Author Archives: steve zemke

`Washington State Legislative Bills affecting trees and urban forests

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Washington Legislative Bills Affecting Trees and Housing Week Jan 18 – 22, 2024

Basic information on Legislative information links courtesy of Ruth Williams:

Legislature home page: https://leg.wa.gov/Pages/default.aspx

Bills home page: https://app.leg.wa.gov/billinfo/

House home page: https://leg.wa.gov/House/Pages/default.aspx

Senate home page: https://leg.wa.gov/Senate/Pages/default.aspx

Legislative committees home page: https://leg.wa.gov/legislature/Pages/CommitteeListing.aspx

Comment on a bill: https://leg.wa.gov/legislature/Pages/BillCommentsHelp.aspx

Search & Tracking Tools

Bills By Topic Find bills by subject as organized in the Topical Index prepared by the Code Reviser’s Office.
Past biennial: 2021-22, 2019-20, 2017-18

Bill Tracking Create personalized lists of bills you wish to track through the 2023-24 legislative process.

Search (Documents) Search documents from the current year, back to 1985 and current web pages using search criteria & term

Click on the bill links for more information, including bill text and summary of bills.

Bills in action this week: Jan 18 -22, 2024

HB 2321 – Modifying middle housing requirements and the definitions of transit stops

Monday Jan 22 Scheduled for public hearing in the House Committee on Housing at 1:30 PM (Subject to change). (Committee Materials)

Thursday Jan 25 Scheduled for executive session in the House Committee on Housing at 8:00 AM (Subject to change). (Committee Materials)

Sign in to comment and /or testify on this bill. To testify you must sign up by 12:30 – one hour before the hearing starts. You can comment on the bill up to 24 hours after the hearing starts. This bill is a revision of HB 1110

emails – housing Committee members – strom.peterson@leg.wa.gov, emily.alvarado@leg.wa.gov, mari.leavitt@leg.wa.gov,

jessica.bateman@leg.wa.gov, frank.chopp@leg.wa.gov,

debra.entenman@leg.wa.gov, julia.reed@leg.wa.gov,

mark.klicker@leg.wa.gov, april.connors@leg.wa.gov,

andrew.barkis@leg.wa.gov, spencer.hutchins@leg.wa.gov, sam.low@leg.wa.gov

Recommended comments:

Support removal of “((to ensure compliance with existing ordinances intended to protect critical areas and public health and safety)) which weakened tree protection in HB 1110.
P 13 line 9 amend to read as follows – “tree canopy and retention, protection and planting.”
P 14, Under Section 2 (8) The provisions of this section do not apply to : Remove Line 20-21 (d) A lot that was created through the splitting of a single residential lots This language would void complying with local tree canopy retention, protection and planting ordinances.
This is a big loophole as many lots are being split in Seattle and elsewhere. House bill 1245 now in the Senate on lot splitting does not exempt lot splitting from complying with local ordinances for protecting trees and urban forests. Trees are needed to keep neighborhoods healthy, climate resilient and environmentally equitable,

HB 1078 – Concerning urban forest management ordinances.

Thursday Jan 25th 4 PM – Scheduled for a public hearing in House Appropriations Committee,

Suggested Comments – Sign in pro on bill with amendments to ensure replanted trees are maintained and watered for 5 years. In Lieu fees are essential so as not to remove public benefits of trees and put replacement burden on all taxpayers, instead of those removing the trees. Require that cities strive to maintain as many existing trees on developed sites as possible as it takes decades for new large trees to grow. We do not want to create new heat islands by clearcutting lots. Add street trees as a requirement for all lots being developed and maximize the retention of existing trees on lots. The climate crisis is r.eal, and we need to keep all of our neighborhoods and the people who live there healthy.

Bill was originally proposed for establishing tree banks off site for trees removed and is now bill asking DNR to come up with draft legislation.

Sponsors: Duerr, Doglio, Simmons, Reed, Ryu, Walen, Ramel, Macri, Reeves, Kloba

HB 2113 – Concerning compliance with the housing element requirements of the growth management act.

Wed. Jan 23 – Scheduled for executive session in the House Committee on Housing at 4:00 PM (Subject to change). (Committee Materials)

Comments can be sent to Housing Committee prior to their voting.

Housing Committee members e-mails:

strom.peterson@leg.wa.gov, emily.alvarado@leg.wa.gov, mari.leavitt@leg.wa.gov,

jessica.bateman@leg.wa.gov, frank.chopp@leg.wa.gov,

debra.entenman@leg.wa.gov, julia.reed@leg.wa.gov,

mark.klicker@leg.wa.gov, april.connors@leg.wa.gov,

andrew.barkis@leg.wa.gov, spencer.hutchins@leg.wa.gov, sam.low@leg.wa.gov

Jan 15 – Public hearing in the House Committee on Housing at 1:30 PM. (Committee Materials)

Jan 18 – Executive session scheduled, but no action was taken in the House Committee on Housing at 8:00 AM. (Committee Materials)

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HB 2160 – Promoting community and transit-oriented housing development.

