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LASN Licensure June 200606-02-06 | News



Tree Ordinances?EUR??,,??Protecting Trees According To Law.

By Buck Abbey, ASLA

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A filling station Tree Planting Plan such as this one is in accordance with the Collier County, Florida Government Tree Regulations, which requires extensive landscape elements for commercial sites?EUR??,,??a growing trend? Photo Courtesy Collier County, Government.

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The first tree ordinances were enacted to protect trees on public land. Public trees along streets, in parks and on public grounds were often neglected by the owner and even more often abused by the general public and adjacent landowners. Contractors and builders doing work near trees often failed to see how their actions were damaging roots, trunk and crown. In the 1930?EUR??,,??s as the Dutch elm disease was spreading westward, leaving dead and dying trees in its wake, communities adopted basic tree ordinances to look after urban trees.

During the 1950?EUR??,,??s, it became common for communities of all sizes to employ a town arborist or tree warden who would look after public trees, assist residents and inform industry and general public about the newest science of tree biology. Town arborists and their maintenance crews?EUR??,,?? prime duty was to treat trees to make them healthy, remove trees that were dangerous and replant trees according to a tree plan.

The often quoted Municipal Tree Manual written by Hoefer, Himelick and DeVoto, and published by the International Society of Arboriculture in 1972 set forth a standardized outline for all municipal tree ordinances to follow.

A well respected contemporary tree ordinance model in use today has been prepared by the Georgia Forestry Commission. This tree ordinance framework, developed in 2004, adds new sections not used in the 1972 model. For instance, this code contains provisions that add requirements for private land owners as well as suggested arboricultural specifications and increased penalties for violators reflective of societies concern for trees.

Ashland, Oregon for instance can assess a violator of their tree ordinance a fine, an enforcement fee and a restoration fee for each tree removed without a tree removal permit. The restoration fee is based upon total caliper inches removed and any money assessed by the court will be placed directly into the city?EUR??,,??s tree account. In addition, the court may issue an injunction against the violator that will cause all work at the project site to cease. Further, the court can require that the violator engage a consulting arborist to determine the type and extent of damages caused and appropriate remedies. The violator shall pay this cost of the investigation, analysis and report. In Boise, Idaho violators of the tree ordinance are fined three hundred dollars and may be jailed for up to six months. In addition, criminal penalties may be imposed by the city as well as restitution for actual damages. In Santa Cruz, California the basic fine for removing a ?EUR??,,??heritage tree or shrub?EUR??,,?? is five hundred dollars for the first offence. This amount can be increased in doubling increments for repeat offenders that can include the property owner or the agent that actually does the work. In Naperville, Illinois the Chief Building Official has the authority to suspend all permits if any tree over four inches is removed without a tree removal permit or if any part of their local tree preservation requirements are violated.

In Mansfield, Texas, their Natural Resources Management Ordinance simply requires that a sufficient number of replacement trees be replanted to equal or exceed the total diameter inches removed. This is the classic ?EUR??,,??inch for an inch?EUR??,,?? replacement method used by many communities to repopulate their urban forest. But in Mansfield, the city can also assess fines of one hundred dollars per caliper inch. This means that if a contractor removed 150 caliper inches, a common amount for many wooded building lots they could be fined fifteen thousand dollars.

Recent tree laws have improved upon the old tree ordinance models. Today they are more rigorously enforced. Communities at public urging have started to enact stiffer standards for tree preservation and habitat protection.

Provisions within the newest tree laws now deal with ineffective planting; poor pruning practices and illegal take downs that collectively might be referred to as tree abuse or even tree malpractice if licensed arborist?EUR??,,??s are engaged in such habits.






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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