26. Situations which are declared to be public nuisances
Purpose: To define unacceptable situations which are subject to abatement by the local government.
Notes: Conditions and situations that jeopardize public health and safety are most commonly declared to be public nuisances. Hazardous trees and trees which obstruct travel or line of sight may fall into this category. Situations that threaten the health of the urban forest or are contrary to the community forest management strategy may also be declared nuisances. This second category includes trees which harbor diseases or insect infestations that may readily spread to adjacent trees and species which are considered undesirable. Improper maintenance practices which can lead to tree death or disfigurement have also been declared to be public nuisances in some communities. Abatement procedures are typically contained in a separate provision (see provision 27 - Abatement of hazards and public nuisances).
| A. Any tree, shrub or groundcover,
growing or standing on private property in such a manner that any portion
thereof interferes with any public street, sidewalk, alley or restricts
the flow of traffic or visibility of such street, sidewalk, alley or intersection
thereof to any person or persons lawfully using such streets, sidewalks,
alleys or intersections shall constitute a public nuisance.
[La Habra, CA: City Code Section
12.20.100A]
The following things are public nuisances whenever
they may be found within the City of Sacramento:
(a) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm Disease fungus, Ceratocystis ulmi (Buisman) Moreau [the name is now Ophiostoma ulmi (Buisman) Nannf.]; or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsh.) Or Hylurgopinus rufipes (Eich.); (b) Any dead elm tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed. [Sacramento, CA: City Code Section
45.102]
It is hereby declared a public nuisance for any
person owning, leasing, occupying, or having charge of any premises in
the City of Visalia which has one or more Oak trees located thereon to
intentionally, negligently, accidentally, or otherwise maintain said premises
in such a manner so as to cause harm to and of said Oak trees, by reason
of any of the following conditions.
[Visalia, CA: Ordinance Code Section
2356]
|
Purpose: To set forth procedures for abating the public nuisances described in provision 26 (Situations which are declared to be public nuisances).
Key elements:
| ... upon a determination by the Park
Superintendent that such a private tree constitutes a public nuisance,
he shall give written notice to the owner of the property upon which said
nuisance exists to trim, remove, or otherwise control such tree in such
a manner as will abate such nuisance. Failure to comply with such written
notice within ten days thereafter, is a violation of this section...
[Patterson, CA: City Code Section
12.16.120]
... The City may remove or trim such tree, may
permit any public utility to do so, or may require the property owner to
remove or trim such tree on private property or on a public parking strip
abutting upon the property of the owner. The failure of the property owner,
or his duly authorized agent, to remove such tree after fifteen (15) days
notice by the City Superintendent shall be deemed a violation of the provisions
of this chapter, and the City Superintendent may then remove or trim such
tree and assess the cost thereof against the property.
[Fowler, CA: City Code Section 7-1.08]
|
Purpose: To improve care of private trees by ensuring that firms performing tree maintenance are qualified and have appropriate liability insurance coverage.
Key elements:
| Any person, firm or corporation engaged
in the business of removing City trees shall carry public liability and
property damage insurance in an amount to be determined by the city council
and policies or certificates thereof shall be filed with the city clerk.
Where deemed advisable, the Director may require the posting of a performance
bond pursuant to Chapter 2.17 of this code to guarantee the completion
of any job in accordance with adopted City Standards, rules and regulations.
[Carpinteria, CA: City Code Section
12.28.240]
|
Many jurisdictions require proof of insurance and professional qualifications only of firms performing work for the local government. Others, as shown below, extend insurance requirements to all tree service firms operating within the community.
| Any person engaged in the business
of pruning, trimming or removing of trees in the City of Escalon, shall
secure an annual permit to so from the City Administrator. This permit
is in addition to all other business licenses required by Ordinance No.
24 as amended of the City of Escalon. ... As a condition to obtaining
said permit, the person shall furnish satisfactory proof to the City Administrator
that he has public liability insurance covering said pruning, trimming,
or removing trees, in minimum amounts ... as established by the Council
by resolution. The policy or policies of insurance, or certificates thereof,
shall be filed with the City Administrator, prior to the issuance of said
license, and such person shall keep said insurance in full force and effect
during the term of the permit.
[Escalon, CA: City Code Ordinance
147 Section 12]
|
| When the city requires tree pruning,
any tree service contractor performing work shall have on its staff an
arborist certified by the Western Chapter of the International Society
of Arboriculture. This arborist must oversee all pruning work and certify
that all work meets the city's pruning specifications. If a certified
arborist is not on the staff of the tree contractor, the city arborist
must approve the tree service contractor before work begins.
[San Luis Obispo, CA: Municipal
Code Section 12.24.160]
|
As part of the license requirement, the local government can also require that tree care firms abide by the requirements of the tree ordinance and by tree care standards incorporated by reference in the ordinance, as in the following example.
|
It shall be unlawful for any person who is
being paid a fee for the business of planting, cutting, trimming, pruning,
removing, or otherwise modifying trees within the City of Myrtle Beach
to conduct such business without first signing an affidavit stating
that he/she has received and read the Tree Protection Ordinance and
[most recent] ANSI A300 Standards [and that all work performed will
consistent with these documents]. Such affidavit shall be completed
and submitted when making application for or renewing a City of Myrtle
Beach business license. Tree pruning shall be accomplished in accordance with the procedures set forth in the [most recent] ANSI A300 standards. [Myrtle Beach, SC: Municipal Code
Section 903.4, 903.12.1]
|
The example code below requires tree care licensing, authorizes the city arborist to manage and enforce the licensing program under the review of the city tree commission, and requires licensees to abide by city standards and ordinances.
|
It is unlawful for any person or business to perform tree pruning and repair work (as defined in Section...) for hire within the city without a valid tree care license issued by the city arborist. Each tree pruned or otherwise modified in violation of this provision shall constitute a separate offense. The first such offense is punishable by a fine not to exceed $500; each subsequent offense is punishable by a fine not to exceed $1000 dollars. No maximum fine is established for multiple violations by a single person or business. The city arborist is authorized to issue
tree care licenses to persons or businesses that meet the following
minimum requirements: The city arborist is authorized to suspend or revoke the tree care license of any person or business that performs work which does not comply with tree care standards as specified in this chapter and in the comprehensive tree management plan. License suspensions and revocations may be appealed to the city tree commission within 10 days of notification. The decision of the city tree commission shall be final and is not subject to appeal. The city arborist may reissue any tree care business license previously revoked subject to the above minimum requirements and any additional requirements as may be prescribed by the city arborist and approved by the city tree commission. [Example code by the authors]
|
Purpose: To prohibit negligent or intentional damage to trees and other plants growing in the public right of way.
