Category Archives: Seattle Tree Protection Ordinance
Public Comments Needed Now to Increase Seattle’s Protection of Trees
Action Needed Now to Protect Seattle’s Trees!
Public Comments are needed now supporting draft SDCI Director’s Rule 13-2020 for Increased Tree Protection – Deadline August 17th
SUBMIT PUBLIC COMMENT NOW
All you need to do is click on TAKE ACTION to get started.
What are the key provisions in the Seattle Urban Forestry Commission’s draft Tree and Urban Forest Protection Ordinance?
What are the key provisions in
the Seattle Urban Forestry
Commission’s draft Tree and
Urban Forest Protection
Ordinance?
Power Point Presentation
Click here to see Seattle Urban Forestry Commission’s draft Seattle Tree and Urban Forest Protection Ordinance,
Why Seattle’s current Tree Protection Ordinance isn’t working
Explaining why key provisions are in the 2019 Seattle Urban Forestry Commission draft Tree and Urban Forest Protection Ordinance
In June 2019, The Seattle Urban Forestry Commission submitted, at the request of Seattle City Councilmember Sally Bagshaw and Lisa Herbold, a draft Tree and Urban Forest Protection Ordinance to the Seattle City Council and Mayor Jenny Durkan.
The Coalition for a Stronger Tree Ordinance is urging the public and organizations to submit letters of support on the draft ordinance through the website www.DontClearcutSeattle.org. A pre-written draft letter for individuals is available on the site to which additional comments can be added. A draft resolution is available for organizations to use to express their support.
Here is some further explanation on each item mentioned in the support letter for the Urban Forestry Commission’s draft Tree and Urban Forest Protection Ordinance.
1. Expand the existing tree removal and replacement permit program, including 2-week public notice and posting, as used by the Seattle Department of Transportation (SDOT) – to cover all trees 6” DBH and larger on private property in all land use zones, both during development and outside development.
Explanation – Seattle currently has a complaint based system to monitor tree removal. It doesn’t work because people only know a tree is being cut down when they hear the chain saw. Many trees are removed illegally. Exceptional trees on private property as defined by Director’s Rule 16-2008 are not to be removed unless hazardous. The first sign a tree is being removed is usually hearing a chain saw or seeing the tree gone when they pass by. Many other cities like Portland,OR; Atlanta, GA; Vancouver,BC and locally Sammamish, Shoreline, Mercer Island, Redmond, Lake Forest Park and and Bellevue all require permits before trees can be removed,
According to the Seattle Forest Ecosystem Values Report , 6″ DBH (diameter at 54″ high) and larger trees represent about 45% of the trees in the single family zone. That means 55% are smaller than 6″ DBH. A Douglas fir at 6″ DBH is about 30 years old.
During development and outside development – also means property on which construction is occurring and property on which construction is not occurring.
Notice – posting is to let neighbors know if a tree is legally being removed.
2. Require the replacement of all trees removed that are 6” DBH and larger with trees that in 25 years will reach an equivalent canopy volume – either on site or pay an in-lieu fee into a City Tree Replacement and Preservation Fund. Allow the Fund to also accept fines, donations, grants and set up easements.
Explanation – Many cities require tree replacement when trees are removed. If trees are not replaced you are losing canopy.
Seattle’s Tree Protection ordinance passed in 2001 actually says in SMC 25.11.090:
“Tree replacement and site restoration. A. Each exceptional tree and tree over two (2) feet in diameter that is removed in association with development in all zones shall be replaced by one or more new trees, the size and species of which shall be determined by the Director; the tree replacement required shall be designed to result, upon maturity, in a canopy cover that is at least equal to the canopy cover prior to tree removal. Preference shall be given to on-site replacement. When on-site replacement cannot be achieved, or is not appropriate as determined by the Director, preference for off-site replacement shall be on public property.”
The city has not kept a record of trees removed or replaced pursuant to this ordinance nor is there any record of developers paying the city to plant trees elsewhere. The city has not been enforcing this part of the ordinance.
