Tree Ordinances As Public Policy

By Buck Abbey, ASLA, LASN associate editor for Ordinances

 

Per the Alpharetta Ga. tree ordinance (Sec. 19-27 Minimum tree density requirements): All sites within the city other than single-family residential lots shall maintain a minimum tree density of 20 units per acre.

It is hereby declared as a matter of public policy that the protection, preservation, planting and care of trees is required in the interest of public safety and general welfare of the people.?EUR??,,????'??+Sample Public Policy Clause

Communities that have enacted tree and landscape laws are concerned about nature in the city and have taken action through the adoption of a municipal ordinance. Municipal ordinances comprise the ?EUR??,,????'??police power of zoning,?EUR??,,????'?? and allow communities to regulate most civic affairs, especially zoning and land development.

Public Policy Toward Trees

What constitutes public policy as contained within a community?EUR??,,????'???s tree law? This is the question that must be asked before tree ordinances can be properly crafted. The following will give you a good idea of what should be included in a community tree law.

The Dalton, Ga. tree law provides for the creation of a public tree board and gives it powers and duties. Alpharetta does the same thing, but also provides a set of bylaws to organize the tree board. This parking lot is in Alpharetta, Ga.

Crafting a Tree Ordinance

A typical tree ordinance consists of articles, sections and subsections that do several things to express public policy toward trees.

The first step is to define why a public tree policy is important and why a community needs such policy. This in code language is the intent of the law, a necessary part of any public action. Secondly, the tree ordinance should provide the standards by which the community will be held to the policy. Finally a good community tree ordinance should set forth the administrative procedures, including enforcement methods by which the policy can be effectively administered to carry out the intent of the ordinance. A typical tree ordinance, such as the one from Dalton, Georgia (Chapter 122, Sections 122-26 to 122.32) might be used as reference to what a reasonable tree law might provide.

A Dalton-type tree ordinance will provide the title, purpose and intent of the law and provide technical definitions for its proper interpretation. In addition, it is clearly within the context of the law to state potential conflicts with other laws and severability provisions. This is important, should a constitutional condition arise, because of the language of the law. Severability allows any parts of the law in conflict to be set aside from the ordinance without the entire ordinance becoming null and void.

Secondly, a well-written tree ordinance will set forth technical standards that should be followed to fulfill public policy about its urban trees, both public and private. Technical standards should be provided for tree surveys, tree protection procedures, tree preservation strategies, planting and removal. This is the heart of a community tree law?EUR??,,????'??+how to protect, preserve and replant trees.

But there are other technical provisions that could be written into the policy. Included might be provisions for landmark trees, pruning, topping and arboricultural service licensing. It would be good to provide specifications for design, planting, pruning, removal and tree care. In addition, an ordinance such as the one in Dalton provides technical criteria for roads, utilities, hazards, disease, and tree injury and damage violations. The tree ordinance from nearby Alpharetta, Georgia provides a few other standards that should be considered.

An Alpharetta type ordinance will set forth a sound administrative structure for the tree ordinance. Articles that might normally be found include enforcement that would revolve around permits, inspections, plan review, violations, penalty and appeal. It is important that emergency tree service situations be addressed in hurricane prone states and within states subject to ice storms, tornados and other severe weather.

Subsequently, administrative procedures are only as good as the people involved with public policy. The Dalton, Georgia tree law provides for the creation of a public tree board and gives it powers and duties. Alpharetta does the same thing, but also provides a set of bylaws to organize the tree board. Sadly, the bylaws fall short of requiring a position of community arborist or landscape architect be created to administer the law. Some ordinances are written in which this person is the city?EUR??,,????'???s contact on all issues involving trees and is in charge of a city tree or landscape crew. In addition, it is often in the job description of this administrator to work with the public, provide educational services and assist local officials with all problems and complaints regarding trees.

Harmonized Green Laws

Ultimately one final thought about public tree policy. It is essential that public tree law be contained within the community landscape code. This puts trees into the zoning ordinance where the real police power lies in every local village town or city. The landscape code is largely about replanting and rebuilding the urban forest?EUR??,,????'??+buffers, site open space, parking lots, screening, on-site storm water management and site clearing. It is logical that the two prime community green laws be kept together.

Alpharetta Ga. Tree Ordinance (excerpts)

Sec. 19-22

The city deems it necessary and desirable in the interest of public health, safety and welfare to enact an ordinance for the conservation, planting and replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property. The importance of trees is recognized for their shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of all real property, and their contribution to the general well being and quality of life of the citizens of Alpharetta.

Sec. 19-27. Minimum tree density requirements.

(d) Developers shall receive a density credit of two times the assigned unit value for each specimen tree saved by utilizing an alternate design. Specimen trees that cannot be saved must be replaced with trees having a total density equal to three times the unit value of the tree removed with a minimum four-inch tree caliper. Specimen trees removed without prior approval shall be replaced with trees equal to eight times the unit value with a minimum four-inch tree caliper.

Sec. 19-32. Tree protection.

(b) Prior to commencement of any grading, construction or tree removal, a tree protection area for any tree located within 25 feet or within the tree?EUR??,,????'???s critical root zone, which ever is greater, of any proposed grading, construction or tree removal must be established by physical barriers and maintained until such work is completed.

Sec. 19-31. Tree conservation standards.

a. Active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material placed at the edge of the critical root zone. In addition to fencing, where tree trunks are in jeopardy of being damaged by equipment, the administrator shall require 2-inch by 4-inch boards to be strapped around the trunks of trees. In addition, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with blue colored water-based paint.

Sec. 19-34. Tree replanting standards.

(a) Unless otherwise approved by the administrator, trees selected for replanting must be on the tree planting list. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Transplanting Manual or similar publication. Reference the American Association of Nurserymen publication American Standard for Nursery Stock (ANSI Z60, 1973) for plant material quality specifications. Reference the Manual of Woody Landscape Plants (Michael Dirr, 1983, Castle Books) or similar publication for information on tree species site requirements.

(c) All replanted overstory trees shall be at least six feet tall and have a trunk of not less than two caliper inches. All replanted understory trees shall be at least four feet tall or have a trunk not less than one caliper inch. Sufficient growing area for planted trees must be observed:

Overstory trees?EUR??,,????'??+200 sq. ft. of pervious root zone

Understory trees?EUR??,,????'??+75 sq. ft. of pervious root zone

However, up to 30 percent of the root zone may be in a semi-pervious area.

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