Key elements:
| It shall be a violation of the provisions
of this Chapter for any person to abuse, destroy or mutilate any tree,
plant or shrub in a public parking strip or any other public place, or
to attach or place any rope, wire (other than one used to support a young
or broken tree), sign, poster, handbill or other things to or on any tree
growing in a public place, or to cause or permit any wire charged with
electricity to be placed or attached to any such tree, or allow any gaseous,
liquid or solid substance which [is] harmful to such trees to come in
contact with their roots, [trunks,] or leaves.
[Corcoran, CA: City Code Section
2-4-9]
|
Purpose: To provide for municipal review and approval of any activity which could be detrimental to public trees.
Key elements:
| A. No person, unless expressly
authorized hereunder, shall plant, remove, cut, trim, or prune, any street
tree or any tree, plant, or shrub in a city park or other public place
without a permit issued by the Director of Public Works. Such permit application
shall be made at least 2 working days before the intended activity. The
Director of Public Works may grant the permit or grant a permit on conditions
when such is consistent with the provisions of this chapter, the Master
Street Tree Plan, and other applicable laws and public policy. No such
permit shall be valid for a period greater than 30 days after the date
of its issuance.
B. In the case of moving a building along a street, such permit conditions may include rerouting, segmenting of such structure, and payment by applicant of attendant costs attributed to trimming or cutting authorized under such permit. [Pasadena, CA: Municipal Code Section
8.52.080]
(b) All work performed on city street trees pursuant to a permit issued by the director under this section shall be done within a sixty day period from the issuance of said permit, or within such longer period as the director shall specify. (c) The director shall condition any permit granted pursuant to this section for the removal of a city street tree, on the permittee removing, and where the director determines to it be appropriate, replacing the tree. In such case, the full cost of removal and replacement shall be borne by the owner and such service shall not be provided by the city. (d) The director may condition any permit granted pursuant to this section on any such conditions as the director determines to be necessary. (e) The provisions of Sec. 45.12 shall be complied with whenever a property owner seeks a permit to remove or trim a city street tree to facilitate moving any building or other structure. [Sacramento, CA: City Code Section
45.7]
|
| The city shall post a sign notifying
the public of the date and description of a proposed tree removal. The
sign shall be posted in a prominent location, visible from a public street,
for a period not less than five days before either staff consideration
of a tree removal permit or a public hearing on a related development.
[San Luis Obispo, CA: Code Municipal
Code Section 12.24.180F]
|
| When maintaining street trees, a public
utility must observe good arboricultural practices, as specified by the
International Society of Arboriculture Western Chapter Pruning Standards
and the City of San Luis Obispo Safety Pruning Specifications.
[San Luis Obispo, CA: Municipal
Code Section 12.24.140]
[Corte Madera, CA: City Code Section
15.50.040]
|
Purpose: To protect designated individual trees on private property from indiscriminate removal and damage.
Key elements:
Notes: This type of provision is typically known as a heritage or landmark tree protection provision. It is best suited to protecting conspicuous individual trees that are of unique historical, ecological, or aesthetic value, and therefore constitute an important community resource. A mature tree is a significant community resource that required many years to develop and can provide community benefits for generations, but can be destroyed in as little as a few minutes. This is the main reason that trees may be provided a higher level of legal protection than is usually afforded to other plants in the urban landscape.
Although trees can be long-lived, the life spans of individual trees are still limited, especially in the urban environment. Hence, this type of provision may not address the long-term sustainability of the urban forest. Furthermore, because of its focus on individual trees, this type of provision may not be appropriate or effective for protecting woodlands and forests. Woodland or forest conservation is addressed in provision 32 (Conservation of forest and woodland resources during development).
Provisions that regulate private trees are unlikely to be effective without community support. Unless residents strongly support tree protection, it is probably advisable to link tree protection with some sort of benefit or incentive to balance the additional burden imposed by the provision. The local government might provide tree care assistance, consulting, reduce certain assessments, or institute a recognition program to provide a tangible benefit to owners of protected private trees. Education and incentive programs are needed to ensure that protected trees are seen as an asset rather than a liability.
If your community is interested in preserving native trees, you may want to consider options beyond limiting tree removal on private property. For example, you might consider a policy which calls for planting native trees in public places (see provisions: 7 - Policies regarding trees, 24 - Permit required for planting trees in the public right-of-way, and 25 - Planting requirements).
Classes of trees protected. Private tree protection regulations are commonly directed toward desirable, long-lived locally native trees and/or trees of historical significance. Most commonly, protected trees are designated by species, size, and/or location, although other criteria may also be used (see Defining special trees: heritage, historic, and landmark trees). These criteria should takes into account differences between species and the influence of local environmental conditions on tree growth rates.
One disadvantage of using a size criterion is that some property owners may elect to remove trees before they grow large enough to come under the protection of the ordinance. This is obviously a counterproductive situation, since it has the effect of destroying future tree resources. Unfortunately, this behavior has been observed in various communities. If the goal of the community is to protect woodlands or forests, rather than individual trees, a forest/woodland protection provision (see provision 32) may be more appropriate. In some communities, both types of provisions may be needed to address the range of situations involved. If both individual tree and woodland protection provisions are used in the same ordinance, ordinance language must be clear as to which provision applies to a given tree or group of trees.
Some communities apply tree protection provisions only to commercial properties by exempting single-family residential parcels. This may greatly limit the impact of the provision because most of a community's trees are typically located on residential parcels. On the other hand, if tree loss and poor tree care in commercial districts are serious problems in a community, focusing the provision on those problem areas may be appropriate.
In the following example, the various classes of protected trees are clearly stated. Another example is included on the Defining special trees: heritage, historic, and landmark trees page. It is important to grant protected status to trees planted or retained in compliance with the ordinance to establish a basis for long-term protection of tree canopy.
|
The city hereby declares that the following
are protected trees:
(1) Trees planted or retained to meet
the Landscape Ordinance (Section 910) requirements;
(2) Wax Myrtles (Myrica
cerifera) and Crape-Myrtles (Lagerstroemia
indica) designated as "tree forms"
or used to fulfill tree requirements on approved landscape plans or
greater than 10 feet in height;
(3) Any tree over 3" caliper located
on city-owned property including any public right-of-way;
(4) Any Sycamore (Plantanus
occidentalis) and Sweet-Gum (Liquidambar
styraciflua) with a 12" DBH or
greater;
(5) Any Pine (Pinus)
with a 18" dbh or greater (except Japanese Black Pine with a
caliper of 2" or more);
(6) Indigenous trees, as defined in 903.3(12);
and
(7) All other species of trees that are
5" or more in caliper.
