TreePAC

An independent Political Action Committee in defense of the urban forest

TreePAC

TreePAC and Seattle Win Master Builders Appeal!

TreePAC and Seattle Win Hearing Examiner Appeal By Master Builders opposing updating Seattle’s Tree Protection Ordinance

TreePAC joined forces with Seattle to stop what could have been a one to two year added delay in updating Seattle’s Tree Protection Ordinance. TreePAC  hired respected environmental Attorney Claudia Newman of Bricklin and Newman to intervene in the Hearing Examiner Appeal by the Master Builders.

In a strongly worded decision, the Seattle Hearing Examiner denied the appeal by the Master Builders Association of King and Snohomish Counties from a Determination of Non-Significance  issued by the Seattle Department of Constructions and Inspections (SDCI). The appeal was regarding the potential environmental impacts of a draft update by SDCI of Seattle’s Tree Protection Ordinance.The decision by Seattle Hearing Examiner Ryan Vancil stated, “The Director’s decision to issue a Determination of Non significance for the proposed ordinance is not clearly erroneous and is AFFIRMED and the Appellants’ appeal is DENIED..”The Hearing Examiner did not equivocate but soundly dismissed the MBAKS arguments and witnesses’ statements as speculation and not backed up by any actual data.Seattle  Hearing Examiner Ryan Vancil stated “The record indicates that in developing the proposal, the Department considered the City’s goals and policies and developed a set of recommendations that struck a balance between the City’s housing goals related to housing and future development patterns and the City’s goals to maintain a healthy urban forest that provides sizable tree canopy coverage.”You can read the full Hearing Examiner’s decision and detailed response here.

Having an experienced expert Attorney was critical in our winning this appeal. Fighting the Master Builders  unfortunately lasted longer and cost more than planned as they dragged the hearing process out. The decision by the Hearing Examiner strongly supported the city in protecting Seattle’s trees and gives us momentum to get the tree Protection Ordinance updated in the coming months. 

TreePAC needs your help to pay our additional  legal bills for this successful effort as well as our continuing campaigns to update Seattle’s Tree Protection Ordinance.

  Please send a contribution today to help us retire our debt.  We still have work to do to get the ordinance update passed by the City Council. Thanks.

 

Housing Shortage; Build but also retain trees

Housing shortage: Build, but also retain trees

This Op-Ed perpetuates the false narrative that we can only house new neighbors by cutting down Seattle’s trees. We can and should grow our housing stock and our urban forest at the same time.

The science has long been in that urban trees give us cleaner air, cooler summers and better outcomes on every measurable public health metric. Our current building code puts protection of trees in new developments on a separate “tree review” track, which complicates the process.

What if each development started with a look at the existing trees and how new homes could be built while retaining them? Seattle would retain the ecological benefits of our established urban forest, and the residents of the future homes would enjoy the health benefits of living close to big trees.

Sandy Shettler, Seattle

Seattle Hearing Examiner Denies Master Builders Appeal on draft SDCI Tree Protection Ordinance

News Release
 Steve Zemke – Chair TreePAC
stevezemke@TreePAC.org
For Immediate release
Friday August 12, 2022

Seattle Hearing Examiner Denies Master Builders Appeal, Allows Tree Protection Ordinance Update to Proceed

SEATTLE – TreePAC, a citizen’s group advocating updating Seattle Tree Protection Ordinance, joined as an Intervenor with the city of Seattle in opposing a Hearing Examiner appeal by the Master Builders Association of King and Snohomish County.  The decision allows Seattle to now move forward with updating Seattle’s Tree Protection Ordinance, a process that citizen groups and others have been urging the city to do for 13 years.
In a strongly worded decision, the Seattle Hearing Examiner dismissed an appeal by the Master Builders Association of King and Snohomish Counties (MBAKS) from a Determination of Non-Significance (DNS) issued by the Seattle Department of Constructions and Inspections (SDCI). The appeal was regarding the potential environmental impacts of a draft update by SDCI of Seattle’s Tree Protection Ordinance.
The decision by Seattle Hearing Examiner Ryan Vancil stated, “The Director’s decision to issue a Determination of Nonsignificance for the proposed ordinance is not clearly erroneous and is AFFIRMED and the Appellants’ appeal is DENIED .”
The Hearing Examiner did not equivocate but soundly dismissed the MBAKS arguments and witnesses’ statements as speculation and not backed up by any actual data.
Quotes
Steve Zemke, Chair of TreePAC  “We appreciate the Hearing Examiner’s reasoned and detailed decision. Trees are critical to maintaining the health and vitality of Seattle’s communities and its citizens.  TreePAC supports the efforts of the city to both increase needed housing and protect our green infrastructure. It is not an either/or situation but a priority of the city to address both as mandated in Seattle’s current Comprehensive Plan.”
Seattle  Hearing Examiner Ryan Vancil in his decision “The record indicates that in developing the proposal, the Department considered the City’s goals and policies and developed a set of recommendations that struck a balance between the City’s housing goals related to housing and future development patterns and the City’s goals to maintain a healthy urban forest that provides sizable tree canopy coverage.”
Steve Zemke, Chair TreePAC  “Trees are critical to dealing with urban heat island impacts and stormwater runoff as the climate crisis continues. That requires protecting as many existing trees as possible and planting more trees in marginalized areas for tree equity and social justice. The proposed draft ordinance update helps the city to do that.”
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Save the Aurora Ave N Sweetgum Trees