Note: The current draft lowers this provision to replace trees to 6″ DBH and allows trees to be planted on private property in the city that needs more trees as part of the race and social justice initiative. The requirement to replant trees is extended to private property owners as many other cities do ,including Portland,OR.
The fee in lieu dollar amount would be set by DCI and is not in the ordinance, so it can be set and raised or lowered to ensure compliance and deal with changing costs over time. There is no replacement fee if replacement trees are re-planted on the property they were removed from. DCI would also have the authority to reduce, delay or cancel in-lieu-fees, depending on a property owner’s financial circumstances.
3. Retain current protections for Exceptional Trees and reduce the upper threshold for exceptional trees to 24” DBH, protect tree groves and prohibit trees over 6”DBH being removed on undeveloped lots (vacant lots).
Explanation – There are about 6100 large exceptional trees left in Seattle according to the 2016 Seattle Tree Canopy Assessment. These are trees over 30″ DBH and up to 140 feet tall and probably 100 years old or more. They are the survivors and provide the most ecological services to the city. They include Douglas fir, western red cedar and Big Leaf Maples. Reducing the diameter to 24″ DBH will protect more of these large trees that have lived longer than most people in the city, and will be impossible to replace in our, or our children’s, lifetime.
See Reasons to Save Big Trees in Urban Areas Friends of Urban Forests
4. Allow removal of no more than 2 significant non-exceptional trees in 3 years per lot outside development (i.e. no construction occurring)
Explanation – Seattle currently allows the removal outside development of 3 significant (> 6″DBH) trees that are not exceptional per year. This can quickly remove all trees on a lot. A number of other cites have lower numbers and limit it even more over a longer time period. Renton limits it to 2 trees in 1 year and 4 trees in 5 years as an example.
Explanation -The database system to track tree loss and replacement was recommended in the 2017 Tree Regulations Research Project report. Mayor Burgess, in his 2017 Tree Protection Executive order, directed it to be set up to track tree loss and replacement.
6. Expand SDOT’s existing tree service provider’s registration and certification to register all tree service providers (e.g. arborists) working on trees in Seattle.
Explanation – SDOT has already set up a a system to register and certify tree service providers and this would extend it to all that work on trees on private property. Providers would have to sign a statement that they have read the tree regulations and understand what is required.
7. Provide adequate funding in the budget to implement and enforce the updated ordinance.
Explanation – DCI currently is understaffed regarding tree protection functions that include monitoring tree related issues and checking compliance with existing regulations, site inspections etc. This funding will be required to implement and better enforce the existing and updated ordinance.
cross posted on www.Friends.UrbanForests.org
Questionnaires returned to TreePAC show Strong Support for Updating Seattle’s Tree Protection Ordinance
Thirteen of the fourteen candidates running for the Seattle City Council District elections in the 2019 General Election have returned questionnaires to Tree PAC. Overwhelmingly, the responses were positive for supporting key provisions to strengthen the existing Tree Protection Ordinance. You can see our TreePAC endorsements and questionnaires on this link. These questionnaires were weighted heavily, but were not our sole criteria for endorsement.
Earlier this year, the Seattle City Council unanimously passed the following two resolutions that support the updating of Seattle’s Tree Protection Ordinance.
3/18/19 Seattle City Council Resolution 31870 Section 6 deals with updating Seattle’s Tree Protection Ordinance.
Section 6. The Council recognizes the environmental, social, and economic benefits of Seattle’s urban forest and commits to working with community members and City departments to update the City’s tree regulations, advancing the goals of the Urban Forest Stewardship Plan across Seattle. Potential measures may include, but are not limited to, the following:
- Retaining protections for exceptional trees and expanding the definition of exceptional trees.
- Creating a permitting process for the removal of significant trees, defined as trees 6 inches in diameter at breast height or larger.
- Adding replacement requirements for significant tree removal.
