chapter region,California has two main features important to tree care for birds and other wildlife: the scale of urban communities and the laws protecting wildlife.
California is the most populous state in the country,with very dense population centers and large expanses of urban and rural populations.The urban forests managed for the benefit of the people are vast and widely used by wildlife.
Because of the wide expanse of wildland urban interface and urban forests,the ability to alter wildlife habitat and impact nesting wildlife is high.
California has its own set of laws that broadly protect wildlife similar to, and sometimes more strictly than, the federal laws. Several California laws protect more species of birds,and in certain cases with higher restrictions,than similar federal laws. For example, inactive (no eggs or chicks) raptor nests are protected in California, but not in other states.
Minimizing Impacts to Wildlife
The Best Management Practices framework in Minimizing Impacts to Wildlife (page 3) combined with the below details specific to California are designed to minimize the chance of injuring wildlife and decrease the impacts to wildlife during tree care overall.
Project preparation
A desktop review can be done using resources publicly available online such as the California Natural Diversity Database (CNDDB)
( https://www.wildlife.ca.gov/Data/CNDDB) . If a desktop review finds sensitive areas, a Wildlife Biologist should be contacted.
Some areas have specific requirements for nest buffers that may be different than those recommended here. For example,the Tahoe Regional Planning Agency provides no activity"Disturbance Zones" for certain bird species for work performed within the area of their authority. Check with your local agencies about regional regulations.
When assessing habitat value in California,there are many types of sensitive habitats that tree care professionals may encounter in their work. Here are some examples:
• Riparian areas: It is common for arborists to encounter riparian areas where they could potentially impact sensitive wildlife. Riparian areas in California can be identified by their distinctive soils and vegetation, particularly willows (Sal ixspp.), mulefat(Baccharis salicifolia), sycamore (Platanus spp.), and cottonwood (Populus spp). This may include 52 85
concrete channels when the associated riparian vegetation and soils are present.
• Critical habitat: Critical habitat has been designated for several species.
For example: California gnatcatcher(Polioptila californica) critical habitat within California is coastal sage-scrub which is often at the wildland urban interface.
CDFW does not define a standard breeding season. However, across the different habitats of California, most wildlife breed between February 1 and August 31.This varies by region and species. For example, the breeding season starts earlier in the desert and later in the mountains,and species such as hummingbirds and eagles can start as early as December,while acorn woodpeckers (Melanerpes formicivorus) can be nesting as late as October. Some municipalities in California have local restrictions on tree care activities during the breeding season.
Additional scrutiny during pre-work inspections of palm trees would help minimize impacts to nesting wildlife. Palm trees provide nesting habitat for a wide variety of wildlife, especially when the dead fronds that create the skirt are intact. Pre-work inspections can be difficult because of the dense, dead fronds and height of the trees. When working with palm trees with full skirts, pre-work inspections will likely require observing signs of nesting wildlife. Prior to pruning or removing palm trees,consider having a Wildlife Biologist conduct a pre-work inspection or delaying work until the non-breeding season. As discussed below, palms are also an important habitat feature for California wildlife.
Because raptor nests have additional protection in California, if a nest is potentially a raptor nest(typically a platform nest or cavity nest), a Wildlife Biologist should make this determination. Raptors may reuse their nests,and they should not be removed without consulting a Wildlife Biologist.
Managing Wildlife Habitat
Arborists in California can take specific actions to preserve wildlife habitat in the course of their work. For example, in desert environments, palms are commonly planted and provide suitable habitat for a wide variety of wildlife. However, many city, town,and homeowner's associations require palm skirts or dead palm fronds to be removed. When safe and appropriate,consider preserving the skirt for wildlife habitat.
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Wildlife
Special Status Wildlife
The California Department of Fish and Wildlife maintains a list of animals of special interest and concern. For more information see the CDFW Special Animals List.
Birds
Hundreds of bird species live in California. One important species to arborists in California is the acorn woodpecker,which creates its nests in cavities of trees and stores acorns in granaries in snags, dead branches,and other wooden structures. To preserve this unique species, it is important to both be conscious of where they live to avoid unnecessary habitat destruction, and to protect dead trees and branches that it could use as future habitat. Heron and egret rookeries are also important to look out for.
Raptors are subject to specific protected status, and generally have nests that are protected by regulation even when inactive.
Mammals
All bats (order Chiroptera) and woodrats(Neotoma spp.) are protected.
Woodrats build large stick nests in tree canopies and at the base of trees.
Several species of woodrats have special status (Wildlife, mammals, Page 30) and have specific protections. Bats are nocturnal mammals that may use trees as temporary,daytime, and/or long-term roosts.They do not construct nests but find shelter in cavities, loose bark,and cracks. Bats are inactive in the day and rarely seen, except at dusk when they emerge from roosts and feed on insects. Many species of bats are in decline.
Many consider some small mammals nuisance species, such as opossums, mice, squirrels,and other rodents. The black rat(Rattus rattus), eastern gray squirrel (Sciurus carolinensis), fox squirrel (Sciurus niger), and Virginia opossum (Didelphis virginianus),which are common in urban areas, are not protected in California. Rats are commonly found nesting in palm trees. Contact your local university's agricultural extension (California Additional Resources, Page 57) for information on the best way to deal with nuisance species in your area.
Reptiles
All native reptiles and amphibians are protected in California. Rattlesnakes (Crotalus sp.) are the only group of venomous snakes native to California and they are frequently encountered. They are rarely found in trees(though occasionally found in tree cavities) but can be found on the ground or at the base of trees and shrubs. In general, they will only strike when provoked.
Arborists should look for snakes when performing pre-work inspections and should not approach them if found.
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Insects
Insects lack broad legal protection in California, but several species of insects have special status and are protected. For instance,the Valley Elderberry longhorn beetle is protected by the Federal Endangered Species Act as a threatened species. The California Department of Pesticide Regulation maintains a database on special status species and sensitivities (California Additional Resources, Page 57).
Laws and Agencies
There are many state laws and regulations about wildlife pertinent to the tree care and landscape industry in California. Of note to California arborists are the California Fish and Game Codes 3503 and 3503.5,which apply to most birds.
Agencies
The lead agency for wildlife issues in California is the California Department of Fish and Wildlife (wildlife.ca.gov/)
Laws
The primary Fish and Game Code (FGC)sections protecting birds as well as other wildlife include:
Sections 2050-2115.5-California Endangered Species Act(CESA) • Protects species listed as threatened or endangered by the California Department of Fish and Wildlife.
Section 3503-All Birds
• Protects all birds and protects nests from needless destruction. • "It is unlawful to take, possess,or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto."
Section 3503.5-Raptors
• Protects birds of prey or raptors, and their eggs and nests. Current taxonomy places these species in three orders rather than the two stated in the Code:Accipitriformes, Falconiformes, and Strigiformes.
These include owls,eagles,falcons, hawks, and vultures. • "It is unlawful to take, possess,or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey)or to take, possess,or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto." Section 3505
• "It is unlawful to take,sell,or purchase any aigrette or egret, osprey, bird of paradise,goura, numidi,or any part of such a bird." 55 88
Section 3511 -Fully Protected Birds
• This section provides a list of bird species protected from take and possession for which there are no permits allowed except for scientific purposes.
Section 3513-References MBTA
• Migratory nongame bird as designated in the MBTA, or any part of such migratory nongame bird,except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the MBTA.
Section 3801 —Exceptions
• House sparrows and European starlings are not protected by section 3503.
Section 86-Definition of Take
• To hunt, pursue, catch, capture,or kill,or attempt to hunt, pursue, catch, capture, or kill.
Environmental Protection
California Environmental Quality Act(CEQA)
• It should be uncommon for routine tree care activities to require going through the CEQA process. However,tree care work that is part of a "project" as defined under CEQA would be required to undergo CEQA review and follow any mitigation measures resulting from the environmental document. In such circumstances,the CEQA
environmental document supersedes the guidance provided here. • "The term project refers to the whole of an action that has the potential,directly or ultimately, to result in a physical change to the environment(CEQA Guidelines Section 15378). This includes all phases of a project that are reasonably foreseeable, and all related projects that are directly linked to the project." (UC CEQA Handbook 2002).
Riparian Habitat
California Fish and Game Code Section 1602
(a) "An entity may not substantially divert or obstruct the natural flow of,or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake,or deposit or dispose of debris,waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river,stream,or lake, unless all of the following occur:..." 56 89
Electric Utility
Public Resource Code, Section 4292:Power Line Hazard Reduction • Poles and towers of electrical transmission or distribution lines in wildland areas must be at least 10 feet clear of any flammable vegetation.
Public Resource Code, Section 4293: Line Clearance Guidelines • Electrical lines in wildland areas must be clear of vegetation at a distance depending on voltage. "Dead trees,old decadent or rotten trees,trees weakened by decay or disease and trees or portions thereof that are leaning toward the line which may contact the line from the side or may fall on the line shall be felled,cut, or trimmed so as to remove such hazard."
