NR 2350 - Tree Ordinances

What is an ordinance?

• Piece of legislation enacted by a municipal authority

• An authoritative order; decree

• An ordinance is passed to enact regulations of a general and permanent nature

What makes a good ordinance?

• Clear, concise writing

• Use of mandatory language (shall, must, etc.)

• Be accurate

• Do not contradict other laws

  • Municipal, state, or federal

Do’s and Don’ts of writing a clear ordinance

• Be able to explain the need

• Make sure you have the authority

  • Does it conform to state and federal law?

• Discuss the draft

  • With others in municipality and the public

• Use a check list

• Proofread and proofread again

• Keep good records

• Be enforceable

What do tree ordinaces provide?

Tree ordinances provide the authorization and standards for tree management activities within a town or city

• Local tree management activites are conducted for the general welfare or “public good” within the legal framework of a tree ordinance

3 Different types of tree ordinances from ISA (International Society of Arboriculture)

1. Street Tree Ordinances

2. Tree Protection Ordinances

3. View Ordinances

Street Tree Ordinances

• Street tree ordinances regulate the management of trees within public rights of way

• They usually govern the maintenance or removal of private trees that pose a hazard to the traveling public - either driving or walking

• Often these ordinances include minimum clearance requirements for trees (public or private) that line public sidewalks and streets

• Also included:

  • Tree planting provisions that can ensure that there will be trees planted in new developments

  • These provisions can specify minimum tree densities (e.g. # of trees per street mile) or canopy standards (e.g. amount of canopy cover or shading to be provided within a set period of years)

• As well as:

  • Parking lot shading provisions - requiring a certain # of trees be planted per parking space installed in a new parking lot

Tree Protection Ordinances

• Tree protection ordinances provide protection for native trees or trees with historical significance in the community

• They usually require a permit be obtained before trees protected within the ordinance can be removed, encroached upon, or in some cases, pruned

• These ordinances can also provide authority to condemn private trees affected by insects or a disease that spread easily

• Example:

  • Fort Collins, Colorado, gives the city forester authority to condemn trees infected by the Spruce Ips. beetle to contain the beetle’s damage and preserve the remaining spruce trees in the city

View Ordinances

• View ordinances are designed to help resolve conflicts between property owners that result when trees block views or sunlight

  • Increasingly crucial for more solar panels

• Some cities or towns that have desirable vistas have adopted view ordinances

• These laws protect property owners from having their view obstructed by growing trees

What is needed for success?

• Official overseeing the implementation of ordinances

  • City/county arborist

  • City/county forester

  • City/county warden

• Public support

• Authority to police and impart punishment

• Tree commission

Ordinances dealing with undesirable vegetation

• Traffic safety

  • Street tree ordinances

• Structural integrity of sidewalks and curbs

  • Street tree ordinances

• Drainage systems

• Property damage

• Attractive nuisance

  • Insects and pests

    • Ex: Ips spruce beetle

• Electric and communication systems

• Energy influence

• Tree removal

  • Ex: could require a certain # of trees be replanted for each tree removed

A Lawsuit

• Marin County

• Rony has 2 towering Monterey cypress trees that she has professionally maintained

• She sued her neighbor Costa

• Costa wanted an outdoor pizza oven and hired a day laborer to cut branches extending into that area

  • Side note: Most ordinances allow for a provision that you can cut branches that are encroaching onto your property - but almost always contain a provision that you cannot do so with the detrimental harm of the tree

• Cuts were not “professional quality” and testimony at trial concluded they damaged the health of the tree

Outcome of Lawsuit

• Trial found Costa liable for the day laborers work and found the damage of the tree to be $7,530

• Court also awarded $15,000 for the detriment suffered to Rony

  • Emotional distress

• Amount was then doubled under statutory double-damages provision in CA law

• Amount awarded for damaging a tree:

  • $45,060

An example: Bremerton, WA

• It is the policy of the City of Bremerton to regulate and control planting, removal, maintenance, and protection of trees and shrubs on public areas of the City to eliminate a guard against dangerous conditions which may result in injury to persons using public areas of the City

• To promote and enhance the beauty of the City

• To prevent damage to any overhead or undergound utilities, street, sidewalk, or other public property

• To protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance practices

• To guard all trees and shrubs on public areas against the spread of disease and pests

• To increase public awareness of tree benefits and proper planting and maintenance practices through education

• Private tree owners:

  • Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owners, or for which responsibility has been assumed by the owner through a recorded agreement with the City

  • Private property owners may prune or remove municipal trees adjacent to their property after approval is received from the City Arborist

  • If approval is denied, the tree shall become the City’s responsibility and shall be inventoried as such by the Parks and Recreation Department

    • In city of Bremerton, WA, urban foresty falls under the P&R Dept.

  • Property owners and/or occupants are responsible for notifying Engineering in the case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken

• Private groups may arrange for the planting or maintenance of areas of municipal trees under the authorization of Parks and Recreation Department

• Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any trees or shrub; permit any animal under his or her control to do so

• Permit any fire to injure any portion of any tree or shrub

• Permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub

• No person shall fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or shrub without obtaining permission from the P&R Dept., except in emergencies such as storms or accidents

• Public utility work affecting trees or shrubs on public areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and profesional manner

  • The utility shall notify the P&R Dept. of any plans for maintenance on public areas and consult with the P&R Dept. should any trees need to be toppped or removed so that they must suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum

• A Master Urban Tree Plan shall be developed by the P&R Dept. for park and municipal trees and approved by Council resolution

Planting Ordinances

• All trees will be not less than one and one-half (1-1/2) inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN)

• Soil amendments, in accordance with the Stormwater Manual in BMC 15.04.020, shall be provided in all planting areas prior to planting

• No tree or shrub will be planted closer than two (2) feet from the carbine or ten (10) feet from the driveway or alley

• Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be minimum of four (4) feet in diameter so as to allow the natural percolation of water

  • Paver blocks, cobblestones, or tree grates or other permable surfaces will be used to fill the sidewalk cuts around trees

Tree Pruning

• All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet

• All dead wood, stubs, broken branches, badly formed branches, diseases branches, and branches interfering with public travel, lighting, existing buildings, and traffic signs, shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub

Tree Removal

• All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner

• The stump shall be ground out to a depth suitable for future planting of trees or turf

• When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits

• No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual