Water Quality and Tree Protection Ordinance
On January 15, 2019, the Board of Supervisors approved the Napa County Strategic Plan (2019-2022). As a part of its approval, the Board directed staff to initiate an effort to update the Conservation Regulations and to develop to other regulations as needed regarding the following specific Strategic Actions:
12.A: Update the Conservation Regulations to improve requirements for stream setbacks, to better protect riparian habitat while providing flexibility for farming.
12.B: Improve tree preservation by adopting a separate ordinance increasing canopy protection and mitigation requirements throughout the unincorporated area.
12.E: Evaluate modification of buffers around municipal reservoirs.
On April 9, 2019, the Napa County Board of Supervisors (BOS) amended the County’s Conservation Regulations with the adoption of the Water Quality and Tree Protection Ordinance (WQTPO) to enhance requirements for stream, wetland, municipal reservoir setbacks, and to increase tree canopy retention and preservation. These new requirements will go into effect on May 10, 2019.
Since 1991, the County’s Conservation Regulations (Chapter 18.108) prohibited the construction of main or accessory structures, earthmoving activity, grading or removal of vegetation or agricultural uses of land within required stream setbacks. With the adoption of the WQTPO, existing requirements were expanded to apply setbacks to wetlands and ephemeral and intermittent streams. In addition, the Conservation Regulations have required minimum vegetation retention requirements within municipal water supply watersheds. These retention requirements for vegetation canopy have been increased from sixty to seventy percent and expanded to apply to the Agricultural Watershed (AW) zoning district outside of municipal watersheds.
The ordinance is implemented by the Napa County Department of Planning, Building, and Environmental Services (PBES). An Implementation Guide has been prepared and is available to provide landowners and applicants with general background and guidance to help facilitate the building permit and land use entitlement application process. The guide also lists additional resources available at PBES.
(documents below are organized by meeting date)
- Staff Report
- Attachment A - Regulation Comparison Table
- Attachment B - Options and Staff Recommendations
- Attachment C - Map of 30% Slopes or Greater
- Attachment D - Map of Municipal Reservoir Watersheds
- Attachment E - Map of National Wetland Inventory
- Attachment F - Map of Blue Line Streams
- Attachment G - Pending Agricultural Erosion Control Plan (ECPA) Project List
- Correction Memo - SP Watershed Protections (Added after initial agenda posting)
- PowerPoint Presentation
- Water Quality and Tree Protection Ordinance Summary Table (1/29/19)
- Water Quality and Tree Protection Correspondence (received before meeting)
- Water Quality and Tree Protection Correspondence (final)
- Final Draft versions (a tracked version and a clean version) of the Water Quality and Tree Protection Ordinance, as directed by the BOS during their workshop on January 29, 2019
PC Meeting - March 6, 2019
- Staff Report
- Supplement to the Staff Report (Added after initial agenda posting)
- Draft Ordinance (Full Text) (Added after initial agenda posting)
- Correction Memo Dated February 19, 2019 (Added after initial agenda posting)
- Public Comments Received After 2/20/19 (Added after initial agenda posting)
- Public Comments Received 2/28-3/5/19 2:00PM (Added after initial agenda posting)
- Public Comments Received 3/5/19 5:00PM (Added after initial agenda posting)
- Public Comments Received 3/5/19 5:00PM - 3/06/19 (Added after meeting)
- Public Comments Received 3-6-19 Number 1 (Added after meeting)
- Public Comments Received 3-6-19 Number 2 (Added after meeting)
- Public Comments 3-6-19 Elaine deMan Presentation (Added after meeting)
- Public Comments 3-6-19 Julia Winiarski Presentation (Added after meeting)
- Public Notice
BOS Meeting - March 26, 2019
- Updated Draft Ordinance * Opens a New Window.
* County staff discovered formatting errors in the draft ordinance below. These errors likely resulted from conversion of the draft document from Word to PDF. Staff corrected those formatting errors, and made other non-substantive clerical corrections. Staff also identified and corrected two outdated and incorrect references in the current chapter.
- Draft Ordinance Opens a New Window.
- BOS Summary Table (from 1/29 meeting) and PC Direction (from 3/6 meeting) Opens a New Window.
- Public Notice Opens a New Window.
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- Draft Ordinance, final red line version Opens a New Window.
- Ordinance No. 1438: Water Quality and Tree Protection Ordinance (Clean Version) Opens a New Window. Opens a New Window. Opens a New Window.
BOS Meeting - April 9, 2019
- Final Ordinance, approved 4/9/2019 Opens a New Window.
- Final red line version
- Summary of Water Quality and Tree Protection Ordinance
- Implementation Guide to the WQTPO
- ens a New Window. Water and Tree Protection Ordinance Frequently Asked Questions (FAQs)
Opens a New Window. Frequenctly Asked Questions (FAQs Opens a New Windo Opens a New Window. Opens a New Window.