Sponsors: Reed, Fey, Mena, Alvarado, Berry, Bateman, Ormsby, Ramel, Macri, Street, Peterson, Gregerson, Ryu, Cortes, Riccelli, Doglio, Pollet

Capital Budget Committee – Tharinger,Callan, Hackney, Abbarno, McClintock, Steele, Alvardo, Bateman, Cheney, Christian, Dye, Eslick, Farivar,Fosse, Kloba< Kretz, Leavitt, Maycumber, McIntire, Morgan, Mosebrucker, Orwell, Peerson, Reed, Rule, Sandlin, Shavers, Srearns, Waters

Thursday Jan 25 – Scheduled for public hearing in the House Committee on Capital Budget at 1:30 PM (Subject to change). (Committee Materials)

Recommended Comments – HB 2160 as currently written needs amendments to both make sure transit is accessible for pedestrians and that transit areas are not clearcut of trees and become new heat islands in our cities. Trees are important for public health and livable communities. Transit areas must be safe to walk for people to reach public transit.

Require sidewalks and walkways in station areas to make transit accessible so that people are not walking in the street and competing with car traffic. Many areas in our cities have no sidewalks.
Require street trees be planted to not create new heat islands in our cities. Help make our cities more climate resilient.
Allow increased height on buildings if trees are retained on building lots.
Require that trees removed be replaced on site with comparable sized trees at maturity or in other parts of a city with low tree canopy to increase environmental equity and climate resilience. Require fee in lieu payments for removed trees like Seattle and Portland Oregon do for replanting off site trees to pay for replacement costs and watering and maintenance to establish the trees.
Urge use of impact fees for sidewalks and pocket parks
Require adequate infrastructure for utilities like water and sewer before building projects are approved
Please amend HB 2160 and then vote yes to allow more housing near transit and to connect communities.

Additional bills being watched:

HB 1245 – Increasing housing options through lot splitting.

Sponsors: Barkis, Robertson, Wylie, Fitzgibbon, Peterson, Walsh, Chambers, Kloba, Gregerson, Graham, Waters, Reed, Walen, Christian, Riccelli, Macri, Bateman, Doglio

Jan 8 By resolution, reintroduced and retained in present status.

Rules Committee relieved of further consideration. Placed on third reading.

Rules suspended. Placed on Third Reading.

Third reading, passed; yeas, 94; nays, 4; absent, 0; excused, 0. (View Roll Calls)

IN THE SENATE

Jan 10 – First reading, referred to Local Government, Land Use & Tribal Affairs.

Companion Bill: SB 5364 -Increasing housing options through lot splitting.

Sponsors: Frame, Gildon, Liias, Nguyen, Saldaña, Shewmake, Torres, Van De Wege, Wilson, C.

HB 2071 Concerning residential housing regulations.

Sponsors: Duerr, Bateman, Fitzgibbon, Berry, Reed, Ormsby, Ramel, Pollet, Kloba

Jan 8 First reading, referred to Housing. (View Original Bill)

Jan 15 Public hearing in the House Committee on Housing at 1:30 PM. (Committee Materials)

Jan 18 Executive action taken in the House Committee on Housing at 8:00 AM. (Committee Materials)

Majority; 1st substitute bill be substituted, do pass. (View 1st Substitute) (Majority Report)

SB 6024 – Promoting community and transit-oriented housing development.

Sponsors: Trudeau, Saldaña, Frame, Kuderer, Lovelett, Lovick, Nguyen, Nobles, Valdez, Wilson, C.

Companion Bill: HB 2160

Jan 8 – First reading, referred to Local Government, Land Use & Tribal Affairs. (View Original Bill)

Jan 11 – Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 10:30 AM. (Committee Materials)

SB 6061 – Concerning exemptions for housing development under the state environmental policy act.

Sponsors: Lovelett, Salomon

Jan 9 – First reading, referred to Local Government, Land Use & Tribal Affairs. (View Original Bill)

Jan 16 – Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 8:00 AM. (Committee Materials)

HB 1735 – Adding net ecological gain as a voluntary element of comprehensive plans under the growth management act.

Sponsors: Lekanoff, Fitzgibbon, Ramel, Pollet, Macri

Jan 8 – By resolution, reintroduced and retained in present status.

HB 1347 – Integrating community-based health assessments into foundational environmental policies to improve environmental justice.

Sponsors: Pollet, Lekanoff, Berry, Ramel, Kloba, Slatter, Ryu, Taylor, Doglio

Jan 8 – By resolution, reintroduced and retained in present status.

HB 1381 – Concerning salmon-safe communities.

Sponsors: Dye, Lekanoff, Pollet

Jan 8 – By resolution, reintroduced and retained in present status.

Rules Committee relieved of further consideration.

Referred to Environment & Energy.

HB 1517 – Promoting transit-oriented development.

Sponsors: Reed, Taylor, Ramel, Berg, Peterson, Stonier, Walen, Wylie, Simmons, Fitzgibbon, Chapman, Berry, Slatter, Mena, Barkis, Rule, Duerr, Gregerson, Chambers, Bateman, Cortes, Doglio, Pollet, Low, Fosse, Tharinger

Jan 8 – By resolution, reintroduced and retained in present status.

Links to 3 polls done by the Northwest Progressive Institute on Seattle Trees

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Below are links to 3 polls done by the Northwest Progressive Institute showing strong support for protecting Seattle’s trees and urban forests.