- Simplifying tree planting and replacement requirements.
- Maintaining tree removal limits in single-family zones.
- Exploring the feasibility of establishing a in-lieu fee option for tree planting.
- Tracking tree removal and replacement throughout Seattle.H. Providing adequate funding to administer and enforce tree regulations
- Requiring that all tree service providers operating in Seattle meet the minimum certification and training requirements and register with the city.
9/17/2019 Seattle City Council Resolution 31902 – A resolution declaring the City Council and the Mayor’s intent to consider strategies to protect trees and increase Seattle’s tree canopy cover
All of the candidates (13 out of 14) who responded to the TreePAC questionnaire indicated that they support these two resolutions.
The Seattle Urban Forestry Commission on June 15, 2019, at the request of Councilmembers Bagshaw and Herbold, submitted to the Mayor and City Council a draft Tree and Urban Forest Protection Ordinance. Council action on an updated Tree Protection Ordinance is expected next year. TreePAC is encouraged by the strong response of the city council candidates in support of updating the current Tree Protection Ordinance.
Seattle City Council Passes Legislation to Remove SEPA Appeals
The Seattle City Council just passed legislation to limit SEPA appeals by Seattle citizens on upzones for housing.
It took them only 3 months to pass this legislation giving more authority to the Departmental of Construction and Inspections to fast track developer projects. Meanwhile they have not updated the Tree Protection Ordinance in 10 years. The Council first passed a Resolution to update the Tree Protection Ordinance in 2009 and passed two similar resolutions this year, including one in Sept saying they needed more time to study the issue. Right.
In 2017 they studied the issue in a report entitled “Tree Regulations Research Project” that they kept hidden from the public and only released after a public records request. Their findings included:
“Current code is not supporting tree protection.”
“We are losing exceptional trees (and groves) in general”
“We are losing exceptional trees (and groves) in general” “Conifers and large tree species are coming out with deciduous and dwarf species are coming in.”
“Landscaping Standards final inspection is not consistently applied.”
“Design Review and code-required tree protection are being avoided.”
And then publicly they continue to say, as they did in the introduction to this ordinance, “The Mayor and City Council find that the City’s codes have evolved in recent decades such that there is generally less need to employ SEPA, because other City codes and requirements effectively mitigate environmental impacts.”
The Seattle Urban Forestry Commission in June provided the Council and the Mayor with a draft “Tree and Urban Forest Protection Ordinance” which the city has put on the back burner while they consider the issues. They have put the issue off until 2020 saying they need more public input.
Citizens can support this draft by going to www.DontClearcutSeattle.org and urging the city pass this legislation.
Tree PAC Question sent to Seattle City Council Primary Candidates 2019
Dear Candidate for Seattle City Council,
In 2009 the Seattle City Council passed a resolution to update SMC 25.11 the Tree Protection Ordinance. Ten years later this has not happened. But progress is being made. When the MHA Ordinance was passed in April, the Seattle city Council passed a Companion Resolution – RESOLUTION 31870 –
“calling for additional measures by the City and its partners that complement mandatory housing affordability (MHA) implementation to promote livability and equitable development, mitigate displacement, and address challenges and opportunities raised by community members during the MHA public engagement process.”
Section 6 of that resolution dealt with updating Seattle’s Tree Protection Ordinance.
Section 6. The Council recognizes the environmental, social, and economic benefits of Seattle’s urban forest and commits to working with community members and City departments to update the City’s tree regulations,
advancing the goals of the Urban Forest Stewardship Plan across Seattle.Potential measures may include, but are not limited to, the following:
A. Retaining protections for exceptional trees and expanding the definition of exceptional trees.
B. Creating a permitting process for the removal of significant trees, defined as trees 6 inches in diameter at breast height or larger.