General Order 95, Rule 35: Tree Pruning
• "Where overhead conductors traverse trees and vegetation,safety and reliability of service demand that certain vegetation management activities be performed in order to establish necessary and reasonable clearances the minimum clearances set forth in Table 1, Cases 13 and 14, measured between line conductors and vegetation under normal conditions,shall be maintained."
• Summary of Table 1 (above) - For Supply Conductors and Supply Cables (750- 22,500 Volts), the radial clearance of bare line conductors from tree branches or foliage must be 18 inches. The radial clearance of bare line conductors from vegetation in Extreme and Very High Fire Threat Zones in Southern California must be 48 inches.
Additional Resources
California Agricultural Extension Offices
https://ucanr.edu/About/Locations/
California Audubon Chapters
http://ca.audubon.org/about/chapters
California Department of Pesticide Regulation
http://calpip.cdpr.ca.gov/county.cfm
California Endangered Species Act Lists
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals California Forest Practice
http://calfire.ca.gov/resource mgt/resource mgt forestpractice California Fully Protected Species
http://www.dfg.ca.gov/wildlife/nongame/t e spp/fully pro.html 57 90
California Herps
www.californiaherps.com
California Natural Diversity Database (CNDDB)
https://www.wildlife.ca.gov/Data/CNDDB
California Rattlesnakes
https://wildlife.ca.gov/News/snake-rattle-and-roll-rattlesnake-season-is-herel California Special Animals List
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109406 California Wildlife Habitat Relationships
https://www.wildlife.ca.gov/Data/CWHR
California Wildlife Rehabilitators
https://www.wildlife.ca.gov/Conservation/Laboratories/Wildlife- Investigations/Rehab/Facilities
Tahoe Regional Planning Agency Ordinances
https://www.trpa.gov/wp-content/uploads/documents/TRPA-Code-of- Ordinances-2.pdf
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•
Appendix E - Hawaii
Hawaii is a global hotspot for tropical biodiversity and invasive species. Many endemic species have suffered extinction from urbanizing and landscape scale pressures, and there are significant efforts by community and government agencies to reverse this trend. With a few notable exceptions, most native and sensitive species are believed to live and breed primarily on designated conservation lands,and are rarely if ever sighted in urban, residential,or even rural or agricultural areas.
Minimizing Impacts to Wildlife
Since most native wildlife species appear to live and breed outside of the urban forest,arborists should focus on minimizing impacts to two special status species: the threatened white tern (Gygis alba) and the endangered Hawaiian hoary bat. The white tern (Manu-o-Ku) has been well studied,and the Tree Care Guidelines and Best Practices of Manu-o-Ku Breeding Sites was published in 2019 by the Aloha Arborist Association. It is recommended that everyone working in the Honolulu area read and follow these guidelines. However, at the time of this writing, little is known about roosting behavior of the Hawaiian hoary bat in the urban forest, and population sizes are relatively unknown.
Hawaiian hoary bats occur on all of the main Hawaiian Islands. These bats feed nocturnally and roost in woody vegetation over 15 feet in height during the day.
Tree care industry professionals should adhere to the guidelines provided by the Department of Land and Natural Resources in the most recent Hawaiian Hoary Bat Guidelines white-paper document.
The Best Management Practices framework in Minimizing Impacts to Wildlife (page 3), combined with these details specific to Hawaii, are designed to decrease the impacts to wildlife in Hawaii.
Project preparation
A desktop review can help to determine the Category of work to be performed.
Assessing Categories in Hawai'i using breeding season can be difficult,as breeding seasons for different species vary widely. Habitat value and the potential presence of sensitive species in the area should determine the Category of work in these cases.
When assessing habitat value in Hawaii,there are several types of sensitive habitats that tree care professionals may encounter in their work. Native forest, State of Hawai'i Department of Forestry and Wildlife (DOFAW) managed lands, and Natural Area Reserves are likely to have nesting native and special status species that could be sensitive to tree work.
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Table 3. Hawaii!'Categories
Outside Tern Inside Tern Native Forest
Breeding Breeding Range
Range
Bat Pupping Category 3 Category 3 Category 3
June 1 to Sept 15
Bat Non-Pupping Category 1 Category 2 Category 3 Season
Sept 16 to May 31
The white tern currently only breeds in dense urban areas of Honolulu, Oahu, often in trees along busy streets and in highly-managed landscapes. Despite the low habitat value of the areas they breed in, because of their endangered status and their year round breeding season,any tree care planned within that range is Category 2 and should include a pre-work inspection by a Wildlife Trained Arborist. In Hawaii,a Wildlife Trained Arborist is someone who has completed the training created by the Aloha Arborist Association.
To protect the Hawaiian hoary bat,the U.S. Fish and Wildlife Service recommends not removing or pruning woody vegetation greater than 15 feet tall during the pupping season, from June 1 through September 15.This bat's range is not very well understood, and so this recommendation is intended for all vegetation on all Hawaiian Islands, including highly urban areas. Currently, there are no methods to determine whether bats are using the tree. It is likely that a Wildlife Biologist will recommend delaying the work, but nonetheless it is recommended to contact a Wildlife Biologist from the State of Hawaii Department of Land and Natural Resources.
Managing Wildlife Habitat
Tree care professionals can support wildlife through their work in many ways, such as preventing the spread of invasive species and diseases, like Rapid `Ohi`a Death, that destroy Hawaiian ecosystems. Tree care professionals can also plant and care for native Hawaiian plants and ecosystems through their work managing human-dominated landscapes. See the resources at the end of the section for planning,designing, and caring for native landscapes. 60 93
Wildlife
Special Status Wildlife
The Division of Forestry and Wildlife (DOFAW) maintains several lists of animals of special status.
• Species of Greatest Conservation Need:
https://dlnr.hawaii.gov/wildlife/hswap/
• Injurious Wildlife: https://dlnr.Hawai'i.gov/wildlife/invasives/iniurious- wildlife/
• List of Species of Indigenous Wildlife in Hawai'i
o EXHIBIT 1- Ch. 13-124
https://dlnr.Hawai'i.gov/dofaw/files/2013/09/Chap124a-Ex.pdf o EXHIBIT 3- Amendment-Ch. 13-124
https://dlnr.Hawai'i.gov/dofaw/files/2013/09/HAR-13-124- Draft.pdf
Birds
Tree care professionals are most likely to encounter non-native bird species, like starlings and cardinals,throughout their work.The manu-o-ku,or white tern, is the native bird most likely to be encountered (see above). Native forest birds are almost never sighted in the urban landscape, but some can be present in wildland urban interface areas. The Hawaiian hawk, the 'io, currently only found on Hawai'i Island, is the only native hawk in Hawai'i and is listed as endangered at the state level.
Mammals
The only endemic terrestrial mammal in Hawai'i is the Hawaiian hoary bat.
Young Hawaiian hoary bats are called "pups." Bats are vulnerable to tree trimming during pupping season,as pups are unable to fly away. It is illegal to harm these bats. All other common mammals in Hawai'i have been introduced and are injurious to native Hawaiian ecosystems, such as rats,wild boar, and cats.
Reptiles
There are no terrestrial reptiles endemic to Hawaii.
Insects
There is a high diversity of insects endemic to Hawaii.The Blackburn's sphinx moth (Manduca b/ackburni) is listed as federally endangered and is thought to be threatened by roadway development.
Mollusks
Over 250 species of endemic tree snails are found throughout the forests of the Hawaiian Islands, many of which are endangered.
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Protected Wildlife Not Native to Hawai'i
The Migratory Bird Treaty Act protects birds that are native to any part of the United States throughout the entire United States. Urban areas in Hawaii often have bird species that are native to the United States but non-native to Hawaii, such as the northern mockingbird, northern cardinal, and house finch.These birds are legally protected in Hawaii.
Laws and Agencies
Agencies
State of Hawai'i, Department of Land and Natural Resources(DLNR), Division of Forestry and Wildlife (DOFAW, dlnr.Hawai'i.gov/dofaw/)
Laws
Section 195D-4- Endangered species and threatened species Section 183D-62-Taking, injuring, or destroying wild birds prohibited. • Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill,or destroy,or attempt to take, catch, injure, kill,or destroy,any wild bird, or to keep or have possession of any wild bird,dead or alive,or to damage or destroy a nest of any wild bird.
