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LASN Licensure July 200606-28-06 | News



Tree Ordinances?EUR??,,????'??? Recent News Concerning Tree Laws

By Buck Abbey, ASLA

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Preserved side and rear buffer groves are in accordance with the Mandeville, Louisiana Government Landscape Code, which requires tree preservation, the retention of natural buffer and does not allow clearing the site from property line to property line.


Removing trees without a permit can be costly. Recent tree law cases around the country point to more stringent regulation for trees and tree protection. The general public, through stepped up laws and acts and vigorous enforcement, are putting increased regulations on trees and property owner?EUR??,,????'???s rights to remove them, abuse them or neglect them. Public tree care is coming of age. It is almost to the point where trees have rights, as indeed they do. The rights are prescribed in local tree laws.

In Covington, Louisiana, local police issued a contractor a stop work order. This was after the contractor illegally clear cut a building site and removed all trees. The local landscape code requires tree preservation and the retention of natural buffer and does not allow clearing the site from property line to property line. A tree removal permit is required to do this. The contractor removed protected trees in an illegal manner according to local tree removal regulations. Protected trees within side and rear landscape buffers must be preserved and cannot be removed.

The developer, unaware of the violation has landed in court where fines are pending. He may also face the rigor of re-filing his development plans to the city Planning and Zoning Commission and City Council for reauthorization of a development permit. Community residents incensed about removal of trees and illegal tree removals recently strengthened the tree law.

Meanwhile, at a nearby location, the owner of a public marina was found in violation of the local tree ordinance by removing three protected live oaks. The tree law provides a remedy however so the marina owner has settled his bad deed out of court with a $12,000.00 fine payable to the city. The settlement agreement was based upon a fine of $500.00 a day and a calculated value for replacing the trees. This community requires that for every six inches of illegally removed trees, two inches of trees must be replanted. The fine was based upon the cost of replanting the trees. Since the property owner did not want to replant on his property, he settled by paying the fine which will allow the city to mitigate the illegally removed trees at some other location in the community.

Ignorance of a local tree law recently landed a Georgia man in court. A builder constructing a new home was found guilty of violation of the Sandy Spring, Georgia tree ordinance. The violator was accused of damaging the roots of two large oak trees and was fined almost $1,300.00, and forced to pay restitution of $9,000.00. In addition the contractor was required to place over $32,000.00 in escrow to ensure that the damaged trees do not die within the next two years. If they do, he loses the money. The defendant chose to pay the monetary damages to the court rather than argue the provisions of the tree ordinance before the judge. The good news if any, the judge suspended the jail time that this man could have received for abusing trees. The City of Sandy Springs has fifteen code enforcement officers that enforce the tree code of this city near Atlanta. Trees are better protected here than ever before.

In some communities today, tough tree laws set standards for proper pruning practices as well. Violators who abuse trees can face the wrath of a riled public and be held accountable to meet the prescribed remedies allowed by law.

Compensatory payments as a form of mitigation for tree abuse are a very common remedy that seems to be gaining in popularity across the country.






D.G. ?EUR??,,????'??Buck?EUR??,,????'?? Abbey, Associate Professor of Landscape Architecture at Louisiana State University, is LASN?EUR??,,????'???s Associate Editor for Legislation.



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