[Myrtle Beach, SC: Municipal Code Section 903.5]
|
Especially in urbanized areas, established trees are commonly threatened whenever property ownership changes. New property owners often do not understand or appreciate how trees on the property function in the landscape. In their zeal to make their mark on their newly-acquired properties, new landowners may quickly remove or inappropriately prune trees, or undertake landscape renovation projects that seriously damage tree roots and lead to the decline of established trees. If trees on only a few parcels each year are impacted by zealous but uniformed new owners, the cumulative effect on the community's mature tree population can be substantial.
The tree protection provision could be used to help reduce unnecessary tree damage by new property owners. The ordinance could extend protected tree status to virtually all trees on a property that has just changed ownership for a limited period, preferably at least one full year. By living with a tree for a full year and seeing how it functions in the landscape, property owners can make better decisions about managing the trees that have been passed down to them by previous owners. Furthermore, establishing a temporary moratorium on tree removal and other damaging activities provides a window of time during which the local government or a community tree group could try to educate new owners about tree values and proper tree tree care.
|
Protected trees shall include... All trees with a caliper of one inch or greater (measured 4.5 feet above grade) on properties for which a change in ownership has been recorded within the previous 15 months.[Example code by the authors]
|
Many tree protection provisions also provide specific exceptions that are not covered by the ordinance, as in the following example.
|
b) Exemptions. A permit is not required to cut or remove a tree(s) under the following circumstances: (1) Trees that do not exceed two inches (2") in diameter when measured at a point four and a half feet (4.5') above the tree's natural grade. (2) Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official or code enforcement officer in their official capacity. The Department of Planning and Community Development shall be promptly notified of the nature of the emergency and action taken. (3) When removal is determined necessary by fire department personnel actively engaged in fighting a fire. (4) Trees planted, grown and/or held for sale as part of a licensed nursery business. This exemption is limited to trees with main trunks under ten inches (10") in diameter. [Thousand Oaks, CA: Municipal
Code Section 5-14.04]
|
|
Any trees that exceed two inches in diameter when measured at a point four and a half feet above the tree's natural grade shall be exempt from the protection requirements of this ordinance (Section...) under the following circumstances: (1) The property owner provides evidence acceptable to the Director that the tree has been planted by the owner during the period of his or her ownership of the property, and that the planting was not required by the city under Sections.... Evidence may consist of dated photographs, dated receipts, and/or other documentation acceptable to the Director. At the Director's discretion, the Director or authorized agent may inspect the tree to verify information provided by the property owner.[Example text by the authors]
|
Activities subject to regulation. In many jurisdictions, protection of trees on private property is limited to situations involving development or construction on a parcel. In these situations, tree protection is tied to the issuance of construction-related permits, a process over which the local government can readily exercise some control . However, if protection is provided only during construction, long-term tree survival may not be guaranteed. In many instances, considerable efforts have been made to protect trees during the development process, including project redesign, only to have "protected" trees removed or seriously damaged by the subsequent property owner.
To avoid this pitfall, some communities extend protection generally to certain classes of trees whether or not construction permits are involved. In the following example, a permit is required to perform any activity that may damage protected trees. Relatively few local governments actually allocate the resources necessary to monitor and cite violators that illegally damage or remove trees on private properties. More commonly, such provisions rely on education of the public and are largely enforced on a complaint basis. Hence, such provisions normally require a high level of community support and voluntary compliance to be successful.
| a) No person shall cut, remove,
encroach in the protected zone, or relocate any oak tree on any public
or private property within the City unless a valid oak tree permit has
been issued by the City pursuant to the provisions of this chapter and
the Oak Tree Preservation and Protection Guidelines. The status of limbs
or trees as deadwood or dead trees must be confirmed by the City's Oak
Tree Preservation Consultant.
[Thousand Oaks, CA: Municipal Code
Section 5-14.04]
|
For the example above, the intended meanings of words
such as "cut", "remove", "encroach", "protected zone" and "oak tree", should
be defined in the definitions section (see provision
4). In this example, "cut" includes pruning. Poor pruning
practices such as topping (a.k.a. "hatracking") may also be addressed
in a separate provision (see provision
23).
Rather than requiring a permit for pruning, the city of Visalia, CA, requires filing of an "intent to prune notice". The purpose of this provision is to avert improper pruning of oak trees (see also provision 22 - Help for citizens performing tree maintenance):
| Except in cases of emergencies as described
in Section 2344, no person shall prune or cause to be pruned any Oak
Tree limb of a diameter of 2" or greater within the City of Visalia
without first submitting a completed Oak Tree Intent To Prune Notice
with the Director, as provided herein.
[Visalia, CA: Ordinance Code Section
2345]
|
Criteria and standards for approving regulated activities. The criteria
for approving tree removal or damage will vary somewhat between locations,
due to the predominant tree species present or other site-specific details.
The example below is typical of criteria used in many ordinances.
| The intended decision of the Director
shall be based upon reasonable standards, including, but not limited
to, the following:
(a) The condition of the Oak Tree with respect to its general health, damage, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interface with utility services, and its status as host for [parasitic] plant[s], pest[s], or disease[s] endangering other species of trees or plants with infection or infestations. (b) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property. (c) The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface water (d) The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the City as a whole. (e) Good forestry practices such as, but not limited to, the number of healthy trees a given parcel of land will support.
[Visalia, CA: Ordinance Code Section 2342]
|
In the example above, the permitting authority essentially weighs various
tree-related factors, such as tree health and growing conditions, potential
hazard, and local environmental impacts, against the needs or desires of the
property owner. Unfortunately, this can easily become a contest to see who
has more clout - the property owner or the tree. More often than not, the
tree loses the contest, largely because the tangible economic interests of
the property owner (e.g., potential income, value of property improvements)
are pitted against the less tangible and/or poorly quantified community-wide
values provided by the tree (e.g., aesthetics, erosion protection, heat island
mitigation).
