Regulating Removal of Private Trees

Edited by Len Phillips

Commonly called a private tree bylaw, this regulation is intended to encourage awareness of trees, best practices for regulating removals, and encouraging replacement trees with cultivars of native species approximating the size and character of the trees being removed. This draft regulation has taken the essence from many community regulations and combined them into a single document that indicates the minimum requirements a private tree regulation should contain. Users of this regulation must modify it to reflect their individual community and its attitude toward urban trees..

Pros and Cons

For the regulation to pass through all the various municipal agencies before it becomes a bylaw, the community must have a robust desire to regulate public as well as privately owned trees. In addition, the effort to develop and approve this bylaw, must be done in cooperation with other municipal regulations and departments in order to obtain a community-wide vote of approval.

SAMPLE REGULATION

What follows is a sample regulation that provides the most important features to consider in a permit to remove trees on private property. It is suggested that the sources to this article, listed at the end, be reviewed for additional information and items that might be useful to include.

Permit Requirement

A permit is required to remove, cut down, or in any other way injure a tree with a diameter of __ inches (suggest 8 in.) (20 cm) or the approximate thickness of a telephone pole) or larger on private property. The tree diameter measurement must be taken at 4.5 feet (1.4 m) (approximately at chest height) above ground level. It applies to trees on all land use types including, single family and other residential properties. (Note – tree size and blank spaces __ may vary according to local preference). Up to two trees per year may be removed from a property with an approved permit.

Permit applications and instructions are available at the __ (Arborist’s) office and on the community's website.

Permit Exemptions

A tree that is dead, downed, terminally diseased or imminently hazardous does not require a permit, however the applicant must send a detailed report and receive approval from the community's arborist before proceeding with any tree work. A permit is not required for routine pruning or trimming of a tree to maintain its health and natural habit.

Application for a Permit

The following items must be submitted with all permit applications:

1. a completed and dated Permit Application form that describes each tree.

2. a completed Owner's Authorization form - if the owner has not signed the Permit Application

3. a detailed Arborist Report that may be the same as item #1.

4. provide a map of the property with tree(s) clearly indicated and numbered on the map.

5. a Landscape/Replanting Plan - this may be prepared by the homeowner or a professional arborist or a landscape architect.

6. Tree Protection Plan (as applicable) to protect trees that are not being removed.

7. Site Plans - for applications which involve building construction, existing trees must be accurately plotted on the Site Plan. Replacement trees must also be located on the Plan.

8. The Permit Application Fee is $__ per tree to be removed.

9. The application and fees must be presented at the __ office.

10. You may not proceed with the removal of the tree(s) until you have received a permit of approval to proceed.

Permit Process

Once an application has been filed, the Arborist will perform a site visit to inspect the tree(s). If the Arborist determines that the tree is healthy, there will be a public hearing date set up for comments about the proposed tree removal. There is an additional requirement for the applicant to post a sign on each tree being removed, for a two week period prior to the public hearing on the removal. This sign is intended to notify the neighborhood and invite comments and attendance at a public hearing to be held for the discussion of the tree removals. Some communities will require newspaper legal notices of the public hearing. In these cases, the applicant is required to pay the advertising costs.

Any and all comments are collected for the purpose of providing them to the Arborist. In the event of a permit denial, these comments shall be submitted by the arborist to the community's council who will oversee the appeal. The applicant, along with interested parties are allowed to address community's council when the appeal is being considered.

Permits of approval for the tree removal should be posted on the property in plain sight for up to 3 days before cutting occurs. Permits are valid for 90 days.

Appeal of Permit Denial

Appeal requests are lodged with the Arborist's office. The Arborist makes the arrangements for appeal, including preparing a report for community's council and informing the applicant of the meeting schedule.

Fines for illegal tree removal

A person convicted of illegal tree removal is subject to a minimum fine of $__ and a maximum fine of $__ per tree involved in an offense.

Fees

The following fees will be determined by the local community:

1. Non-Construction-related permit applications: fee per tree (with no maximum). $__

2. Construction-related permit applications: fee per tree (with no maximum and usually higher than the non-construction permit). $__

3. Permit application fees are non-refundable and payable at the time of initial application. Costs for advertising an appeal, if necessary, is to be paid by the applicant.

4. Completing and submitting a permit application for tree injury or destruction does not guarantee that a permit will be granted.

Note: Payment must be in the form of a certified check, bank draft, or a debit or credit card (MasterCard or VISA).

Street trees

Some trees, typically within 10 feet of a roadway, may actually be on public property and shall not be remove except by the community arborist. However, homeowners may request the tree in question be “condemned” by the arborist who will perform a site inspection to determine if it is a public shade tree or not, and whether removal is needed.

Emergency Removals

There are several ways to deal with emergency situations. An emergency permit request can be filed with the arborist. The arborist will have 24 hours (one working day) to perform a site inspection. If approved, the Arborist will contact the land owner directly to determine a course of action.

Alternatively, if a private tree has fallen or is in immediate danger of falling onto a building, or utility line or onto the ground, it may be removed without waiting for a permit approval. In this case, the homeowner must still file for a permit post-fact, within 5 days of the emergency tree removal. There is still a $___fee per tree when applying, and please indicate on the application that it was an emergency removal. The applicant must provide photo documentation of the tree. An arborist report will also be required if the tree has not fallen but was removed in order to determination whether or not the tree is considered a "danger tree."

SAMPLE APPLICATION

1. Date

2. Property Address

3. Is this property part of any historic or other special district?

4. Has this property been purchased or the title transferred in the past 18 months?

5. Is this property for sale now?

6. Contact information of property owner: Phone number, Email

7. Reason for tree removal:

    a. Tree is dead, per qualified professional assessment.

    b. Tree is diseased, per qualified professional assessment.

    c. Tree has been determined to be hazardous by a qualified professional.

8. Qualified tree care professional's information:

Name

Phone Number

Email

Certification Number

Description of tree(s) by homeowner or qualified professional: DBH, Species, Location of Tree on Property, Reason for Removal

9. Planting __ new trees to meet the no net loss canopy requirement

Sources

• City of Decatur, GA has a 15 page ordinance
• Irvington, NY tree Commission For the entire 10-page Irvington bylaw click here
• City of Toronto, ON Municipal Code click here
• Tree Preservation Ordinance click here