1. https://www.nwprogressive.org/weblog/2021/09/seattle-voters-overwhelmingly-favor-policies-to-protect-and-expand-the-citys-tree-canopy.html

Seattle voters overwhelmingly favor policies to protect and expand the city’s tree canopy – NPI’s Cascadia Advocate
In July of 2021, we teamed up with TreePAC to investigate support for a a range of sensible ideas for creating policy tools to protect trees. Majorities of over 75% and 80% endorsed every single one of our ideas.
www.nwprogressive.org

2. https://www.nwprogressive.org/weblog/2021/12/second-set-of-seattle-tree-protection-poll-findings-affirms-voters-value-urban-forests.html

Second set of Seattle tree protection poll findings affirms voters value urban forests – NPI’s Cascadia Advocate
Respondents to NPI’s October 2021 general election survey of the Seattle electorate are in strong agreement that the city should update its tree ordinance to strengthen tree protection policies, with more than seven in ten voters backing a majority of ideas tested.

3. https://www.nwprogressive.org/weblog/2023/03/two-thirds-of-seattle-voters-concerned-about-tree-loss-with-housing-density-increasing.html

Two-thirds of Seattle voters concerned about tree loss with housing density increasing – NPI’s Cascadia Advocate
68% of 651 likely February 2023 special election voters interviewed from January 26th-30th for NPI by Change Research said they were concerned about tree and canopy loss, while 30% said they were not. Only 1% were not sure.
www.nwprogressive.org

Are We Really Protecting Trees With This New Tree Ordinance?

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ARE WE REALLY PROTECTING OUR EXISTING TREES WITH THIS NEW TREE ORDINANCE?

The passage by the Seattle City Council of CB 120534 on May 24, 2023 culminates a 14-year effort to update Seattle’s Tree Protection Ordinance. While there are many good provisions in the new ordinance, it has evolved with the assistance of the Master Builder of King and Snohomish County with a focus on tree removal and replacement over increased protection of Seattle’s trees on private property as Seattle builds more housing.

Missing from CB 120534 is any sincere effort to maximize the retention of our existing trees during development, especially large mature trees. While the ordinance greatly reduces the removal of trees outside of development; besides saving a few heritage trees, it allows developers to continue their clear cutting of lots to maximize their building potential and profits.

Without increased efforts to maximize the retention of existing trees across the city during development, all areas will see a significant decrease in tree canopy, increased adverse health impacts, a decrease in climate resiliency and increased heat island impacts. Areas currently with low canopy and environmental inequity will only get worse as they will also lose trees during development.

The Council bill now guarantees developers an 85% guaranteed lot development area in Low Rise zones and 100% in Mid Rise, Seattle Mixed and Commercial Zones. This will leave no space for trees in most cases. It will result in significant new tree loss. For example, the 2021 Seattle Canopy Study noted that the Seattle Mixed Zone currently has a 12% canopy cover.

People need trees where they live for healthy communities and healthy houses. The new ordinance prioritizes a policy that will create housing without requiring trees. Living close to trees dramatically improves our health. Lower rates of asthma, cardiovascular disease and cancer, improved pregnancy outcomes, better mental/emotional health and improved cognitive function are all correlated with living near trees.

While replacement trees during development can be planted on site if there is space, most will be planted off site in public areas like parks and along streets through paying the city an in-lieu fee. Few trees if any will be retained in multifamily zones. New trees will need decades to provide the benefits our existing trees provide now.

There is no requirement for developers in Seattle to have a tree retention and planting area like Portland, Oregon passed last year. They did this after complying with Oregon’s legislation in 2020 that said Portland had to allow 4-plexes in single family zones. Portland provides an option to save a 20% tree retention and planting area in multifamily zones and 40% in their family residential zone. New trees are expensive to plant and maintain for 5 years. The Seattle Parks Dept. says it would need to spend $4000 to plant, maintain and water a replacement tree for 5 years. Replacement trees also have low survival rates—our existing trees are already established.

Large trees shading housing and the immediate area can be the difference between life and death during heat waves, but this ordinance promotes the removal of trees near homes being built. Summer heat events are coming more frequent and are expected to increase with climate change. According to The New York Times, some 600 people died during the Northwest’s 2021 heat dome event.

Areas with large trees can lower temperatures 10 degrees or more as shown by numerous studies. Seattle did not investigate the impacts of tree loss on lots guaranteed 100% development areas in their 2022 DNS and 2023 Addendum. They did not consider the potential impacts of the state passing legislation like HB 1110 even though “middle housing” legislation came close to passing the previous year and was introduced in this year’s legislative session. HB 1110’s passage requires middle housing of 4-plexes and up to 6-plexes near frequent transit across Seattle including in the Neighborhood Residential zone.

Current development practices result in significant tree loss, which will worsen as new housing is built without space for trees on lots. Seattle’s 2021 canopy study showed a 50% decline in tree canopy on multifamily lots that were developed. Multifamily zones currently only have a 23% canopy cover. Washington state’s new middle housing bill, HB 1110, will expand multifamily housing throughout the city. Seattle has a 30% canopy goal by 2037 but has never produced a plan on how to reach that goal.

Most middle housing currently being built in Seattle (mostly townhouses) already exceeds the 85% low rise guaranteed development area and has at most a few small trees in the street planting area. Seattle’s 2021 canopy study showed a 50% decline in tree canopy on multifamily lots that were developed. Washington state’s new middle housing bill, HB 1110, will expand multifamily housing throughout Seattle.

New housing CAN be built WITH trees: Many of Seattle’s trees grow on the edges of lots that tear down existing housing and should not be an obstacle to development. Other trees on the lot can be worked around in many cases by repositioning new buildings.