Additional Resources
DOFAW Hawaiian Hoary Bat guidelines
https://dlnr.Hawai'i.gov/wildlife/files/2018/07/Bat-White-Paper- Guidance 2015-FINAL.pdf
DOFAW Natural Areas Reserve System
https://dInr.Hawari.gov/ecosystems/
Hawaiian Hoary Bat Fact Sheet, DOFAW
https://dlnr.hawaii.gov/wildlife/files/2019/03/SWAP-2015-Hawa iia n-hoary-bat- Final.pdf
Hawaiian Hoary Bat, USFWS
https://ecos.fws.gov/ecp/species/770
Hui Manu-o-Ku (information and breeding site map)
https://www.whiteterns.org/
Injurious Wildlife, DOFAW
https://dlnr.Hawai'i.gov/wildlife/invasives/in lurious-wildlife/ Oahu Urban Garden Center
https://cms.ctahr.Hawai'i.edu/ougc
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Plant Pono- Hawai'i Pacific Weed Risk Assessment
https://plantpono.org/
Rapid `Ohi'a Death
http://www.rapidohiadeath.org
Tree Care Guidelines and Best Practices for Manu-o-Ku Breeding Sites https://alohaarborist.com/tree-care-near-manu-o-ku/
Wildlife Programs, DOFAW
https://dlnr.Hawai'i.gov/wildlife/
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Appendix F - Nevada
Nevada is the most arid and mountainous state in the nation. At the same time, Nevada is a state of contrast and beauty with a wide variety of habitats and exceptional biodiversity. Given the aridity of the state, Nevada has contrasting areas of high biodiversity often associated with mountains and the increased precipitation they generate. Riparian areas can also generate high levels of biodiversity. Large riparian areas are critically important to migratory birds for both nesting and foraging,and for structure to rest in during migration.
In Nevada,the urban environment can also provide surprisingly diverse habitats for wildlife,and being in an urban environment does not exclude the possibility of rich nesting habitat. Urban areas often have resources not present in the surrounding environment, like fruit trees or large shade trees. Many areas in Nevada do not naturally support tree cover, and in many cases climate adapted, non-invasive, introduced tree species can perform well in the urban landscape.
Minimizing Impacts to Wildlife
The Best Management Practices framework in Minimizing Impacts to Wildlife (page 3) combined with these details specific to Nevada are designed to decrease the impacts to wildlife in Nevada.
Project Preparation
The desktop review can be done using resources publicly available online such as the Western Association of Fish &Wildlife Agencies- Crucial Habitat Assessment Tool. If the desktop review finds sensitive areas, a Wildlife Biologist should be contacted.
Some areas have specific requirements for nest buffers that may be different than those recommended here. For example,the Tahoe Regional Planning Agency provides no activity"Disturbance Zones" for certain bird species for work performed within the area of their authority. Check with your local agencies about regional regulations.
While it is recommended to have the contact information of a wildlife rehabilitator on hand while performing tree work in case of an emergency, there may not be wildlife rehabilitators in all urban areas of Nevada. NDOW and Red Rock Audubon both maintain lists on their websites.
When assessing habitat value in Nevada, there are many types of sensitive habitats that tree care professionals may encounter in their work. An important example is riparian habitat:
• Riparian areas: It is common for arborists to encounter riparian areas where they could potentially impact sensitive wildlife. Riparian areas can be identified by their distinctive soils and vegetation, particularly 64 97
willows (Salixspp.), seep willow (Baccharis spp.),cattails (Typha spp.), and cottonwood (Populus spp).This may include concrete channels when the associated riparian vegetation and soils are present. • Critical habitat: Critical habitat has been designated for several species; for example, the southwestern willow flycatcher(Empidonax traillii extimus) has designated critical habitat within Nevada's riparian areas.
Vegetation work within critical habitat should involve working with a Wildlife Biologist and the landowner or manager.
In southern Nevada, most wildlife breed between March 1 and August 31,while in northern Nevada, most wildlife breed between April 1 and August 31.
However, this varies by region and species. Some municipalities in Nevada have local restrictions on tree care activities during the breeding season.
Additional scrutiny during pre-work inspections of palm trees can help minimize impacts to nesting wildlife. Palm trees provide nesting habitat for a wide variety of avian wildlife, especially when the dead fronds that create the skirt are intact, but pre-work inspections can be difficult because of the dense, dead fronds and height of the trees. When working with palm trees with full skirts, pre-work inspections will likely require observing signs of nesting wildlife. Prior to pruning or removing palm trees,consider having a Wildlife Biologist conduct a pre-work inspection,or delaying work until the non-breeding season.
Considerations for Work Performed Near Active Nests
Nevada reaches extreme temperatures in the summer months. It is worth emphasizing the dangers of extreme heat to young nestlings. Adults will often shade nestlings and protect them from the sun before they develop their own thermoregulation. So, what might be a minor disturbance during cool times- for example, the parents leaving a nestling for a few minutes because of tree care - could be fatal on a June afternoon in Nevada. Additionally, maintaining sufficient nest cover is particularly important in locations with extreme temperatures. Work performed near active nests should consider site temperatures in determining the best course of action.
Managing Wildlife Habitat
In desert environments, palms are commonly planted and provide suitable habitat for a wide variety of wildlife. However, many city, town, and homeowner's associations in Nevada require palm skirts or dead palm fronds to be removed. When safe and appropriate,consider preserving the skirt for wildlife habitat.
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Wildlife
Wildlife are often encountered in an urban setting. The specific wildlife and types of challenges they present will vary by region and activity. • The Nevada Department of Wildlife maintains lists of protected, threatened,and sensitive animals in Chapter 503 of the Nevada Administrative Code: https://www.leg.state.nv.us/NAC/NAC-503.html • A total of more than 480 species of birds have been recorded in Nevada, and of these, 300 species have either nested or are estimated to occur with regularity in the state.
• Raptors have special status under Federal and Nevada state law,and their nests warrant a different level of protection.
• Some species of squirrels that use trees for breeding,foraging,and resting are protected under Nevada law.
• Of the 23 species of bats in Nevada,four of these species have state "protected"status,four species have an elevated "sensitive" status and one species (spotted bat Euderma maculatum) has "threatened" status. • Nevada has 52 species of reptile known to inhabit the state. Reptiles can use trees for a variety of reasons but are unlikely to lay eggs in trees.
Although encounters in urban areas are rare, riparian areas can increase the likelihood of encountering reptiles.
Laws and Agencies
Agencies
• Nevada Department of Wildlife (NDOW) (ndow.org) -state agency that oversees wildlife and wildlife laws within the state.
• Nevada Division of Forestry (forestry.nv.gov) -state agency that provides natural resource services and wildfire management. • Nevada Heritage Program (heritage.nv.gov) - non-regulatory state agency that provides information on Nevada's rare and endemic species.
Wildlife Laws
• NRS 501: Definitions of wildlife categories in Nevada https://www.leg.state.nv.us/NRS/NRS-501.html#NRS501Sec088 o NRS 501.055 As used in this Title, "migratory game birds" means and includes the band-tailed pigeon,the mourning dove, the white-winged dove, the Anatidae or waterfowl,commonly known as geese, brant,swans, river and diving ducks,the snipe, the rails and the coots.
o NRS 501.088 `Took," "taken," "taking" and "to take"defined.
The words "to take" and their derivatives, "took," "taken"and 66 99
"taking," when used in reference to wildlife, mean to kill, capture, shoot, trap, catch, wound, possess,collect,seine, snare or net, and every attempt to do so.
o NRS 501.095 As used in this Title, "upland game birds" means and includes the sagehen and sagecock [,] and all other grouse, wild turkey, [pheasant,] all pheasants, bobwhite quail, mountain quail,valley quail, Gambel's quail [,] and all other quail, and Hungarian,chukar and all other partridge.
o NRS 501.097 "Wildlife" defined. "Wildlife" means any wild mammal,wild bird, fish, reptile,amphibian, mollusk,or
crustacean found naturally in a wild state,whether indigenous to Nevada or not and whether raised in captivity or not. • NRS 503 Current list of: protected, game, and pest species. Regulatory actions surrounding wildlife. https://www.leg.state.nv.us/NAC/NAC- 503.html
o NRS 503.595 Prevention or alleviation of damage caused by wildlife. After the owner or tenant of any land or property has made a report to the Department indicating that such land or property is being damaged or destroyed,or is in danger of being damaged or destroyed,by promulgate,cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.
o NRS 503.610 Protection of bald eagle and golden eagle. Except as otherwise provided in subsection 2, it is unlawful for any person, firm, company,corporation or association to kill, destroy, wound,trap, injure, possess dead or alive, or in any other manner to catch or capture,or to pursue with such intent the birds known as the bald eagle and the golden eagle, or to take, injure, possess or destroy the nests or eggs of such birds.
The Department may issue permits to take bald eagles or golden eagles whenever it determines that they have become seriously injurious to wildlife or agricultural or other interests in any particular area of the State and the injury complained of is substantial and can only be abated by taking some or all of the offending birds. The issuance of such permits must be
consistent with federal law.
o NRS 503.620 Protection of birds included in Migratory Bird Treaty Act. Except as otherwise provided by this title or a regulation adopted pursuant thereto, it is unlawful for any person to hunt or take any dead or alive birds, nests of birds or eggs of birds protected by that certain Act of Congress 67 100
commonly known and referred to as the Migratory Bird Treaty Act of July 3, 1918,as amended, 16 U.S.C. §§ 703 et seq., or protected by a regulation of the Commission.
Additional Nevada Resources
Birdwatching in Nevada
https://www.audubon.org/news/birding-nevada
Federal Endangered Species Known to Exist in Nevada
https://www.fws.gov/office/southern-nevada-fish-and-wildlife/species Great Basin Bird Observatory Breeding Bird Atlas
https://www.gbbo.org/breeding-bird-atlas
Lake Tahoe Wildlife Care
https://Itwc.org/
NDOW-Commonly Asked Questions
https://www.ndow.org/libra rv/#
NDOW Wildlife Rehabilitator List
https://www.ndow.org/wp-content/uploads/2022/03/2022-2023- Rehabilitators.pdf
Nevada's Bird Checklist
https://www.gbbo.org/nevada-state-checklist
Nevada Bird Conservation Plan
https://www.gbbo.org/bird-conservation-plan
Nevada Division of Forestry
http://forestry.nv.gov/
Nevada Division of Natural Heritage
https://heritage.nv.gov/
Nevada At-Risk Species
https://heritage.nv.gov/documents/ndnh-current-tracking-list Nevada Watch Species
https://heritage.nv.gov/documents/ndnh-current-watch-list Red Rock Audubon Wildlife Rehabilitator List
https://www.redrockaudubon.com/contact.html
Southern Nevada Water Authority Guide for Choosing Plants https://www.snwa.com/assets/pdf/water-smart-plant-list.pdf Tahoe Regional Planning Agency Ordinances
https://www.trpa.gov/wp-content/uploads/documents/TRPA-Code-of- Ordinances-2.pdf
68 101
University of Nevada Native Trees for Home Landscaping
https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.558.95&rep=repl& type=pdf
Western Association of Fish &Wildlife Agencies, Crucial Habitat Assessment Tool
https://wafwa.org/initiatives/chat/
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About the Authors
Corey Bassett is a PhD Student at the University of British Columbia where she researches urban forest management and ecosystem services. She has been a member of the Tree Care for Birds and other Wildlife program of the Western Chapter since 2017 and co-authored the Tree Care for Birds and other Wildlife:
Best Management Practices in California. Her recent relevant professional experiences are in arboricultural consulting, implementing community forestry programs, and municipal tree care. Corey is an ISA Certified Arborist and holds the ISA Tree Risk Assessment Qualification. She received a Master's in Environmental Studies and B.A. in Earth Science, both from the University of Pennsylvania.
Kara Donohue is the Avian Program Manager for Southern California Edison.
Kara has been an ornithologist for nearly 20 years. She has been a member of Tree Care for Birds and Other Wildlife since it was founded in 2015,and co- authored the Tree Care for Birds and Other Wildlife: Best Management Practices in California. Kara is also a past chair of the Avian Power Line Interactions Committee, a collaborative group made up of electric utilities partnering with wildlife resource and land management agencies and environmental NGOs. Kara received a BS in Anthropology-Zoology from the University of Michigan and a MS in Raptor Biology from Boise State University.
Ryan Gilpin is the principal consultant for Nidus Consulting, LLC. Ryan has been a consulting arborist for 10 years. He has been on the steering committee for Tree Care for Birds and other wildlife since it was founded in 2015 and co-authored the Tree Care for Birds and Other Wildlife:Best Management Practices in California. Ryan regularly presents, teaches workshops and leads walks about trees, birds,and the relationship between the two. He is an ISA Certified Arborist, Registered Consulting Arborist,and holds the ISA Tree Risk Assessment Qualification. Ryan received a BS in Environmental Biology and Management from UC Davis, MS in International Nature Conservation from Georg-August- Universitat,and master birder certificate from the California Academy of Sciences.
70 103
hli) 1 -! N CHp?FR
b
TREE CARE FOR BIRDS INTERNATIONAL SOCIETY
AND OTHERWILOLIFE OF ARBORICULTURE
(866)785-8960
www.treecareforbirds.com www.wcisa.net
[email protected] [email protected]
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Appendix B.Integrated Pest Management Plan Flowchart
IPM FLOWCHART
Client Arborist
Identify Plant Plant and site
Health Concern assessment
Client CJojectives
Review Targeted or
Develop Manage-nen
Not Strategies(based on Preventative
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appropriate
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105
Appendix C.ISA Tree Planting Cue Card
Tree Planting Cue Card Staking:Staking holds trees erect and allows the root ball to anchor,Secure the trunk at the point where the tree stands Selecting quality trees:Planting quality straight.A second stake tied directly to the trunk made of trees begins by choosing vigorous, bamboo may be required to straighten the upper trunk. structurally sound trees from the nursery.
Strong trees have straight roots,a thick Mulching;A layer of trunk with taper,and a good branch organic mulch,such as leaf structure appropriate for the species(Fig. litter,shredded bark,or . 1).The root collar(the uppermost roots) wood chips,helps protect should be in the top 2 inches of the root ball. tree roots from �` temperature extremes and '` �:
Digging the hole:A Firm,flat-bottomed conserves soil moisture. '� /// hole will prevent trees from sinking.Dig Mulch also helps prevent the hole only deep enough to position the grass from competing with root collar even with the landscape soil the tree for water and nutrients,The mulched area makes it surface(Fig.2). Use a rototiller or shovel easier to operate mowers and weed eaters without hitting the to loosen soil in an area three times the trunk and compacting soil.Apply mulch to a depth of 3 to 4 inches(slightly thinner on top of the root ball).
size of the root ball.This loose soil Figure 1.Quality promotes rapid root growth and quick tree ready for establishment. planting. Irrigating:Consistent irrigation is critical for establishment.
1.Apply about 3 gallons irrigation per inch of trunk diameter to the root ball 2 or 3 times a week for the first growing season.
2.increase volume and decrease frequency as the tree becomes ,,:`s;_„_ , . �a established.
. i•4:^k:.t •
t� ,: 3-. �.. a a ai 3.Weekly irrigation the second year and bimonthly irrigation '- t„ n ;! /,j / the third year should be sufficient for establishment. '"/ " �` ! rf�! 4.Once established irrigation requirements depend on species, ta;, ., e �I I
%/ ,////�/ -/// climate and soil conditions. // 'l/, /// 5.Irrigation devices should be regularly checked for breaks and Figure 2.Loosening soil in a large area around the root ball leaks' allows for rapid root growth and quick establishment.
Pruning:Training young trees promotes structurally sound Installing the tree: A growth and overall tree health.Cut back or remove codominant Remove soil and roots B stems(stems that compete with the central leader)to from the top of the root r� § encourage growth in the central leader(below). ball to expose the root
collar;cut away any roots
that grow over the collar d•_,. Before Pruning After Pruning (Fig.3).Also cut an
roots that circle or mat
along the sides and Figure 3.Remove soil and roots bottom of the root ball growing over the root collar(A)and (Fig.4).The root collar place collar level with soil surface should be even with (B),
the landscape soil after
planting(see Fig. A
3).Backfill with soil
removed from the hole.
Minimize air pockets by --
packing gently and '
applying water.Build a Copyright @ 2010 Edward F.Gilman and Brian Kempf www.urhantrpe org berm 4 inches tail around B
J the rootbail to help
force water through the Figure 4.Cut roots at(A)to forms RE e • F' root ball, Enlarge the new roots that grow away from the _ + 0000
berm as the tree trunk.Do not cut roots at(B),since Urban Tree !. '"T'." °«"" ""ru1V ar mo.c...cuo establishes. the root defects will regrow.
106
Appendix D.Urban Wood Sustainability Species List
Botanical name Common Name Type Height Spread Growth Rate Water Use Acacia melanoxylon Black Acacia Evergreen 40-50 20-30 Fast Moderate Alnus cordata Italian Alder Deciduous 40-50 25-30 Fast Moderate Calocedrus Incense Cedar Evergreen 50-70 15-20 Slow Moderate decurrens
Casuarina River she-oak Evergreen 60-70 30-40 Moderate Moderate equisetifolia
Ceratonia siliqua Carob tree Evergreen 30-40 30-40 Moderate Moderate Cupressus arizonica Arizona cypress Evergreen 30-40 15-20 Slow Low Dalbergia sissoo Indian Rosewood Deciduous 45-60 30-40 Moderate Moderate Eucalyptus River red gum Evergreen 45-150 45-105 Fast Moderate camaldulensis
Eucalyptus Red ironbark Evergreen 30-90 30-60 Fast Moderate sideroxylon
Fraxinus uhdei
'Majestic Beauty' Majestic Beauty' ash Deciduous 70-80 50-60 Fast Moderate Gleditsia triacanthos Thornless honey
var. locust Deciduous 50-60 30-40 Fast Moderate inermis
Grevillea robusta Silk oak Evergreen 50-65 25-40 Fast Moderate Hespero
cyparis Monterey cypress Evergreen 45-60 45-50 Fast Moderate macroca
rpa
Juglans nigra Black walnut Deciduous 90-100 60-70 Moderate Moderate Morus alba 'Fruitless' Fruitless mulberry Deciduous 20-30 30-45 Fast Moderate Pinus torreyana Torrey pine Evergreen 40-50 30-40 Fast Moderate Populus
fremontii Western cottonwood Deciduous 40-80 30-50 Fast Moderate 'Nevada'
Prunus caroliniana Prunus caroliniana Evergreen 20-30 15-25 Fast Moderate 107
Appendix E.Historical District Tree Species Total
District Species(Common Name) Quantity I District Species(Common Name) Quantity CIVIC CEN FER EAST DIS ERIC I BRAZILIAN PEPPER 1 EUCLID DISTRICT AFGHAN PINE I CALIFORNIA FAN PALM - AMERICAN SWEE!GUM S.
