SUMMARY ARTICLE X

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Landscape and Tree Preservation Regulations - Section 51A-10.130 (Article X)

Generally, during property development and construction, most tree species are considered ‘protected’ if they are not on the list of trees not protected in the definitions of Article X, Section 51A-10.101. Protected trees may only be removed with the authorization of a tree removal permit. This applies to living trees.

Protections

Article X sets specific standards for how trees are to be protected during construction or other disturbances under Section 51A-10.10.136. Article X does not require trees to be preserved, but if the owner believes that they wish to preserve the trees, the owner is responsible for assuring that all measures are taken to help minimize the potential damages from construction to any part of the structure of a tree, including the roots, the main stem and the canopy.

Removal

Protected trees that are removed are required to be replaced by one or more methods available by city ordinance. Non-protected trees of any size may be removed without any penalty or call for replacement. Any responsible party who removes a protected tree is committing a criminal violation (Section 51A-10.140(a)) and is subject to possible penalties, fines or prosecution.

Tree Replacement

There are several ways to “mitigate” —or replace—for the removal of a protected tree. The property owner must plant replacement trees onto the removal property unless, ‘due to inhospitable soil conditions or inadequate space, it would be impracticable or imprudent’ to plant the tree onto the property. Then, the owner may replace trees by donating trees to the Park Department (if amenable to accepting them), or by planting within one mile of the removal property. Alternatively, the owner may mitigate by the donation of a wooded land area as a conservation easement, or by paying a calculated amount into the special Reforestation Fund.

All trees to be planted for mitigation must be selected from the ‘approved replacement tree list’ found in the Article X Section 51A-10.134. The replacement trees may not be planted in a visibility triangle, a water course or a street or alley.

The City Arborist Office is responsible for enforcing the Tree and Landscape Ordinance and has expanded information about Article X on its website.

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