Last year, developers in the Master Builders Association of King and Snohomish County Hearing Examiner appeal of Mayor Harrell’s 2022 draft ordinance presented no evidence that building added significantly to the cost of housing. This was the conclusion of the Hearing Examiner in the 2022 Master Builders of King and Snohomish Counties’ legal action after three days of testimony and considering the evidence, the Hearing Examiner concluded that the “Appellants’ arguments that the Proposal will increase the costs of development and will have negative impacts on the City housing supply were based on speculation, not any actual quantitative analysis that was introduced into evidence.”

Frontline communities, including South Seattle, will bear the brunt of a tree ordinance which misses the mark. Frontline communities already have low tree canopy and has lost more trees, faster, than other parts of Seattle. While the new ordinance focuses tree re-planting on these communities, which is a good start, it will also promote inequitable and unsustainable building practices by allowing the removal of the few large trees left in these areas.

Polls show that two-thirds of Seattle voters are concerned about tree loss as housing density increases and believe that Seattle needs to BOTH build new housing and do a better job of protecting its existing trees.

Seattle can do better and that is why more work is needed to address tree loss by maintaining more existing trees where people live as Seattle increases its housing supply. The city needs to seriously consider adding provisions to the tree ordinance like “maximizing the retention of existing trees” and “requiring a Tree Inventory (Arborists Report) and Tree Plan up front before building permits are issued” like Portland Oregon does.

We appreciate that the city has a goal to collect more data to make better decisions as asked for by Mayor Harrell to help it respond to the impacts of tree loss, climate change and increased housing over time. Requiring developers to file tree retention, tree loss and tree replacement information online prior to a building permit being issued as Portland does is critical to obtaining accurate information. Permits to remove trees as many other cities require will also help. We need a stronger Tree Protection Ordinance that also increases retention of existing trees, not one that mainly emphasizes tree removal and then replacement on public lands during development. Trees where people live are vital for healthy communities and healthy living.

For more information contact SteveZemke@TreePAC.org

Seattle Updates Tree Protection Ordinance after 14 Years!

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What Happened and What’s Next?

Dear Tree Protection Advocates,

Thank you for your continued support of our efforts to increase the retention and protection of Seattle’s trees and urban forest. With your help we have made major progress but still have work to do.

Last year we successfully partnered with Seattle to help advance the draft Seattle Tree Ordinance, with the Hearing Examiner ruling against the Master Builders Association of King and Snohomish Counties (MBAKS) attempt to stop it. The Hearing Examiner ruled that “Appellants’ arguments that the Proposal will increase the costs of development and will have negative impacts on the City housing supply were based on speculation, not any actual quantitative analysis that was introduced into evidence.”

This year, the Seattle City Council, after 14 years of inaction, has finally passed an updated Tree Protection Ordinance (CB 120534} The Council bill is 64 pages long and is complicated. It is not a perfect bill. While it increases protection for trees outside of development and during development, it adds loopholes that also decrease protection for trees during development. The bill was passed by the Council last month and recently signed by Mayor Harrell.

After the Master Builders Association of King and Snohomish County (MBAKS) lost their Hearing Examiner Appeal against the City last year, they worked behind the scenes in the Mayor’s Office and with the Seattle Department of Construction and Inspections (SDCI) to rewrite the draft legislation to increase their ability to clearcut lots. Once the draft Ordinance was sent to the Seattle City Council, they worked with the Seattle City Council Land Use Committee behind the scenes to add amendments for more ability to override city oversight on retaining existing trees during development.

Despite this, we still got passed a number of strengthening provisions, including requiring developers to replace all 12 inch and larger diameter trees, either on site or pay an in-lieu fee to the city to replant the trees in areas with low canopy, lowering the threshold for protected exceptional trees from 30 inches diameter to 24  Inches,  requiring tree services providers to register with the city, and reducing the number and size of significant trees that can be cut down outside of development.

We scored a victory in finally getting the Mayor and City Council to support and act to update the Tree Protection Ordinance.  We, however, need to continue our efforts for stronger tree protection for existing trees during development because people need trees where they live for healthy communities.

We need to continue to advocate for clarifying amendments this summer, which Land Use Chair Dan Strauss publicly said he would consider. We are working now to put together a list of possible clarifications and amendments. Community organizations, including Tree PAC, stressed more time was needed to evaluate the impact of some 48 amendments, that were presented to the public and the Land Use Committee only 48 hours (2 days) before they voted!  It was obvious that not all Council members or the public had sufficient time to evaluate the 114 pages of proposed amendments. Passing the proposed ordinance does implement a number of issues we have long fought for. Our work, however, is not done.

In addition, we are working on:

Monitoring and preparing to respond to the proposed draft Environmental Impact Statement to be released this summer on the upcoming 2025 Comprehensive Plan that includes urban forestry issues and increased multifamily housing across the city required by HB 1110 passed by the Washington State Legislature earlier this year.

Sending questionnaires to this year’s Council candidates on their urban forestry positions and supporting candidates that support increased tree retention and protections during development.

Ensuring the Seattle City Council and Mayor Harrell add the 4 staff positions in the upcoming budget for urban forestry as proposed.

Ensuring other urban forestry funding is increased as proposed.

Creating a One Seattle Tree Fund to accept in lieu fees and use them to replant trees in parks and street right of ways.

Urging City to fill Urban Forester position approved in last’s year budget.

Please help with a donation today so we can continue our work.

                                                  Donate now!

Thanks for your support.

Steve Zemke – Chair – TreePAC.org

See additional information here:

  1. “Are we really protecting our existing trees with this ordinance, Friends of Seattle’s Urban Forest, June 2023
  2. “Seattle City Council passed tree ordinance after years of debate,”  Amanda Zhou, Seattle Times, May 24. 2023
  3. “Ordinance aimed at protecting thousands of Seattle’s trees is approved by Council,” Michelle Esteban, KOMO News Reporter, May 23, 2023
  4. “Seattle City Council passes new tree ordinance,”  Hannah Weinberger, Crosscut, May 23, 2023
  5. “Seattle’s proposed tree ordinance is the legislative  equivalent of a chain saw,” Seattle Times editorial board, Seattle Times, May 19, 2023

Updated Comments on Tree Ordinance Amendments proposed to be voted on by the Land Use Committee on Thursday

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E-mail sent to all Seattle City Council Members:

Dear Councilmember Dan Strauss,
Concerns regarding amendments are based on Wednesday, April 26 amendment sheet, which is the latest the public has seen.
We have not seen any updates on amendments on the Land Use Committee Agenda sent out today, May 1 for the two scheduled meetings on May 4th, so these comments are based on last week’s update.  Only 2 of the 9 sections had revisions last Wednesday and actual amendment language was still not available in most cases.
A2 – Why allow for 100% lot coverage in MR, commercial and SM zones? Do we want zero tree zones and more heat islands? This was not discussed in the 2023 DNS or 2023 Addendum. The 2021 canopy study says the multifamily zones haves a 23% canopy cover, the commercial/mixed use has a 12% canopy cover. Why put in things that guarantee tree removal. Other cities are struggling to add trees.
A4 – A guaranteed 85% lot coverage needs to be removed. The 2023 Addendum to the 2022 DNS did not take into account the impacts of HB 1110 and other state legislation that makes the ability to retain trees much more difficult. The Hearing Examiner last stated that the balance of keeping trees and increasing housing were both goals in the Comprehensive Plan and that last year’s draft balanced these goals. Now new provisions are being added that will remove more trees. Existing trees are the survivors.  Replacing them is costly and removing their current benefits in an increasing climate crisis.
A4, A-5, and A6 – A guaranteed 85% lot development area needs to be removed. Keep the flexibility using FAR as the current ordinance language provides to let tree retention, protection and planting be decided lot by lot depending on what trees are on the lot and moving building placement if possible.. Exceptions can be made for greater building lot coverage if conditions permit but there is no flexibility for trees with an 85% guarantee for development area.   Existing townhouses less than 15 feet wide have been built in Seattle. Retain flexibility in design and lot placement on site development
A-7 Support creation of Tree Preservation and Planting Areas of 20% for multifamily areas and 40% for Neighborhood Residential areas like Portland, Oregon has done. With state legislation requiring allowing 4 plexes and 6 plexes across most of Seattle having passed the State Legislature with HB 1110,  Seattle will never reach 30% tree canopy but will shift to 23% or less currently in the MR zone. We need trees where people live, in their neighborhoods, for a livable city.
B-7 Allow the in-lieu fee fund to be the One Seattle Tree Fund proposed by Mayor Harrell. Allow it to both preserve and plant trees like Portland, Oregon does. Add to tree replacement, that funds can also be used to protect existing trees, including tree groves,  by use of covenants and land purchases and donated land to create neighborhood dedicated tree parks and protected tree areas.
B-10 Expand the possible options to be explored to include creating a Climate and Environment Dept that has an Urban Forestry Division. The goal shall be to give Green Infrastructure protection and enhancement as an important focus on livability in the future of our city. We are facing an impending climate crisis and need to think of new ways to address the future by thinking boldly.
C-2 – Rather than “request SDCI modify its practices to consider trees at the beginning of the tree permit process” require that they do by requiring a tree inventory and a tree (landscaping plan) plan be submitted with a request for a development permit. Other cities like Portland, Oregon do this. Mayor Harrell has said we need data to make good decisions, and this is one way to get data. Require that developers maximize the retention of all 6″ DSH trees and larger (not just 12″ DSH and larger) throughout the entire development process. Six inch DSH trees are established trees, survivors, that have a head start on growing larger and do not need $4000 or more spent to plant and maintain for 5 years.
D-7 As written, there are 2 problems here.  This provision could apply to vacant lots which were to have no trees removed unless hazardous, and if a developed lot, why allow removal of more trees just because a lot has 40% trees.  This was not discussed in the DNS or addendum and states no compelling reason to allow this loophole to remove more trees.
E-4 would require a lot of replacement trees. Certainly 1:1 (which may become equivalency in the distant future) is not an answer. The UFC recommended 2 for 1 for trees 12-24″DSH , 3 for 1 for 24-36″ DSH and 4 for1 for trees over 36″ DSH Mercer Island has 1 for < 10 ” DSH, 2 for 1 for 10″ -24″ DSH ,3 for 1 for 24″-36″ DSH , and 6 for 1 for over 36″ DSH and exceptional trees.
E-5 and E-10 address the same issue and should be combined.
F-3 – Should include two violations in a year for any illegal tree cutting rules, eg two violations of removing a Tier 1, Tier 2, Tier 3 trees or more than two Tier 4 trees in 3 years.  Minor violations, like paperwork or address violations should have fines but not push a company out of the city. Let fines increase with multiple minor violations if necessary for corrective action by a company.
F-4 – Several reasons to keep 15% or greater canopy area and branches 2 ” diameter as reportable work – It is consistent with SDOT procedures, allows collection of data of canopy removal (both canopy area and canopy volume loss), and allows SDCI and public ability to check on tree trimming work. Likely outcome of change will be much less tree trimming work will be reported as reportable work.
G-6 – Change “require consideration” to “require” Tree Protection Areas must be set up for all Tier 1 – Tier 4 trees on neighboring property whose root zones are also on the lot where the development is occurring. This includes both public and private trees.
H-4 – Opening up options to remove Heritage Trees besides being hazardous reduces them to Tier 2 trees -Exceptional Trees.
Keep Heritage Trees non-removable unless they are a hazard tree. There are not that many of them and most are said to be street trees.
I-4 As proposed by Urban Forestry Commission, amend the Tier System to include the currently used nomenclature to make it easier for the public to understand. eg Tier 1 – Heritage Trees,, Tier 2- Exceptional Trees, Tier 3 – Significant Trees 12-24″ DSH and Tier 4 Trees – Significant Trees 6-12″ DSH. We are aware of no other city that has a Tier System which creates confusion and de-emphasizes the value of the trees to the public.
Steve Zemke