CALIFORNIA PEPPER ARIZONA ASH 11
CAMPHOR TREE - Al LAS CEDAR 4
CHINESE ELM AUSTRALIAN TREE FERN E
ITALIAN CYPRESS I BLUE GUM I
JACARANDA - I NUIILE INEE I POMEGRANATE - I CAJEPUT IR(E 3 RED FLOWERING GUM - CALIFORNIA FAN PALM 3E SOUTHERN MAGNOLIA I CALIFORNIA PEPPER 9UE SUGAR MAPLE I CAMPHOR IREE J.E.
WEEPING WILLOW CANARY ISLAND UAI t PALM 14)
Total Trees 3. CANARY ISLAND PINE I-
CIIRUSIRANSPURIAIIUNUISIRICI AFRICAN SUMAC I CAROB 3 ALEPPO PINE CAROLINA LAUREL CHERRY 2
AMERICAN SWEE I GUM CARRU I WOOL) 3US
ARRONA ASH I CEDAR BLUE AI LAS 3
AUSTRALIAN WILLOW CHINESE ELM E
BOTTLE TREE CHINESE FLAME!NEE 1
CALIFORNIA FAN PALM- CHINESE FRINGE TREE 1
CAMPHOR TREE 2 CHINESE PISIACHE 3
CANARY ISLAND DAlE PALM CHINESE SWEETGUM I
CARROTWOOD I CITRUS E
CHINESE FLAME I HEE COAST LIVE OAK 4
CHINESE FRINGE TREE I CRAPE MYRTLE 3Z CHINESE HACKBERRY DEODAR CEDAR 1E
CHINESE PISIACHE • EASTERNT2EDBUD I
CI I BUS I EDIBLE LOQUAT 2
WAS!LIVE UAK 1 EVERGREEN PEAR 3
CRAPE MYRTLE 2: FIREWHEEL TREE 2
DATE PALM GUADALUPE PALM 4
DEAD TREE- I HOLLY OAK I
JACARANDA HONEY LOCUST _ E
LEMON I INCENSE CEDAR _ 1
LONDON-PLANE I JACARANDA 4
MAIDENHAIRTREE • JAPANESE MAPLE GREEN
MEXICAN FAN PALM 1: LEMON I
OLIVE LEMON BC)!I LEBRUSH I
ORANGE LEMON-SCEN I ED GUM
SHAMEL ASH I LEYLAND CYPRESS IS
WA I ER GUM LONDON PLANE 7
XYLOSMA MAIDENHAIR IREE L-
Total Trees 15. MEXICAN FAN PALM 1E
OLD TOWN DISC RICE AFRICAN SUMAC 3• MOCK ORANGE AMERICAN SWEE I GUM MOUES I O ASH 12
CAMPHORTREE I OLEANDER I
CRAPE MYRI LE I OLIVE 2
HONEY LOCUST 3' PEACH 1
JACARANDA 3 PURPLE ORCHID TREE 1
MEXICAN FAN PALM I PURPLE-LEAF PLUM 2
Total Trees 111 QUEENSLAND PI I1OSPORUM 3 PLEASAN I VIEW DISC RICT AMERICAN SWEE I GUM 1 RAYWOOD ASH I ARIZONA ASH 1. RIVER SHE-OAK I
ARIZONA CYPRESS SHAMEL ASH
A I LAS CEDAR I SILK UAK 111E
AUS I RALIAN WILLOW I SILK-FLOSS I BEE 2 BLACK WALNU I I SOU I HENN LIVE UAK t
BOX ELDER I SOU I HERN MAGNOLIA I
BRAZILIAN PEPPER IULIP IREE 1.
BRISBANE BOX WA ER GUM 2
CALIFORNIA FAN PALM I WHITE MULBERRY I
CAMPHOR IREE 12 WHI I SPRUCE 1
CANARY ISLAND DATE PALM W ICHI IA BLUE JUNIPER
CAROB WINDMILL PALM 3
CAROLINA LAUREL CHERRY Total Trees 235E
CARROI WC/LID OLD MAGNOLIA UISI MCI AMERICAN SWEE!GUM I CHINABERRY BUI ILE INEE 3
CHINESE ELM BRAZILIAN PEPPER 2
CHINESE FLAME TREE I CALIFORNIA FAN PALM 13 CHINESE FRINGE WEE CALIFORNIA PEPPER t
CHINESE PISTACHE 3: CAMPHOR TREE 112
COAST LIVE OAK CANARY ISLAND DATE PALM f
CRAPE MYRI LE 1. CAROB 41
DEODAR CEDAR CHINABERRY 4
DESERT WILLOW • CHINESE ELM
EUCALYPTUS I CHINESE PISIACHE IS
FLAXLEAF PAPERBARK 3' CORK OAK 3
GOLDENRAIN TREE 1' CRABAPPLE I
HOLLY OAK CRAPE MYRTLE 1C
HONEY LOCUST FIG 3
INCENSE CEDAR GUADALUPE PALM 1
JACARANDA ITALIAN CYPRESS 1
LEMON I JACARANDA I
LONDON PLANE MAIDENHAIR TREE I
MEXICAN FAN PALM MEXICAN FAN PALM 2
MOCK ORANGE I MULBERRY I
MODESTO ASH MYOPORUM I
MYOPORUM PEACH 2
OLIVE RUSTY LEAF FIG FLORIDA 1
ORIENTAL ARBORVITAE SHAMEL ASH I
PECAN SILK TREE 2
PINUU PALM SILVER MAPLE 3
QUEEN PALM SPANISH DAGGER 1
QUEENSLAND PILIOSPORUM WEEPING FIG 1
RAYWOOD ASH WES I ERN HACKBERRY 2
SHAMEL ASH Total Trees 24S
SILK OAK District Species(Common Name) Quantity SILVER DOLLAR GUM ARROW/LAUREL OIS IRIC I AUS IRALIAN WILLOW 3 WHI I E MULBERRY BOTLLE TREE 4
XYLOSMA CALIFORNIA PEPPER E
I otal I rees SL CAMPHOR TREE 2
CANARY ISLAND DATE PALM 1
CAROB I
CHINESE ELM 1E
CHINESE PISIACHE 3Z
CRAPE MYRTLE I
DEODAR CEDAR 2
JAPANESE BLACK PINE I
LONDON PLANE 32
WHI I E ALDER 1
WHITE MULBERRY 2
iota!I rees 111_
108
Appendix F.Historical District, Euclid Avenue Photos
1 i,; ;: L` ter! R:.. '-.
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.illi • , /...,;(0...7,14.r" .¢:i ,li , '� 5f J *� r
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109
Appendix G.City of Upland Tree Care Ordinance No. 1913
ORDINANCE NO. 1913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, ADDING CHAPTER 12.26 OF TITLE 12
OF THE UPLAND MUNICIPAL CODE ADDING A TREE CARE
ORDINANCE.
THE CITY COUNCIL OF THE CITY OF UPLAND DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
A. The City Council desires to establish policy to safeguard the City's urban forest and the heritage trees within the City's right of way; and B. The Street Tree Advisory Committee has developed the herein ordinance for City Council consideration; and
C. The ordinance includes guidelines for tree care maintenance, removals, replacements, and liability assessment that will assist in safeguarding the urban forest; and D. The ordinance also establishes the scope of duties of the street tree advisory committee, citizen appeals, and other items in compliance with Tree City USA standards.
Section 2. The City Council finds that above Findings are true and correct.
Section 3. Chapter 12.26 of Title 12 of the Upland Municipal Code is hereby added as follows:
12.26 Tree Care Ordinance
12.26.010 - Purpose and Intent
The purpose and intent of this Ordinance is to safeguard the City's urban forest by providing performance standards and regulations for the operations, planting, proper maintenance, removals, preservation, and protection of heritage trees in the City's right of way. The collection of those trees are referred to as the City's Urban Forest.
12.26.020 - Definitions
A. "ANSI"means American National Standards Institute.
B. "City manager" means the city manager and such representative as he or she may designate in writing.
C. "Hazard" or "hazardous" means a tree, or part of a tree, that has a high potential for failure and falling on a nearby object because of dead or dying branches, roots or trunk.