Most heritage or landmark tree provisions set criteria for approving regulated activities such as tree removal, but few actually set minimum performance standards for approval. Although the criteria for approving regulated activities may be similar in many communities, appropriate performance standards will vary between jurisdictions. Standards should take into account factors such as the number and type of trees that are regulated by the ordinance, characteristics of the local community forest, and the amount of community support for tree protection. The following example sets standards for disallowing tree removal, but the use of terms such as "substantially alter", "reasonable accommodations", and "significant adverse effect" are vague and subject to diverse interpretations. Explicit minimum standards (e.g., "loss of more than 2.5% in property values") would be preferable.
|
Removal of trees - Conditions and exceptions (1) Tree removal shall be disallowed in
the following circumstances: (a) The tree is located in an area where a structure or improvement will be placed and the tree cannot be relocated on the site because of age, type or size of tree. (b) The tree is diseased or structurally unsound... [Roswell, GA: Municipal code
Article XIX, Section 1900.13 ]
|
Standards do not necessarily have to pose absolute limits on tree removal. They could serve to establish a set of thresholds; as each threshold is exceeded, permit requirements would become more stringent. A tiered system could provide an incentive for landowners to minimize the removal of protected trees. The example below illustrates how such standards might be established and related to the community benefits that trees provide. Minimum standards are explicitly stated in the example.
|
Requests for removal of protected trees shall be subject to the additional permit and mitigation requirements listed in Section... if any of the following conditions exist: (1) Tree removal would result in more than a 25 percent reduction of the tree canopy cover on the subject parcel over the most recent three-year period. (2) The ground slope within the drip line
of the protected tree exceeds: [Example text by the authors]
|
The standards may also be listed in a separate document which is referenced in the ordinance as in the following example.
| Not withstanding any of the other
requirements of these regulations, it shall be unlawful to remove a specimen
tree without the express written permission of the County Arborist or
authorized agent(s). [The decision of the the County Arborist or authorized
agent(s) shall be consistent with the] Administrative standards [that]
have been established by the Director of the Department of Environment
and Community Development for the identification, preservation and protection
of specimen trees. [Fulton Co, GA: Tree Preservation
Ordinance Sec. I.V.C]
|
Most individual tree protection provisions are poorly suited to protecting groups or stands of trees because they lack performance standards that adequately account for the cumulative effect of tree loss. Evaluations are normally made on a tree-by-tree basis in individual tree protection provisions. If we look at any single tree closely enough, it is usually possible to find some reason to permit its removal - it may be relatively small, or in less than perfect condition, or located in an inconvenient portion of the parcel. By focusing on each individual tree, a heritage tree provision can allow a landowner or developer to "divide and conquer" a stand of trees, sometimes reducing a functional stand to one or two token heritage trees. Better protection of tree resources in wooded or forested areas can generally be achieved by utilizing strategies discussed under provision 32.
Permit process requirements. Permit applicants are normally required to provide the information necessary to decide if the proposed action meets the established standards for approval. Depending upon the criteria used to judge tree removal applications, this may include plot maps, data on tree size and condition, and the anticipated visual or environmental effects of removal. As a general rule, the information required should be limited to that which is needed to determine whether the permit should be granted and what mitigation (if any) should be required to offset the impacts of a permitted action. Many cities have standard forms listing the types of information to be submitted. Some communities exempt their municipal departments from the permit process, although this is not the case in the following example. Requiring city departments to meet the same requirements as private property owners assures more uniform implementation, and may provide beneficial public relations value as well.
| Any person desiring to cut,
move or remove a tree or protected tree within the city of Belmont shall
apply to the Superintendent for a permit. A permit is not required for
pruning as herein defined.
The application for the permit shall be
made on the form provided by the Superintendent for this purpose and
shall include the number, location and type(s) of the tree(s) to be
cut, moved or removed and the reason for such action. The applicant
may submit an arborist's report or other expert evidence for consideration.
The application shall be accompanied by any required fee to cover
the cost of processing as set in the current City fee schedule. Fees
shall be waived for applications made by a department of the City
of Belmont on its own behalf.
[Belmont, CA: City Code Section
25-5]
|
Many provisions that regulate tree removal during development require a report by a qualified professional on the condition of the trees. The professional may either be the city arborist or a qualified outside consultant. Because the applicant typically has a vested interest in removing trees that may conflict with development plans, a clear conflict of interest exists whenever an arborist or other consultant is retained by the applicant. The city or county can essentially eliminate such conflicts of interest by contracting for the services of any outside consultants that may be needed. The consultant is then responsible to and paid by the local government, which in turn recovers the charges from the applicant.
| The permitting authority may
also require the applicant to submit a tree condition report prepared
by a qualified tree expert selected and retained by the City. The applicant
shall reimburse the City for all costs related to the preparation of
the report.
[Example text by the authors]
|
| 1. Tree Removal Notice Required.
Except only as provided in Paragraph 10-11-4F5 of this Chapter, no Person
shall cause or undertake any activity that anticipates or involves the
actual or reasonably likely Damage or Removal of any Tree on a Lot that
has a DBH greater than or equal to 10 inches without first having (a)
been issued a valid Tree Removal Notice by the Village Forester pursuant
to the requirements of Paragraph 10-11-4F2 and Paragraph 10-11-4F3 of
this Chapter, and (b) displayed the Tree Removal Notice pursuant to
the requirements of Paragraph 10-11-4F4 of this Chapter.
2. Tree Removal Notice Application. Any Person desiring, or required to obtain, a Tree Removal Notice shall submit to the Village Forester a Tree Removal Notice Application on a form provided by the Village. 3. Action on Tree Removal Notice Application. Within 72 hours after receipt of a Tree Removal Notice Application, the Village Forester shall approve the Tree Removal Notice Application and issue a Tree Removal Notice if the Village Forester determines that all of the information required by the Tree Removal Notice Application is true and correct. The Village Forester shall not approve or issue a Tree Removal Notice, if the Village Forester determines that the proposed activity constitutes a Regulated Activity. In such event, the regulations of this Chapter applicable to Regulated Activities shall apply in lieu of the regulations of this Subsection 10-11-4F. 4. Form and Display of Tree Removal Notice. At least 48 hours immediately prior to undertaking the activity for which a Tree Removal Notice is sought, the Tree Removal Notice shall be posted on the Lot on which the proposed activity is to take place in a manner so as to be clearly and prominently visible from at least one Public Right-of-way abutting such Lot.[Lake Bluff, IL: Village Code
Section 10-11-4F]
|
| In the case of removal of any
heritage tree...the director shall not act on such an application until
a hearing is held thereon. Notice of the time and place of the hearing
shall be posted in a conspicuous place on the real property upon which
the heritage tree is located and shall be mailed to the applicant and
all owners of real property within a five hundred (500) foot radius
of the real property upon which the heritage tree is located...