C. Adding replacement requirements for significant tree removal.
D. Simplifying tree planting and replacement requirements.
E. Maintaining tree removal limits in single-family zones.
F. Exploring the feasibility of establishing a in-lieu fee option for tree planting.
G. Tracking tree removal and replacement throughout Seattle.
H. Providing adequate funding to administer and enforce tree regulations.
I. Requiring that all tree service providers operating in Seattle meet the minimum certification and training requirements and register with the city.
As someone running for election to the 2019 Seattle City Council we would like to know if you support Section 6 of this Resolution. Efforts are under way to try to pass the Tree Ordinance update this year. The Seattle Urban Forestry Commission has submitted a draft update to the Seattle City Council.
If you are elected you would be charged with ensuring the ordinance is implemented next year. A simple yes or no is all that’s needed.
____Yes I support Section 6 of Resolution 31870
____No I do not support Section 6 of Resolution 31870
Optional Comment (50 word maximum) ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Thank you for your response. We will be posting candidates responses on the TreePAC website as well as e-mailing our supporters and posting on facebook. Your prompt response is appreciated. Please e-mail your response back to SteveZemke@TreePAC.org
Thanks.
Steve Zemke
Chair – TreePAC.
Seattle Tree and Urban Forest Ordinance Update – Handout July 2019
Action Needed Now to Protect Seattle’s Trees and Urban Forest
Urge Mayor Jenny Durkan and Seattle City Council members to provide strong leadership now to pass legislation this year to significantly strengthen Seattle’s current Tree Protection Ordinance.
Seattle’s urban forest is an integral and vital part of our city. It provides many benefits and amenities to those living in our city. Research has shown that retaining existing trees and planting new trees is one of the best ways to mitigate our climate crisis. Trees help clean our air and enhance public health, reduce stormwater runoff, decrease the impacts of heat and wind, provide habitat for birds and wildlife and give us a connection with nature in our neighborhoods.
Seattle’s rapid growth is reducing these beneficial impacts as trees are removed. It is urgent that Seattle act now to stop the continued loss of trees, particularly large trees and exceptional trees and tree groves, and to promote environmental equity as we replace and plant more trees to increase our tree canopy.
Urge the Mayor and City Council to adopt the draft revisions for the Tree and Urban Forest Protection Ordinance that the Seattle Urban Forestry Commission submitted in June 2019 to Councilmember Sally Bagshaw and the Seattle City Council. The updated draft would:
- Expand the existing tree removal and replacement permit program, including 2-week public notice and posting, as used by the Seattle Department of transportation (SDOT) – to cover all trees 6” DBH and larger on private property in all land use zones, both during development and outside development.
- Require the replacement of all trees removed that are 6” DBH and larger with trees that in 25 years will reach equivalent canopy volume – either on site or pay an in-lieu fee into a City Tree Replacement and Preservation Fund. Allow the Fund to also accept fines, donations, grants and set up easements.
- Retain current protections for Exceptional Trees and reduce the upper threshold for exceptional trees to 24” DBH, protect tree groves and prohibit trees over 6”DBH being removed on undeveloped lots.
- Allow removal of no more than 2 significant non-exceptional trees in 3 years per lot outside development
- Establish one citywide database for applying for tree removal and replacement permits and to track changes in the tree canopy. Post online all permit requests and permit approvals for public viewing.
- Expand SDOT’s existing tree service provider’s registration and certification to include all tree service providers working on trees in Seattle.
- Provide adequate funding in the budget to implement and enforce the updated ordinance.
Please let the Mayor and City Council know you support the 7 items above by copying and pasting them in an email to send to the Mayor and Seattle City Council in support of updating Seattle’s Tree Protection Ordinance. They need to hear from you. Add your own personal comments and reasons for support.
Send to jenny.durkan@Seattle.gov, council@Seattle.gov
and to the Seattle Urban Forestry Commission for posting as public comment Sandra.Pinto_de_Bader@Seattle.gov
Coalition for a Stronger Tree Ordinance
Good News – Tree Protection Ordinance Update this Year is a GO!
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