For the purpose of this chapter, a hazard may also refer to an impairment to mobility or access of a public sidewalk or path.
D. "Heritage Tree"means a tree of historical significance or located in a historic district. A heritage tree is typically a large, individual tree with unique value, such as age, rarity, and size, as well as aesthetic, botanical, ecological, and historical value.
E. "ISA"means International Society of Arboriculture.
F. "Maintain" or "maintenance" means pruning, trimming, spraying, fertilizing, watering, treating for disease or injury or any other similar act which promotes growth, health, beauty and life of trees.
G. "Parkway" means an area adjacent to the edge of the roadway.
H. "Property owner" means the person listed as the owner in fee simple of a lot or parcel with the office of San Bernardino County recorder or lawfully exercising the power of the property owner with respect to said lot or parcel.
110
Ordinance No. 1913
I. "Pruning" means the removal of dead, dying, diseased, live interfering, and weak branches according to the most recent standards of the International Society of Arboriculture.
3. "Public tree" means a tree located in a place or area within the public right of way or under control of the city including but without limitation streets, parkways, open space, parkland and including city owned property under the operational control of another entity by virtue of a lease, license, operating or other agreement.
K. "Public Works Director" shall mean the staff person responsible for public infrastructure planning, maintenance, and operations.
L. "Street" means any public right of way regardless of whether it is described as a street, avenue, road, boulevard, drive, lane, court, place, alley, or by any other such designation.
M. "Street tree" means any public tree whose trunk is located primarily within the public right of way or on property under control of the city by easement, license, fee title or other permissive grant of use.
N. "Street Tree Advisory Committee" means the committee of residents who advise city council on issues related to street tree care.
O. "Tree" means a woody plant that has a single main trunk with clear apical dominance (i.e., one primary stem is significantly larger than the secondary stem/s).
P. "Urban Forest" means a collection of public trees planted in public rights of way that is the responsibility of the City to maintain.
12.26.030: Street Tree Advisory Committee; Terms of Office The Street Tree Advisory Committee serves as a link to the citizens of Upland and to the Upland City Council, advising the City Council on policy decisions relating to street and parkway tree care, maintenance, necessary improvements, areas for urban forest renewal and for the overall protection of the City's trees. The committee shall enhance appreciation of trees and encourage citizen participation in preserving the City's urban forest.
Appointment to the committee and term of office shall be set by resolution of the City Council.
12.26.035 Urban Forest Management Plan
The Street Tree Advisory Committee shall review the Urban Forest Management Plan and recommend updates to the document to reflect current industry best management practices approximately every five years. Revisions to the plan shall be adopted by resolution of the City Council. The Plan shall provide for a sustained forest canopy through properly phased tree plantings and removals. It shall include the specifications for tree care, the latest species list of desirable and undesirable tree species, ANSI planting and spacing requirements, and current ISA proper pruning practices.
12.26.040 Landmark and Heritage Trees
The City is committed to promoting the health, safety and welfare of present and future residents of the City by providing for the identification and preservation of landmark and historical trees existing within the City. Heritage and landmark trees are trees which by the nature of their physical, social or environmental significance or contribution to the identity of neighborhoods, merit community recognition and protection. Identification of these trees shall further be defined as having a species rarity, an association with historical events or persons, a scenic enhancement or a remarkable abnormality. The Committee shall have the location, and identification of all trees, including any trees which qualify as landmark or heritage trees. An official register of heritage and landmark trees shall be developed and maintained by the City. The register shall contain information specifying the location, size, 111
Ordinance No. 1913
and species and shall identify findings in the street tree inventory for each resource designation.
12.26.050 -Tree care maintenance, responsibility for
The public works director, or the City Council's designee shall be responsible for the operational activities associated with the planting, removal, long term care, maintenance, selection of trees, protection and preservation of heritage trees and street trees within the City boundaries as provided in Section 12.24.110 of the herein Code.
12.26.060 -Tree Removal and Replacement Program
The public works director, with the approval of the City Manager pursuant to Section
12.24.100 of the herein Code, or the City Council's designee and the city's contract certified arborist have the authority to approve tree removal requests only if the tree is dead, diseased, hazardous, or an emergency condition exists which is a threat to public safety.
The public works director or the city contractor for street tree care and maintenance shall inform the adjacent homeowners of all live and/or declining trees intended for removal a minimum of 3 days prior to their removal whenever possible. Those homeowners shall have reasonable time to appeal that decision to the Street Tree Advisory Committee.
A tree that is determined to be causing chronic and persistent damage to curbs, gutters, sidewalks or other hardscape and/or structures may be removed so improvements to the city's infrastructure can be made.
Reasons that will not be considered for tree removal: No healthy city tree shall be removed because of leaves, pine cones, pine needles, fruit, or seed debris or any other perceived annoyance. No healthy tree shall be removed because roots from the tree have grown into a compromised sewer lateral. Maintenance of sewers laterals are the responsibility of the • property owner.
12.26.070 Work on City Street Trees
Routine tree care and maintenance is assigned to the public works director. All street trees shall be cared for and maintained by the City's designated street tree care and maintenance contractor. No permits will be issued to any person or entity for pruning or removal of public trees, and all pruning and removal of public trees shall be undertaken by City staff or the contractor hired by the City.
12.26.080 -Sidewalk and street repair
Should the repair of sidewalks, curbs, gutters or streets create a need to prune tree roots to the extent that the tree may be damaged or become unstable, the City Manager, or his or her designee, whose decision shall be final, shall give consideration to the following in lieu of action that may damage, destabilize or cause the removal of a tree:
A.To not make such improvements;
B.To displace the sidewalk laterally away from the tree trunk, either locally for each tree, or uniformly along length of the street if there is enough room in the existing right of way; C.To displace the curb and gutter laterally into the paved roadway of the street, either locally, or uniformly along a length of the street, which in some cases may necessitate the prohibiting of street parking of vehicles at all times, provided such displacement does not create traffic hazard, or conditions adverse to proper care, repair and maintenance; 112
Ordinance No. 1913
D.To repair to eliminate hazard;
E.To widen the parkway;
F. To relocate the sidewalk or curb;
H. To raise the sidewalk.
12.26.090 - Interference with planting, maintenance, and removal unlawful No person, firm or corporation shall interfere with the city manager or persons acting under his or her authority while engaged in planting, mulching, pruning, or removing any tree, shrub or plant in any street, or public place within the city.
12.26.100 - City Disclaims Liability
Nothing in this ordinance shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of public property or the owner of any private property shall have a duty to keep the trees upon the property and under their control in a safe, healthy condition. Any person who feels a tree located on property possessed, owned or controlled by them is a danger to • the safety of themselves, others or structural improvements on-site or off-site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from any harm including bodily injury or death, as well as damage to real or personal property, and shall immediately notify the City's • Public Works Department of their perceived danger posed by the tree. •
12.26.110 - Citizen Appeals
The Street Tree Advisory Committee shall hear and decide citizen appeals pertaining to tree matters. The decision on appeal shall be by majority vote of the voting members of the Committee hearing the appeal. The Street Tree Advisory Committee's decision may be appealed to the City Manager. The City Manager's decision shall be the final determination of the matter on appeal.
The city's risk management division will evaluate any and all claims involving trees, or anything that may involve a City tree, or items potentially related to involving trees, or any part thereof.
12.26 .120 - Penalty for Violation
Non-compliance with Section 12.26 shall be subject to Upland Municipal Code Chapter 1.10 Administrative Fines.
12.26.130 - Enforcement
Any peace officer, code enforcement officer, or any other person designated by the city manager or his/her designee may issue an administrative citation to a person to remedy any violation of this ordinance.
12.26.150 - Severability
Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid. 113
Ordinance No. 1913
Section 5. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct of reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b) (3) of the State CEQA Guidelines in that the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment and therefore the activity is not subject to CEQA.
Section 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid • provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 7. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this 14th day of Nov ber, 2016. ay sser, Mayor
I, Jeannette Vagnozzi, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 24th day of October, 2016, and was adopted at a regular meeting of the City Council of the City of Upland on the 14th day of November, 2016, by the following roll calf vote:
AYES: Mayor Musser, Councilmembers Bozar, Filippi, Stone, Timm NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
eann a Va noz�i, it Jerk
114
MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE
January 9, 2024
5:00 p.m.
Carnegie Library Building
123 East D Street
1. CALL TO ORDER AND ROLL CALL
Chairperson Breitling called the meeting to order at 5:01 p.m.
In attendance: Committee Chairperson Breitling, Committee Member Garcia, Citizen Advisory Members Damrath, Hoss, Ickis, and Rubio, Public Works Director Yu, Engineering Manager Critchfield, Operations Manager Smiderle, Environmental Quality Administrator deMoet, Operations Supervisor/Arborist Lance, Senior Engineer Gonzalez, Management Analysts Garcia and Madriz
Absent: Citizen Advisory Member Leach
Chairperson Breitling moved item 2a "Making Conservation a Way of Life" to item 3d
2. ORAL COMMUNICATIONS
Brian Taylor, commented on "Making Water Conservation a Way of Life" and had questions regarding trees in the proposed Urban Forest Management Plan tree pallet.