[Sacramento, CA: City Code Section
45.217]
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Conditions required for approval. Trees that are nominally "preserved" in the project design process can be lethally damaged during the construction phases of a project. Trees in constructed areas can be seriously damaged by alterations in the rootzone that destroy roots directly (e.g., trenching, lowering of soil grade) or indirectly kill roots by creating adverse soil conditions (e.g., addition of fill soil, soil compaction, impermeable pavement). Many publications have described how trees are damaged in the construction process and techniques for avoiding or minimizing damage through proper planning and construction techniques (e.g., Coder 1996a,b; Harris et al 1999, Johnson 1999, Matheny and Clark 1998, Schrock 1996, Sydnor, Sydnor and Heiligmann, WFC and Morgan 1989b).
To address this issue, some tree protection ordinances include specifics on how trees are to be protected during construction. However, details of tree protection in construction sites are highly technical and subject to revision and modification based on both local experience and new research. Site-specific tree protection specifications developed by a qualified professional are likely to be more effective than general "cookbook" standards. Hence, it is preferable to set a performance standard for tree protection in the ordinance but to avoid including the actual technical specifications. The provision should authorize the tree program manager to prepare, enforce, evaluate, and revise the actual specifications for tree protection. Although some communities have developed quite extensive tree protection guidelines which are separate from the ordinance itself, even highly detailed guidelines cannot substitute for a case-by-case analysis by a qualified professional.
| ...Tree protection shall comply
with the guidelines in the Tree Protection Guide for Builders and Developers
by the Florida Division of Forestry and any other reasonable requirements
deemed appropriate by the Chief to implement this part.
[Jacksonville, FL:City Ordinance Sec.656.1207a]
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Unless a site is carefully monitored throughout the entire construction period, damage inflicted to tree roots may not be apparent. Furthermore, aboveground symptoms related to root damage may not become obvious for a number of years after the damage is done. Some communities require developers to post performance bonds for trees that are to be retained so that the developer can be held accountable for tree damage that occurs during construction. A relatively long bonding period, preferably 5 years or more, should be used so that the impacts of construction on tree health can be adequately evaluated. The fact that a retained tree is still alive is not an adequate performance standard; performance bonds should not be released if retained trees show any decline in vigor or condition. In order to document changes in tree condition, tree ratings should be made prior to construction and shortly before the end of the bonding period.
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Bonds, as required by this section, shall be in the form of letters of credit, certificates of deposit, cash bond, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the city attorney. The letters of credit and certificates of deposit shall be drawn upon banks or savings and loans legally and actually doing business in Florida. Such bonds must meet the approval of the city attorney's office. This bond shall be in addition to any other bond required by any other governmental entity. (1) Bonds shall be required for licenses involving the replacement of ten (10) or more trees, or the relocation of five (5) or more trees, or the relocation of any tree with a DBH of ten (10) inches or greater. (2) Calculation for the amount of bonds shall be computed based upon the equivalent canopy replacement criteria applied to each street to be relocated or replaced, as provided in section 26-20 and upon the cost of installation and maintenance. The fair market value of the cost of trees that would be required to compensate for the canopy to be [relocated] or replaced shall be posted. The bond period shall be for the tree replacement performance period, as stated in the license or as extended or released, plus an additional sixty (60) days. The form of security shall be reviewed by the city attorney's office for legal sufficiency and may not be accepted until approved. (3) Release of bonds: [Dania, FL:City Ordinance Sec.
26-25]
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Compensation required for approval. The highest priority for a heritage tree provision is avoiding or preventing damage to or removal of protected trees. However, adverse impacts cannot be avoided, a local government may permit tree damage or removal under the condition that the applicant mitigates for the loss or damage. Mitigation generally comes down to the four basic options as shown below.
| Mitigation method | Location |
| 1. Protect existing trees | A. On-site |
| B. Off-site | |
| 2. Plant new trees | A. On-site |
| B. Off-site |
The mitigation may be carried out directly by the applicant as a condition of approval, or the applicant may be required to pay fees to the city or county in lieu of mitigating directly. In-lieu fees normally paid into a special account used for mitigation planting or protection and the local government becomes responsible for carrying out the mitigation. Some communities refer to to the use of in-lieu fees or off-site mitigation in general as tree banking.
Mitigation may appear to be a simple process, but as with many things, the devil is in the details. We explore a number of the options and issues in a separate mitigation page. If tree loss associated with urban development or other discretionary projects is substantial, the mitigation techniques used can have far-reaching consequences on the condition and form of the community forest. Hence, the community's long-term goals for its urban forest should be considered before determining how to structure the mitigation portion of this provision.
In many ordinances, a formula or standard is provided for calculating the amount of compensation that will be required for trees that are removed or injured. If planting of new trees is the mitigation method used, several different standards are commonly used to determine the amount of replanting that may be required. Common replanting standards include:
In some instances, it may be appropriate to use the value of the removed trees, as calculated from published tree appraisal standards (e.g., Guide for Plant Appraisal) as the replacement standard.
Typically, replacement plantings are required to be composed of the same species as those removed if native species are removed. For nonnative protected tree species, replacements must usually be selected from a list of approved species (or be approved by the city or county arborist or urban forester). In general, replacements are required to have the same mature size as the trees that have been removed, although the city/county arborist should have some discretion in this area to ensure that selected trees are compatible with the planting site.
Trunk caliper (diameter) is used as the standard in the following example, and mitigation standards are more stringent for removal of native live oaks.
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(h) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, unprotected trees or transplanted trees. Protected live oaks (Quercus virginiana) removed shall be replaced only with live oaks. The total caliper inches of replacement live oaks shall equal the total caliper inches of protected live oaks removed; for other removed protected trees, the total caliper inches of replacement trees shall equal one-third the total caliper inches removed, unless otherwise approved by the Chief. When there is significant loss of mature tree canopy or specimen trees on a particular site, the size [and/or number] of replacement trees may be increased by up to twice the minimum...by the Chief in order to compensate for that loss. If multi-trunked trees are used as replacement trees, then the total caliper of the four largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. Replacement species used shall be approved by the Chief... (1) New replacement trees shall meet the minimum standards for landscape materials established by [the administrative standards]. (2) Existing trees, two inch caliper or greater, which are not protected trees but which are preserved or transplanted, except those trees located in preserve areas, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in ss. 656.1207 and 656.1213(b) and (d). [Jacksonville, FL: City Code
Section 656.1206]
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The following example uses basal area as the replacement standard, and allows for the use of in-lieu fees if all required trees cannot be planted at the applicant's site.
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(1) All protected trees removed in accordance with 903.8(1)c. through 903.8(1)h. shall be replaced in accordance with the following criteria. The replacement standards shall be listed on the permit... (2) Any tree removed without a permit must be replaced with trees (not necessarily the same species) whose total basal area equals the basal area of the tree removed. All replacement trees shall be...considered required trees as part of a required landscape plan. As many trees as possible will be replaced [on the project site]. The tree(s) must be ... maintained in good health. (3) When replacement of trees [on the project site] is not possible, the equivalent value of the tree as well as projected costs for installation and maintenance will be assessed by the Zoning Administrator and cash received from the property owner will be placed in the City of Myrtle Beach Tree Preservation Account for planting trees on public property. [Myrtle Beach, SC: Municipal
Code Section 903.10]
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The example code below lays out a number of options for mitigating tree loss, including the use of in-lieu fees. These options provide the approving authority a high degree of flexibility in selecting appropriate mitigation.
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Prior to any tree removal, the applicant shall demonstrate through a Tree Protection and Replacement Plan, Sensitive Area Mitigation Plan or other plans acceptable to the Administrator that tree replacement will meet the minimum standards of this section. (1) Replacement Required. A significant tree to be removed shall be replaced by one new tree in accordance with subsection (5)... (2) On-Site Replacement. Replacement trees shall be planted on the site from which significant trees are removed unless the Administrator accepts one or more of the alternatives set forth in subsection (3). (3) Alternatives to On-Site Replacement: When on-site replacement cannot be achieved, the Administrator may consider the following alternatives: (a) Off-Site Tree Replacement. (i) The number of replacement trees shall be the same as described in section 20D.80.20-080(1), Replacement Required. Replacement costs (material plus labor) shall be at the applicant's expense. (ii) Allowable sites for receiving off-site replacement plantings (A) City owned properties identified on...[list of maps]; (B) Other City or County-owned open space areas, native growth protection areas (NGPA), or river and stream corridors within Redmond City Limits, or lands controlled by the City; (C) Private open space which is permanently protected and maintained, such as a native growth protection area (NGPA). (iii) All trees to be replaced off-site shall meet the replacement standards of this section. (b) Tree Replacement Fee. A fee in lieu of tree replacement may be allowed, subject to approval by the Administrator after careful consideration of all other options. A tree replacement fee shall be required for each replacement tree required but not planted on the application site. (i) The amount of the fee shall be the Tree Base Fee times the number of trees necessary to satisfy the tree replacement requirements of section 20D.80.20-080. The Tree Base Fee shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration. (Ii) The fee shall be paid to the City prior to the issuance of a Tree Removal Permit. (iii) A separate account shall be established by the City for fees collected. Tree Replacement fee receipts shall be earmarked specifically for this account. Funds withdrawn from this account shall be expended only for the planting of new trees in City owned parks, open spaces or rights-of way. (c) Landscape Restoration. Where appropriate, the Administrator may consider other measures designed to mitigate the loss of trees by restoring all or parts of the forest landscape and its associated benefits. Measures may include, but are not limited to: (i) Creation of wildlife snags from trees which would otherwise be removed; (ii) Replacement of certain ornamental trees with native shrubs and groundcover; (iii) Replacement of hazardous or short-lived trees with healthy new trees more likely to survive; (iv) "Daylighting" and restoration of stream corridors with native vegetation; (v) Protection of non-significant trees to provide for the successional stages of forest development. [Redmond, WA: Municipal
Code Section 20D.80.20-080]
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Monitoring of protected trees and mitigation areas. A shortcoming that exists in almost every tree protection ordinance that we have reviewed to date is the lack of a long-term monitoring element. In general, after construction is completed or after a short bonding period (usually two years or less), no further follow-up is required for protected trees or new plantings . The city or county may have no further recourse if protected trees or replacements subsequently decline and die as a result of inadequate protection measures during construction, poor maintenance during or after the bonding period, or removal by new owners. Without continuing efforts to monitor protected trees, a community can continue to lose tree canopy over time even though many trees have nominally been protected or replaced.
We have recommended that all tree ordinances contain a provision to require that ordinance performance be assessed regularly (see provision 13). However, an additional monitoring provision may be necessary as part of the tree protection code to ensure that the applicant can be assigned a fair share of cost of monitoring long-term compliance. In-lieu fees and other permit approval fees should be sufficient to offset long-term monitoring costs. Monitoring methods are described and discussed in part 3.
| INSPECTIONS: The Village Forester
shall, on a regular basis, conduct such inspections and surveys as are
necessary to monitor the Trees in the Village and to determine the existence,
nature, and extent of violations of this Chapter. [Lake Bluff, IL: Village Code
Section 10-11-15]
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32. Conservation of forest and woodland resources during development
Purpose: To promote the conservation of functional forests and woodlands during development.
Key elements:
Relatively few local governments have implemented woodland protection provisions to date, but interest in this approach has been increasing in recent years. Some communities have attempted to use individual tree protection provisions (see provision 31) to protect woodlands, primarily by lowering the minimum diameter for tree protection. However, these tree protection provisions usually lack the necessary features noted above, and as a result, they often do not provide for satisfactory woodland or forest conservation.
The state of Maryland has one of the most progressive forest protection ordinances, the Maryland Forest Conservation Act (Natural Resources Article Section Title 5, Subtitle 16) passed in 1992. The Act requires local governments with planning and zoning authority to develop a local forest conservation ordinance and program which is at least as stringent as that spelled out in state law. This allows for a certain degree of program alteration to suit the particular needs and desires of a community. Local programs are audited every two years for compliance with the standards and requirements of the state law. Failure to comply results in administration of the local program by the Maryland Department of Natural Resources until such time as deficiencies in the local program are corrected. According to Galvin et al, in the first 5 years after its enactment, the Forest Conservation Act was responsible for 22,508 acres of forest retention and 4,314 acres of reforestation compared with 12,210 acres of forest cleared as a result of development.
Regulated lands: There are three basic a approaches that can be used in developing woodland conservation ordinances. Ordinances may use one approach or a combination of these approaches to determine what areas should be subject to conservation and reforestation or afforestation standards.
Existing forest resources. In the first approach, only lands with existing woodland or forest resources are subject to the ordinance. This approach is most applicable in areas where current forest cover is at or near historical or potential levels. Establishing the resource baseline is a potential source of problems for this approach. Unscrupulous individuals may destroy or alter much of the resource prior to development in an attempt to avoid conservation requirements that would be invoked upon application for a discretionary permit. To encourage good resource stewardship prior to development, historical aerial photos can be used to establish the forest resource baseline.