 

January 2023 Seattle Tree Protection Findings Briefing

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January 2023 Seattle Tree Protection Findings Briefing Packet Click on bottom of slide to see results      NW Progressive Institute – January 2023

See also::

Second set of Seattle tree protection poll findings affirms voters value urban forests – NW Progressive Institute – Dec 20, 2021

Seattle voters overwhelmingly favor policies to protect and expand the city’s tree canopy – NW Progressive Institute – Sept 15, 2021

Talking Points for Seattle Tree Protection Ordinance Update

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Priority Issues for Seattle Tree Protection Ordinance Update testimony before the Land Use Committee

  • Remove the guaranteed  “development area of 85%.” for lowrise, midrise, commercial and mixed zones. If middle housing legislation passes in Olympia, all of Seattle will be up zoned  by the state as multifamily. It will greatly reduce space for trees on building lots in the city. Seattle City planners need flexibility to save trees for healthy communities.
  • Require 20% lot allowance for “tree preservation and planting areas” in multifamily areas and 40% tree lot allowance on lots with  1-4 units in the neighborhood residential zone like Portland has.  Portland passed legislation in 2020 to allow up to 4plexes  in their neighborhoods after the state mandated zoning updates. Portland responded in Nov 2022 to update the tree protection legislation by creating dedicated areas for tree retention and planting. https://www.portland.gov/code/11/50/050
  • Require a Tree Inventory of all 6″ DSH and larger trees and a Landscape Plan prior to any Building Permit being issued.
  • Require “maximizing the retention of existing trees 6″ DSH and larger” throughout the entire development process. Urban forests need a diversity of tree ages and species to be healthy and sustainable.
  • Require all in-lieu fees for trees that can’t be preserved or replaced on site to be based on the square inches of trunk starting at 12″ DSH to equalize their value based on size. Larger fees can both serve as a disincentive to remove trees and also more fairly compensate for the increasing ecoservices value lost by the city as trees get larger. In-lieu fee should be $17,87 per square inch for all removals 12″ DSH and larger.
  • Require for replacement 2 trees for 12-24″ DSH trees removed, 3 trees for 24 – 36″ DSH and 4 trees for above 36″ DSH for more equivalency of the increasing value of ecoservices trees provide as they increase in size. One for one replacement is no equivalency for what is lost as trees increase in size. Mayor Harrell’s Executive order 2023-03 requires the city to replace any healthy tree removed at a 3:1 ratio.
  • Keep the long standing and widely used exceptional tree and significant tree nomenclature.  Remove the term “tiers” and give trees their dignified names back, like exceptional and significant, so the community can continue its relationship with trees, rather than thinking of them only as numbers

 

Seattle Mayor Harrell’s Draft 2023 Tree Protection Ordinance Issues

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2023 Draft SDCI Tree Protection Ordinance Issues 4/4/2023

We support the following provisions in the 2023 SDCI draft Tree Protection
Ordinance:
1. Lowering the upper limit for exceptional trees to 24” Diameter at Shoulder Height (DSH) from 30” DSH
2. Requiring street trees be planted whenever development would add one or more principal dwelling units on a lot
3. Continuing protection for exceptional trees less than 24” DBH and tree groves and heritage trees
4. Continuing prohibition on removal of trees 6” DBH and larger on undeveloped lots.
5. Requiring replacement of all 12” DSH and larger trees removed by developers
6. Requiring an in-lieu fee for developers to replace trees 12” DSH and larger that cannot be replaced on the development site.
7. Requiring in lieu fees be used to replace and maintain newly planted trees removed by developers
8. Limiting removal of 6”-12″ DSH significant outside development to two trees in 3 years.
9. Protected trees and replaced trees are covered by a covenant.
10. Requiring 5-year maintenance for relocated or required replacement trees
11. Requiring 6-day advance notice online of all 6” DSH and larger trees proposed for removal by Tree Service Providers, posting on site on day of work and remaining for 5 days after removal.
12. Creation of 3 new positions to monitor and assist in implementing and enforcing provisions in the ordinance draft.