Natasha Walton, requested that the Committee not move the Urban Forest Management plan forward for Council approval until there are more native trees incorporated into the tree pallet and commented on the proposed placement of picnic tables in City parks and questioned if new tables would be placed in Memorial Park.
3. AGENDA ITEMS
a. CAPITAL IMPROVEMENT PROGRAM (CIP) UPDATE
Engineering Manager Critchfield gave a presentation highlighting the status of current capital improvement projects.
Senior Engineer Gonzalez provided an update on the Arrow Highway Pavement Rehabilitation and Utility Improvements project and answered questions from the Committee regarding the project.
b. 2024 URBAN FOREST MANAGEMENT PLAN UPDATE
Public Works Director Yu presented information on the purpose of the Urban Forest Management Plan.
Public Works Director Yu and Operations Supervisor/City Arborist Lance answered questions from the Committee.
1
There was discussion regarding incorporating more native trees into the tree palate and removing the tree list from the document until updated.
Moved by: Committee Member Garcia
Seconded by: Committee Member Damrath
Forward the Urban Forest Management Plan to the City Council for their approval, excluding Section 7 and 8 which will be brought back to the Committee with an updated tree pallet.
Motion: Carried with Citizen Advisory Committee Member Ickis opposed. c. REVIEW OF THE INSTALLATION AND PLACEMENT PLAN FOR PARK PICNIC
TABLES &TRASH RECEPTACLES
Public Works Director Yu and Operations Manager Smiderle presented information on the installation of picnic tables and trash receptacles in City parks and answered questions from the Committee regarding the placement and installation.
d. MAKING WATER CONSERVATION AWAY OF LIFE
Public Works Director Yu and Management Analyst Madriz presented the information on the State's "Making Water Conservation a Way of Life" program.
Public Works Director Yu and Management Analyst Madriz provided information on the impacts of the program and answered questions from the Committee.
Management Analysts Garcia and Madriz presented information on upcoming Public Works community events and workshops.
4. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, April 9, 2024.
Keri Johnson, City Clerk
2
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**AGENDA**
Tuesday, January 9, 2024
5:00 p.m.
Carnegie Library Building
123 East D Street
Residents may observe the meeting remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
1. CALL TO ORDER AND ROLL CALL
2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.
Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda. a. MAKING WATER CONSERVATION A WAY OF LIFE
Recommended Action:
It is recommended that the Public Works Committee receive and file the presentation on the 2024 Update to the State's Making Water Conservation a Way of Life.
3. AGENDA ITEMS
a. CAPITAL IMPROVEMENT PROGRAM (CIP) UPDATE
Recommended Action:
The Public Works Committee receive and file the presentation on the state of various Capital Improvement Program (CIP) Projects for the month of January. b. 2024 URBAN FOREST MANAGEMENT PLAN UPDATE
Recommended Action:
The Citizen Advisory Members of the Public Works Committee, acting in their capacity as Street Tree Advisory Members, forward a recommendation to the City Council for their approval on the updated 2024 Urban Forest Management Plan. c. REVIEW OF THE INSTALLATION AND PLACEMENT PLAN FOR PARK PICNIC TABLES &
TRASH RECEPTACLES
Recommended Action:
The Public Works Committee provide feedback to staff regarding the installation & placement of the new concrete picnic tables & trash receptacles throughout the city public parks.
4. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, April 9, 2024.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II]
On January 4, 2024 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov
The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)
, trpl" CITY FUPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: January 22,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN P.DEITSCH,CITY ATTORNEY
STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE CITY MANAGER
EMPLOYMENT AGREEMENT
RECOMMENDED ACTION:
It is recommended that the City Council approve the Second Amendment to the City of Upland City Manager Employment Agreement with Michael Blay, providing him with an increase in the City's contribution to the City Manager's 401(a)plan.
GOAL STATEMENT
The proposed action supports the City's goal of ensuring stability and consistency in City management.
BACKGROUND
In October 2021,the Upland City Council approved an Employment Agreement with Michael Blay to serve as City Manager("Employment Agreement"). The City Manager's first date of employment was November 9,2021.
On June 12, 2023, in a City Council meeting open session in accordance with the Ralph M. Brown Act, the City Council approved the First Amendment to the Employment Agreement, which set the City Manager's annual base salary at $273,573.73. Prior thereto, the City Manager had voluntarily deferred any increase in base salary until conclusion of negotiations with all four of the City's labor bargaining units. In addition, the First Amendment provided for an increase in the City's contribution to the City Manager's deferred compensation 401(a)plan from 9% to 14% of the City Manager's base salary. This increase was in lieu of any step increase in salary and any COLA increase that otherwise might have been possible in July 2023.
ISSUES AND ANALYSIS
This proposed Second Amendment to the Employment Agreement would increase the City's contribution to the City Manager's deferred compensation 401(a)plan from 14%to 19%of the City Manager's base monthly salary,effective January 8,2024. This increase is not subject to the Public Employment Retirement System benefit calculation based on salary following any future retirement of the City Manager.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and,thus,is exempt.
FISCAL IMPACTS
With this action,the annual compensation paid to the City Manager will increase by$13,679,with the General Fund's portion being$4,104. The City's FY 23/24 operating budget included an assumed 5%increase for the City Manager as of his November anniversary date. As the Second Amendment will not take effect until January 8,2024,the City will see a savings of$2,361 (including a$708 General Fund savings)compared to the adopted budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
SECOND AMENDMENT TO THE CITY OF UPLAND
CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL SLAY)
This Second Amendment to the City Manager Employment Agreement ("Second Amendment") between the City of Upland ("City") and Michael Blay ("Employee") is entered into this 22t1i day of January, 2024.
RECITALS
WHEREAS, City entered into an original City Manager Employment Agreement with Employee on October 25, 2021 ("Original Agreement"), and amended it on June 12, 2023 ("First Amendment"); and
WHEREAS, City and Employee now desire to further amend the Original Agreement, as amended by the First Amendment, to increase City's contribution to Employee's 401(a)plan.
AGREEMENT
NOW, THEREFORE,the above named parties hereby mutually agree and promise as follows:
1. The language added by the First Amendment to Section 4 of the Original Agreement is hereby amended to read as follows:
"City agrees to contribute Nineteen Percent (19%) of Employee's base monthly salary to a 401(a)plan."
2. The increase set forth in Section 1 above shall become effective beginning January 8, 2024.
3. Except as amended by this Second Amendment, all other terms and provisions of the Original Agreement, as amended by the First Amendment, shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
46708.00102\41938581.1
SIGNATURE PAGE TO
SECOND AMENDMENT TO THE CITY OF UPLAND
CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
The City and Employee have duly executed this Second Amendment as of the date first written above.
CITY OF UPLAND EMPLOYEE
By: By:
46708.00102\41938581.1 2
FIRST AMENDMENT TO THE CITY OF UPLAND
CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
This First Amendment to the City Manager Employment Agreement ("First Amendment") between the City of Upland ("City") and Michael Blay ("Employee") is entered into this 12th day of June, 2023.
RECITALS
WHEREAS, the City entered into an original City Manager Employment Agreement ("Original Agreement")with Employee on October 25, 2021; and WHEREAS, the City and Employee now desire to further amend the Original Agreement in order to provide for a base salary increase for Employee due to the fact that other City employees have received an increase that bring their base salaries within ten percent (10%) of Employee's base salary.
AGREEMENT
NOW, THEREFORE,the above named parties hereby mutually agree and promise as follows:
1. Section 3.A of the Original Agreement is hereby amended to read as follows:
"Base Salary: City agrees to pay City Manager an annual base salary, of Two Hundred Seventy-Three Thousand, Five Hundred Seventy-Three Dollars and Seventy-Three Cents ($273,573,73), payable in installment at the same time that other management employees of Employer are paid.
2. Section 4 of the Original Agreement is hereby amended to add the following language:
"City agrees to contribute Fourteen Percent (14%) of employee's base monthly salary to a 401(a)plan.
2. The increases set forth in Sections 1 and 2 above shall become effective beginning June 25, 2023.
2. Except as amended by this First Amendment, all other terms of the Original Agreement, as previously amended, shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] •
23152.06020\41182168.1
SIGNATURE PAGE TO
FIRST AMENDMENT TO THE CITY OF UPLAND
CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
The City and Employee have duly executed this First Amendment as of the date first written above.
CITY OF UPLAND EMPLOYEE
By: By: A
23152.06020\41182168.1 2
City Manager Employment Agreement
This Agreement, made and entered into this 25th day of October, 2021 , by and between the City of Upland, California, a charter city and municipal corporation in the State of California (" City"), and Michael Blay("City Manager"or "Employee")an individual who has the education, training and experience in local government management.