Potential forest resources. In the second approach, regulated lands include all those that have current forest cover as well as those that historically supported forests or woodlands. This approach is especially applicable in areas where current tree cover is well below former levels and the community has the goal of restoring lost or degraded woodlands and forests. In areas where the historic vegetative cover includes both forest and non-forest vegetation cover types, a delineation of potential or historical woodlands and forests should be prepared. A technical assessment of soils, historical records and photos, and local vegetation types should be conducted to establish a base map of areas that did or could support woodland or forest cover. These non-forested areas and areas with existing forest cover would then be subject to reforestation and afforestation standards. This approach allows for conservation of both existing resources and restoration of lost or degraded resources while taking into account the different capabilities of lands to support forest cover. Minimum afforestation standards could vary by area to reflect the differing capabilities of lands to support tree cover. The use of both current forest baseline data and minimum afforestation standards discourages landowners from clearing lands prior to initiating the development process.
Universal application. In the third approach, regulations apply to all lands irrespective of current forest cover. In the Maryland Forest Conservation Act, all landowners seeking to intensify land use on nonurbanized lands are responsible for a given level of woodland or forest canopy whether or not their lands are currently forested. This approach is appropriate in areas where forest canopy cover was historically fairly uniform before being cleared due to logging or clearing for agricultural use or urban development. It may also be appropriate in areas with historically low levels of forest cover if the afforestation standards are set at levels that are readily attainable for virtually any parcel. Minimum afforestation standards included in this approach can provide a disincentive to clear land prior to development.
Regardless of the approach used, existing forests and woodlands should generally be subject to higher conservation standards than potential forest land because existing forests generally have much greater ecological value than a newly planted stand. The following examples are provisions that define what is considered to be current or potential forest or woodland. Forest or woodland types of special local concern may be specifically noted in this section.
| This provision shall apply to all lands within
the jurisdiction for which approval for a discretionary project is requested
and for which any of the following conditions apply:
A. All areas with native trees and associated woody vegetation covering 10% or more of the ground surface as of (month/year), as determined from baseline aerial photography dated (date) on file with the Planning Division. B. Areas that formerly supported native trees or other woody vegetation as shown on base maps on file with the Planning Division. Areas designated as former woodlands shall include lands used for agricultural crops or pasture and urbanized areas covered by structures or pavement at the time of the aforementioned baseline aerial photography for the purposes of this ordinance. C. All areas within 100 feet of a perennial or intermittent stream as shown on base maps on file with the Planning Division. The approving authority shall be authorized to determine whether the provisions of this ordinance apply to any portion of a specific parcel. The burden of proof that the provision should not be applied to a specific parcel shall be on the property owner. [Example code by the authors]
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(k) Forest. -- (2) "Forest" includes (i) areas that have at least 100 trees per acre with at least 50% of those having a two-inch or greater diameter at 4.5 feet above the ground and larger, and (ii) forest areas that have been cut but not cleared. (3) Forest does not include orchards. [Annotated Code of Maryland Sec 5-1601] |
Regulated activities: Activities regulated through the permit process should include any that could potentially degrade the woodland. This would include activities such as clearing the understory, or altering watercourses.
| Except as provided for herein, no person
or corporation shall destroy or significantly alter any forest or woodland
through tree damage or removal, clearing, grading, tilling, burning,
application of chemicals, or any other means unless they possess a valid
Woodland Alteration Permit. No person or corporation shall be granted
a permit for subdivision, grading, building, or the construction of
any improvement on wooded or forested lands unless they possess a valid
Woodland Alteration Permit. Any alteration of wooded or forested lands
shall conform to the conditions and specifications of the Woodland Alteration
Permit.
[Example code by the authors]
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On tracts of commercial timberland, state forestry regulations may apply and often take precedence over local ordinances. In California, for example, the Forest Practice Act (California Public Resources Code Section 4511 et seq.) may apply to parcels of commercial forest land larger than three acres. As amended, this act does not allow individual counties to adopt rules or regulations that are stricter than those provided for by the act. However, counties may recommend that the State Board of Forestry adopt additional rules and regulations to account for local needs.
The Maryland Forest Conservation Act applies to any public or private subdivision plan or application for a grading or sediment control permit by any person, local government, or State government unit on areas 40,000 square feet or greater. Exceptions to the Act are specified, and include commercial timber harvesting operations and agricultural uses, as long as they satisfy certain requirements spelled out in the exemptions.
Criteria and standards for approving regulated activities. Standards for tree retention and reforestation will vary with the type of woodlands or forests involved. Canopy cover and/or stocking rates (trees per unit area) are probably the most widely applicable ways of expressing these standards. In general, any type of development will result in more canopy loss on parcels with high levels of canopy cover than on parcels with low canopy cover. Therefore, it may be desirable to establish standards for canopy retention that vary with the baseline level of canopy. Foresters or other resource professionals familiar with local conditions should be consulted to help establish meaningful and appropriate standards.
The canopy cover baseline can be used to set both retention and reforestation standards. Parcels showing an increase in tree cover beyond the baseline could be allowed greater flexibility when developed. Parcels showing a loss in tree cover could be required to restock the woodland to acceptable levels before development could occur. This strategy helps to provide a strong disincentive for clearing prior to development. Property owners would protect their future options best by maintaining or increasing tree cover on their lands.
In the first example below, viable stands of trees are given priority over individual trees. However, protection for individual trees of special concern could also be obtained through provisions of a landmark tree provision (provision 31). If properly constructed, tree protection and woodland conservation provisions can complement each other to provide for more complete management of existing tree resources.
| Canopy retention standards. The following
table shall be used to determine the minimum amounts of woodland canopy
that must be retained during development on wooded lands:
Canopy retention standard shall be the greater
of Column A or Column B:
Example: For 50% baseline canopy, the minimum allowable canopy after development would be the greater of Column A, (.85 x 50% = 42.5% canopy) or Column B, (36% canopy). In this case the minimum allowable canopy after development would be 42.5%. Retention standards shall be applied to retain stands of trees and undisturbed woodlands in priority over individual specimen trees which will be incorporated into the development. No more than 10% of the canopy retention standard may be met by individual trees not included within designated woodlands. Reforestation standards. In areas where tree removal, clearing, fire, or any other intentional or accidental canopy reduction has resulted in canopy levels below the baseline level, the standard for reforestation shall be set at 100% of baseline levels, except that no reforestation standard shall exceed 85% nor be less than 15% canopy cover. [Example code by the authors]
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In the preceding example, two standards (Columns A and B) are used to provide a smooth transition between the required retention levels. For example, the top baseline canopy class (80-100% canopy) requires 75% retention of existing canopy, the second baseline canopy class (60-79% canopy) has a slightly higher retention standard of 80%. With these ranges, a potential problem arises when the low end of one canopy class is compared to the high end of the adjacent class. The retention standard according to Column A for 80% baseline canopy is 60% canopy cover (.75 x 80%), but the standard for 79% baseline canopy (the next lower class) would be greater at 63% canopy cover (.8 x 79%). When Column B is used, this inconsistency doesn't arise and the percent canopy cover retained steps down as you drop in baseline canopy cover between classes (80% baseline = 65% canopy cover retained, 79% baseline = 63% canopy cover retained).