 Key provisions that need to be revised or added to the draft ordinance:  

 1. Require 20% lot allowance for “tree preservation and tree planting areas” in multifamily areas and 40% lot allowance for 1-4 units in the neighborhood residential zone as Portland Oregon does in their family residential zone.  Portland passed legislation in 2020 to allow up to 4plexes  in their neighborhoods after the state mandated zoning updates. Portland responded in Nov 2022 to update the tree protection legislation.  https://www.portland.gov/code/11/50/050

 2. Remove the guaranteed “85% lot development area” provision.  If the current middle housing legislation passes in Olympia, almost all of Seattle would be affected by this change, with a significant loss of tree canopy city wide. The city needs flexibility to evaluate development and protecting trees lot by lot, not one size fits all circumstances. 

 3. Require a Tree Inventory of all trees 6” DSH and larger and a Tree Landscaping Plan be submitted by developers, as Portland Oregon does, prior to any building permits being approved. This information fits with collecting in lieu fees prior to issuing building permits and facilitates reporting and tracking of tree loss and replacement, rather than city workers having to pull this information from site plans. Mayor Harrell’s Executive Order asked for data on trees removed and replaced. Getting this information up front from developers is the best way to do this. 

 4. Require developers throughout the total development process to maximize the retention of existing trees 6” DSH and larger with adequate space for trees to grow and survive. The current draft removes consideration of protecting 6”-12” DSH trees and also removes them from site plans. Keep them on the site plans and protect them during development.  Trees 6” DSH and larger represent 45% of trees in the NR zone according to Seattle’s Ecosystem Values Report. Most of these trees are established potential replacement trees for existing large trees that die. Trees 12” DSH and larger only represent 18% of the trees in the NR zone. A diversity of ages and species for trees is essential for a healthy urban forest. 

 5.  Retain definitions and use of exceptional and significant trees. Remove the confusing and biased proposed new classification of trees as Tier 1, Tier 2, Tier 3, and Tier 4. The use and understanding of trees as exceptional has been in the tree ordinance since 2001 and described in more detail in the 2008 Director’s Rule. 16-2008. Significant trees are understood to be those 6” DSH and larger that are not exceptional. Many other cities, including in this region, use these definitions.  

 6. Require for replacement 2 trees for 12-24″ DSH trees removed, 3 trees for 24 – 36″ DSH and 4 trees for above 36″ DSH for more equivalency of the increasing value of services trees provide as they increase in size. One for one replacement is no equivalency for what is lost as trees increase in size.  Require that tree replacement numbers increase with the size and canopy volume of the removed tree. such that in 25 years or less they will reach equivalent canopy volume lost.  Waiting 80 years to replace an 80 year old tree is too long.

 7. Increase in lieu fee schedule to require the $17.87square inch in-lieu fees to start with 12″ DSH trees rather than 24″ DSH trees. In-Lieu fees need to adequately cover the city’s additional cost of planting and maintaining the trees for 5 years. 

 8. All replacement in lieu fees and fines should go into a One Seattle Tree Fund as stated in Mayor Harrell’s ‘s Executive Order. It should be a dedicated Tree Planting and Preservation Fund like Portland, Oregon has (not into SDCI’s budget). The Fund should be added to this draft. The Fund should report yearly on its budget to the City Council and Mayor. The One Seattle Tree Fund should be overseen by the City Urban Forester located in OSE because the distribution of funds would be interdepartmental. Allow the One Seattle Tree Fund (Tree Planting and Preservation Fund) to also accept fines, donations, grants, purchase land, set up covenants and for educational purposes as Portland, Oregon does. 

 9. The role of the new City Forester position created by the Seattle City Council in OSE should be defined in this ordinance. 

 10. Create an Urban Forestry Division within SDCI with additional staff as recommended in a separate budget provision or expand the Urban Forestry staff and responsibility in the Office of sustainability and Environment for independent oversight of trees. 

 11. Expand the existing Seattle Department of Transportation (SDOT) Tree Removal and Replacement Permit Program using the Accela database system to include SDCI to cover all significant trees 6” DSH and larger, and all exceptional trees, on private property in all land use zones, removed both during development and outside development. The proposed ordinance remains a complaint-based system relying on citizens which has been proven to not be effective in code compliance. SDCI only has 2 arborists who are mostly deskbound.to check site plans and in the field. 

 12. Require SDCI to submit quarterly reports to the Office of Sustainability and Environment on tree removal and replacement as currently required by other City Departments and as required yearly by Mayor Harrell’s Executive Order 

 13, Extend ordinance to cover all land use zones, including Highrise, Industrial, Downtown and Institutions 

 14. Allow city certified inspectors to enter property if necessary to ascertain any illegal tree activity 

 15. Expand the required tree protection covenant to include a replacement requirement for a tree that dies. Make it a permanent “protected tree planting site” for the life of the building. 

16. Remove or clarify language of tree drip line “may be irregular in shape to reflect variation in branch outer limits” Dripline is used to determine tree protection area and branches shortened in some areas may not reflect root structure or may have been removed in certain areas if tree has been limbed up. 

 17. Require that maintenance of relocated and replacement trees include “watering as needed” 

 18. Require street trees be planted if ADU’s are added to a lot. ADU’s, particularly Detached ADU’s, reduce space for trees on site and increase tree removal and are currently exempt from original lot coverage limits in NR zone. 

 18. Remove the 1000 square feet addition to an existing structure exemption requiring planting street trees. Additions increasing the building footprint are removing existing or potential tree planting and preservation space. 

 19. Give the SDCI Director the authority to reduce or waive any fees assessed by this ordinance, taking into account a homeowner’s financial circumstances or ability to pay. 