1. TERM
The City hereby agrees and does employ City Manager commencing on November 9, 2021 ("Commencement Date") and continuing for three (3) years until the end of business on November 8, 2024 or until terminated in accordance with Section 8 of this Agreement, whichever occurs first.
2. DUTIES AND AUTHORITIES
City agrees to employ City Manager, and City Manager agrees to accept and begin employment on the Commencement Date to perform the functions and duties specified in City of Upland Municipal Code. In addition, City Manager shall have the powers and duties which are delegated to him by the City Council. City Manager shall execute all powers and duties in accordance with policies adopted by the City Council and applicable state and federal laws.
3. COMPENSATION
A. Base Salary: City agrees to pay City Manager an annual base salary of Two Hundred Fifty One Thousand Four Hundred Seven Dollars and One Cent ($251 .407.01), payable in installments at the same time that the other management employees of Employer are paid.
B. The City Council may adjust City Manager's annual base salary from time to time at its discretion. Any such adjustments shall be made in open session during a regularly scheduled meeting of the City Council, with a record of said City Council action being subsequently attached to this Agreement as an automatic amendment thereto.
4. BENEFITS
Unless otherwise provided herein, City Manager shall receive those benefits as set forth in the City of Upland Executive Management Employees Compensation and Benefit Plan, as they apply to non-safety executive management employees, to the extent permitted by applicable law and as the Plan may be amended from time to time. Leave accruals will be booked in accordance with Employer's usual payroll procedures,
1 44708 O H O5134474188.1
A. City Manager shall accrue vacation leave at the rate of 128 hours per year.
B. City Manager shall commence employment with a bank of 80 hours of vacation and 80 hours of paid sick leave.
5. RETIREMENT
City agrees to enroll California Public Employee Retirement System as a new member under the same terms as other non-safety employees of the City.
6. GENERAL BUSINESS EXPENSES
A. City agrees to budget reasonable sums for and to pay for professional dues and subscriptions of City Manager necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for City Manager's continued professional participation, growth, and advancement, and for the good of City.
B. City agrees to budget reasonable sums for and, consistent with the City's reimbursement policy adopted pursuant to Assembly Bill 1234, as it may be amended from time to time, to pay for travel and subsistence expenses of City Manager for professional and official travel, meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, League of California Cities, and such other national, regional, state, and local governmental groups and committees in which City Manager serves as a member.
C. City agrees to budget reasonable sums for and, consistent with the City's reimbursement policy adopted pursuant to Assembly Bill 1234, as it may be amended from time to time, to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for City Manager's professional development and for the good of City.
D. City recognizes that certain expenses of a non-personal but job- related nature are incurred by City Manager and agrees to reimburse or to pay reasonable general expenses consistent with the City's reimbursement policy adopted pursuant to Assembly Bill 1234, as it may be amended from time to time. The Finance Officer is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
7. TECHNOLOGY
City may provide City Manager with a laptop computer or equivalent and cell phone, and shall pay City Manager's cell phone bill to the extent necessary and consistent with the City's reimbursement policy adopted pursuant to Assembly Bill 1234, as it may be amended from time to time. Any equipment provided to employee must be immediately returned to the City upon termination or surrendered to the City upon request 2 46748.0018534474188.i
by the City Council. Further, City Manager understands that while such equipment may be used for incidental personal purposes, he may have no expectation of privacy in any personal information contained on or stored in this equipment upon its return to the City.
8. TERMINATION
A. Employee serves at the will and pleasure of the City Council and may be terminated upon 30 days' written notice, with or without cause by a majority vote of the full membership of the City Council as then constituted, in accordance with Section
2.04.240 of the Upland Municipal Code. Notwithstanding this 30 days' notice requirement, the City Council may in its sole discretion place City Manager on leave with pay immediate upon giving the notice of termination.
B. Unless extended by mutual written agreement between both Parties, this Agreement and Employee's employment with the City will terminate at the end of business on the expiration date set forth in Section 1 above.
C. If Employer reduces the base salary, compensation or any other financial benefit of Employee, unless it is applied in no greater percentage than the average reduction of all department heads of the City, such action shall constitute a breach of this Agreement and will be regarded as a termination.
D. If Employee resigns following an offer to allow resignation in lieu of termination, made following a majority vote of the full membership of the City Council as then constituted, Employee may declare a termination as of the date of the offer.
9. SEVERANCE
A. Severance shall be paid to City Manager when employment is terminated without cause in accordance with Sections 8(A), (C), or(D) above. Said severance payment shall be equal to Sixty (60) days' base salary at the then current base rate of pay. Notwithstanding, and in accordance with Government Code section 53260, the severance payment shall not exceed the monthly salary multiplied by the number of months left on the unexpired term, or an extended term, of this Agreement. In other words, the severance amount shall be equal to Sixty (60) days' base salary at the then current base rate of pay or that same monthly salary multiplied by the number of months left on the unexpired term of the contract, whichever is less. This severance shall be paid in a lump sum unless otherwise agreed to by City and City Manager. Said severance payment shall be subject to all applicable payroll deductions. As a condition of receiving severance, City Manager agrees to execute a waiver and release of all claims related to and arising out of his employment City. Employee shall forfeit any right to severance if he does not execute the waiver and release within Sixty (60) of the effective date of his termination.
B. Notwithstanding Section 9(A) above, if City Manager is terminated because of a conviction of a felony or other serious misconduct, then the City is not obligated to pay severance under this section.
3 4670 R.00 10 5134474 1 8 8.1
C. Pursuant to Government Code sections 53243, 53243.1 and 53243.2, if Employee is convicted of a crime involving an abuse of his/her office or position, all of the following shall apply: (1 ) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Employee may receive from City shall be fully reimbursed to City or void if not yet paid to Employee. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
10. RESIGNATION
In the event that City Manager voluntarily resigns his position with City, City Manager shall provide a minimum of 30 days' notice unless the parties agree otherwise.
City is not obligated to pay severance if City Manager voluntarily resigns.
11. PERFORMANCE EVALUATION
The City Council shall provide the City Manager with initial reviews of his performance both three and six months after the Commencement Date of this Agreement.
The City Council shall also evaluate City Manager's performance annually on the anniversary of the Commencement Date of this Agreement.
The City Manager shall remind the City Council of its obligation to conduct the three-month, six-month, and all annual performance evaluations. While the City Council shall consult with the City Manager over the format and process of any evaluation, the ultimate format and process shall be at the City Council's discretion.
Nothing in this section shall prohibit the City Council from evaluating the City Manager's performance at any other interval or time. Further, the failure to conduct a performance evaluation under this Section shall not alter City Manager's at-will status as set forth in Section 8 above.
12. HOURS OF WORK
It is recognized that City Manager must devote a great deal of time outside the normal office hours on business for City, and to that end City Manager shall be allowed to establish an appropriate work schedule, subject to the direction of the City Council.
Notwithstanding the above, it is understood that the City Manager will be generally available during normal City operating hours, unless he is on an approved leave of absence.
4 46708,00105%34474188,l
13. OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be City Manager's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to City and the community, City Manager may elect to accept limited teaching, consulting, or other business opportunities on condition that such arrangements shall not cause interference with or constitute a conflict of interest with City Manager's responsibilities under this Agreement.
14. INDEMNIFICATION
Subject to Section 9(C) above, City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties or resulting from the exercise of judgment or discretion in connection with the performance of City Manager's duties or responsibilities, as required by law.
Also subject to Section 9(C) above, City agrees to pay all reasonable litigation expenses of City Manager throughout the pendency of any litigation to which the Employee is a party, witness, or advisor to the City. Such expense payments shall continue beyond City Manager's service to the City as long as litigation is pending.
Further, City agrees to pay Employee reasonable consulting fees and travel expenses when City Manager serves as a witness, advisor, or consultant to City regarding pending litigation,
16. BONDING
City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance.
17. NOTICES
Notice pursuant to this Agreement shall be given by depositing same in the custody of the United States Postal Service, postage prepaid, addressed as follows:
5 •46708.001051.34474]88.1
A. CITY
To The Mayor
c/o City of Upland
460 N. Euclid Avenue
Upland, CA 92315
with a copy to:
Stephen P. Deitsch
Best Best & Krieger, LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
B. CITY MANAGER:
Michael Blav
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. If there is any change in the above contract information, the party changing the contact information shall provide immediate written notice to the other party.
20. GENERAL PROVISIONS
A. Integration. This Agreement sets forth and establishes the entire understanding between City and City Manager relating to the employment of City Manager by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement.
Such amendments shall be incorporated and made a part of this Agreement.
B. Binding Effect. This Agreement shall be binding on City and City Manager, as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on November 9, 2021.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 6 46708.0010504474188.1
Dated: * ` Dated: f d 2.0 Q Z f By: By:
orPT' PIP.-
46708.0010504474188.i