The Maryland Forest Conservation Act and local ordinances based on it establish standards for both retention of existing forests and for the afforestation or reforestation of lands in connection with development and certain other land use changes. For both situations, canopy cover standards vary by the land use classification rather than preexisting levels of canopy cover. The example code below establishes forest conservation thresholds by land use category. If tree removal exceeds the set threshold levels, more stringent mitigation requirements apply. This serves to provide an incentive to project planners to conserve canopy cover to at least the threshold level.
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A. There is a forest conservation threshold established for all land use categories, as provided in Subsection B... The forest conservation threshold [is] the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of 2 acres planted for each acre removed below the threshold. B. After reasonable efforts to minimize cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan...the forest conservation plan shall provide for reforestation, purchase of credits from a forest mitigation bank, or payment into the forest conservation fund according to ... the following forest conservation thresholds for the applicable land use category: |
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| Category of Use | Threshold Percentage |
| (1) Agricultural and resource areas | 50 percent; |
| (2) Medium density residential areas | 25 percent; |
| (3) Institutional development areas | 20 percent; |
| (4) High density residential areas | 20 percent; |
| (5) Mixed use and planned unit development areas | 15 percent; |
| (6) Commercial and industrial use areas | 15 percent. |
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[Annotated Code of Maryland
08.19.03.01 Article VIII. Sec. 8.1]
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Under this system, a parcel being developed for commercial use with 100% forest cover could remove 85% of the existing canopy cover (15% canopy cover remaining) and would remain above the threshold. In contrast, a parcel with only 20% forest cover could remove no more than one quarter of the existing cover to remain above the threshold of 15% canopy cover. Reforestation requirements would apply to both parcels. In this hypothetical example, if we assume both parcels to be 100 acres, the reforestation requirement would be 21.25 acres for the fully canopied site (1/4 x 85 acres of forest removed) compared to 1.25 acres for the site with 20% forest cover (1/4 x 5 acres of forest removed).
If areas with high levels of canopy cover or other sensitive resource areas are to be protected adequately, additional restrictions or modifications of the threshold limits may be imposed in certain areas. In the example below, different woodland or forest clearing threshold values apply in "limited development areas" and "resource conservation areas".
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...c) For the alteration of forest and developed woodland in limited development areas and resource conservation areas, the following criteria shall be met: (1) (i) Up to 20% of any forest or developed
woodland may be cleared for development provided it is replaced
on at least an equal area basis; (4) replanted or afforested areas shall be maintained as forest cover through easements, restrictive covenants, or similar protective instruments; ... [Anne Arundel County, MD;
Ord 66-99 section 2-314.]
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On a more local scale, higher retention or reforestation standards may be applied to sensitive areas or critical resource areas within a parcel. Areas such as floodplains, streams and associated buffer areas, steep slopes or other highly erodible areas, and critical wildlife habitats may be slated for higher levels of protection than is provided for other forested areas.
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(c) Priority for retention and protection.- The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority that reasonable efforts have been made to protect them and the plan cannot reasonably be altered: (1) Trees, shrubs, and plants located in sensitive areas including 100-year floodplains, intermittent and perennial streams and their buffers, coastal bays and their buffers, steep slopes, and critical habitats;(2) contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site, (3) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department; (4) Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, state, or local Champion Tree; and (5)Trees having a diameter measured at 4.5 ft above the ground of (i) 30 inches; or (ii) 75% of the diameter, measured 4.5 ft above the ground, of the current State Champion Tree of the species as designated by the department. [Annotated Code of Maryland Sec 5-1607] |
Afforestation standards are set by the Maryland Forest Conservation Act and local ordinances based on it. Parcels that have less than the set minimum amount forest cover must be afforested to minimum levels if they are developed. Landowners that plan to develop in the future have an incentive to establish tree canopy on portions of their property that would not be affected by a future development. Section (d) in the example below provides an additional disincentive for "preemptive" clearing.
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(a) The amount of afforestation required
under this subtitle shall be determined according to the amount
of existing forest cover as provided in this section. (b) A site that has less than 20% of
its net tract area in existing forest cover shall be afforested
up to at least 20% of the net tract area for: (c) A site that has less than 15% of
its net tract area in existing forest cover shall be afforested
up to at least 15% of the net tract area for: (d) If existing forest cover is cut or cleared on a site that is below the afforestation levels set forth in this section, the site shall be reforested at a ratio of two acres planted for every acre cut or cleared, and this reforestation shall be in addition to the afforestation required by this section. [Anne Arundel county, MD;
Ord 66-99 section 2-304.6]
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In the example below, standards for approving regulated activities include provisions related to stand regeneration. Such standards may be necessary in areas where native tree species are not regenerating well under current stand management conditions.
| Removal of oak trees in the areas outside
of the North County Area Plan, ... shall be allowed only if the following
purposes and standards are satisfied...
B. Standards: 1. The current Best Management Practices as promulgated by the University of California... shall be followed to maintain and promote regeneration of oak trees. 2. A representative sample of sizes, ages and species of oaks shall be retained with special emphasis placed on retaining saplings. .... [Monterey County, CA: Code
Section 16.60.050B]
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Permit process requirements, conditions and mitigation required. Permit applicants are normally required to provide the information necessary to decide if the proposed action meets the established standards for approval. This section should clearly indicate the general classes of information to be submitted with the permit application. The community forester or approving authority should be authorized to prescribe the specifics of the type and format of required information. Types of information that might be requested include baseline information on the status of the resource before development, and information on the proposed changes and their expected impacts. This should include data on all components of the woodland, including tree resources, understory vegetation, wildlife, soils, and hydrology. </