20. Split the purpose and intent section. Add to intent “address climate resiliency and reduce heat island impacts across the city” 

21. Require removal of invasive plants, like ivy, scotch broom, and holly from development sites to help stop the spread of invasive species in our city that add to maintenance costs and replacement of dying trees. 

 4/4/2023 draft – Please contact Steve Zemke stevezemke@friends.urbanforests.org with any additional issues, concerns and/or corrections, regarding the above document. Thanks 

Comments on Seattle’s 2021 Tree Canopy Assessment Final Report

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  1. The City of Seattle 2021 Tree Canopy Assessment Final Report was produced by the City of Seattle’s Office of Sustainability and Environment using findings from the University of Vermont Spatial Analysis Lab report. However, the interpretation of data was done by unnamed people in the city of Seattle, who wrote or reviewed the “final report”.  The University of Vermont collected some of the data but are not the authors of the report. 
  2. The report defines tree canopy as “The layer of leaves, branches and stems that provide tree coverage of the ground when viewed from above.” Not mentioned is that the measurement is done at 8 feet above the ground. This is in contrast to US Army Corps of Engineers, who defines the Tree strata as starting at 20 feet in height, and the shrub/sapling layer from 3-20 feet in height  https://www.sas.usace.army.mil/Portals/61/docs/regulatory/Workshop_Vegetation_Fall2011.pdf 
  3. So, the City of Seattle canopy actually includes all shrubs and hedges such as laurel, holly and rhododendron bushes that frequently are over 8 feet high, and smaller saplings. The canopy measured would  more accurately be described as “tree and shrub cover.”
  4.  Although asked and confirmed before the report was released that the report would look at tree canopy volume, the report has no such analysis despite LIDARS ability to do so. This is important as tree canopy volume is a more accurate measure of the environmental services trees can provide to cities, as compared to tree canopy area.
  5. While the report defines a large (exceptional) tree as > 30 inches diameter, it does no analysis of large trees gains or losses, and neglects to compare any changes in large exceptional trees over the time period. 
  6. The report mentions trees planted by the city but provides no data on any survival rates of the trees planted. Also, the number of trees removed by SDOT or Parks is not given,  only the number of new plantings. 
  7. The report looked at tree loss during development but only looked at development projects that were begun and completed between 2017 and 2021. The actual tree loss calculation should have looked at all projects that begun between 2017 and 2021 for the most accurate results, not just those that were completed.  What is missing are projects that begun in that time period but were not completed. This is important as trees are usually removed at the beginning of projects, so the actual tree loss is likely significantly higher than what was reported. Also, if the next 5-year analysis follows the current calculations, projects begun before 2022 but completed after 2022 will not be in the analysis, leaving a gap in calculating tree loss during development. 
  8. Key data points in Table 4 in the Appendix show that redeveloped parcels in neighborhood residential zone saw a 33.6% loss of tree canopy and redeveloped parcels in multifamily zones saw a 49.6% reduction in tree canopy.  Issues of concern for future canopy loss include middle housing legislation being considered by the Washington State legislature which would basically convert most of Seattle’s neighborhood residential zone to the multifamily zone. Also, ADU legislation was passed in Seattle in July 2019 for the neighborhood residential zone which will allow 3 units of housing to be built on any lot, increasing potential for additional tree loss. 
  9. Figure 8 is in contrast to other references on trees and urban Island heat impacts. Figure 8 is a scatter plot showing the relationship between maximum afternoon temperature and percent tree canopy, and the report somehow concludes that “…at the hexagon scale on a hot day (where a hexagon is the size of several city blocks) hexagons with 26% tree canopy experienced temperatures that were 1-degree lower than hexagons with no canopy.” This interpretation is misleading as to the on the ground results and is an example on how statistical analysis can be misused. See references below for additional information: 
  •  The original report “Seattle and King County Washington Heat Watch Report” done in 2020 reported as high as a 24-degree F temp difference across the county. The analysis of heat impacts is much more nuanced and is affected by a number of things like time of day, tree canopy, buildings and pavement, closeness to water and size of area considered. The “one-degree lower statement” unfortunately is contrary to what many other researchers have found and clearly misrepresents the temperature differences between areas with trees and those not having trees. 
  • NPR – “In Seattle the difference between the coolest and hottest neighborhoods could be as much as 14.5 degrees, according to a 2019 NPR analysis of surface thermal data from NASA and US Geological Survey satellite imagry from summer days in the last decade.” 
  • King 5 June 23, 2021  “Areas of King County with more paved landscapes and less tree canopy are feeling the heat more intensely than less urbanized areas, according to a new study from King County and Seattle. More urbanizesd areas were as much as 20 degrees hotter due to an abundance of hard surfaces like parking lots, rooftops and streets which absorb heat, 
  • According to Portland State University research – “While testing solutions that reduce urban heat, the study … showed that paving over places that previously had a lot of tree canopy could raise the temperature as much as 25 degrees Fahrenheit on a summer day. Nearby neighborhoods would experience a spillover effect.” Portland State University Study Demonstrates How Plants, Trees, and Reflective Materials Can Reduce Extreme Heat of City Neighborhoods, 2019
  • New York Times – Hidden Toll of the Northwest Heat Wave: Hundreds of Extra Deaths, Aug 11, 2021, ” During the deadly heat wave that blanketed Oregon and Washington in late June, about 600 more people died than would have been typical , a review of Mortality data for the week of the crisis shows.”    
comments by Steve Zemke and Rich Ellison
TreePAC and Friends of Seattle’s Urban Forest
March 6,  2023