Please send an e-mail to Seattle City officials to help save the Aurora Ave N Sweetgum street trees  from being cut down..
Click on the link below to do it quickly through Action Network. Thanks.
Don’t Clearcut Seattle is a project of TreePAC. They maintain the action network website.
Donations to TreePAC are needed to support their work  protecting existing urban trees and efforts to plant more trees to increase our urban canopy. Please donate today. Thanks.

 

Tree protest in North Seattle, 5-29-22

TreePAC and The Last 6,000 prevented (for now) a pair of exceptional Doug Firs from being cut down this weekend. Ideally this will force a permit from the landowner at minimum (and potential fines) but watch this space for more.

From KIRO 7, on the scene today:

Seattle Audubon tree petition!

Our friends at Seattle Audubon have put up a great tree petition – please take action and sign the petition!

Protect trees for a climate-resilient city.

The heatwave our region experienced at the end of June 2021 made clear that the deadly impacts of climate change are here. We must act now to improve our resilience and prepare for the future. An equitably distributed and protected urban forest is one of our best hopes for becoming a climate-resilient city. Join us in urging Seattle city leaders to improve urban forest protections today.

New TreePAC newsletter on the site!

The latest Spring 2022 TreePAC newsletter is now on the site – click here to check it out! Highlights include the recent Seattle City Council passing legislation to require Tree Service Provider registration, some great news from Save Shoreline Trees and Trees4Livability in Bellevue , and the usual digest of local and worldwide tree news. Enjoy!

kevin orme
TreePAC

TreePAC Intervention approved in MBAKS Hearing Examiner Appeal

As this is public record now, here’s the official filing of our Motion to Intervene in the recent Master Builders Association of King and Snohomish Hearing Examiner appeal of the Seattle Department of Construction and Inspections’ draft Tree Protection Ordinance Determination of Non-Significance after their SEPA evaluation.  – you can read their original SEPA appeal here.. The hearing Examiner has approved TreePAC’s intervention.

 

 

 

In a Dense Landscape, Can Trees and Housing Co-Exist?

Martha Baskin interviews Rich Ellison and other local tree advocates on KBCS, 3/28/22 – listen here – transcript below – Go Martha!

NOTE – capital letters note spoken dialog, not shouting 🙂 – Ed.

Lead: In the face of rapid residential development, Seattle’s urban trees are in the crosshairs. 60% of the city’s urban canopy is on residential lots. Tree advocates say housing and trees can coexist, but have yet to convince the city’s Department of Construction and Inspection, who recently issued a new draft tree protection code. As in previous drafts, maximizing a lots development potential outweighs protecting existing trees on site. Why does it matter? Trees are the lungs of the planet. They reduce storm runoff and flooding. And during extreme weather, they’re climate warriors, cooling neighborhoods and filtering polluted air. Martha Baskin has our story.

Rich Ellison looks up at a 30 foot high Cedar tree across from a row of town homes under construction in NE Seattle. “ITS GOT A HEALTHY CANOPY AND ITS DEFINITELY GOING TO BE TREMENDOUS WILDLIFE HABITAT. ITS IN THE PLANTING STRIP SO ITS LIKELY PROTECTED FROM ANY FUTURE INCURSIONS OF DEVELOPMENT. BUT EVERYTHING IS AT RISK HERE IN THE CITY…” He trails off to make way for a construction crew truck. Before the town homes were built the lot had trees and dense vegetation, says Ellison. But all were cut down by the developer. City code allows builders to cut down any tree that interferes with maximizing a lots development potential.

A member of the advocacy group, TreePac, and a biologist, Ellison has been pushing city leaders to adopt a tree code that protects existing trees during construction for years. Over 60% of Seattle’s tree canopy is on residential lots. A new draft tree code was issued by the Department of Construction and Inspection/DCI late last month and may go before the city council this Spring. Over the years, advocates like Ellison, have had some success in stopping exceptional and signficant trees from being cleared on lots not undergoing development. Exceptional and significant trees are defined by virtue of their size, species, age and cultural or historical importance. But none are protected if a developer is unwilling to work around them. “AND RIGHT NOW WE’RE TRYING TO GET THE CITY COUNCIL AND THE NEW MAYOR WHO HAS SAID HE DOESN’T WANT TO SEE SEATTLE BECOME BARREN, BIRDLESS AND TREELESS; THAT HE WILL PUT A CHANGE ON THIS APPROACH BY DCI AND GET THEM TO LISTEN MORE TO THE URBAN FORESTRY COMMISSION.”

The city council created the Urban Forestry Commission to advise the Mayor and City Council on how best to protect and conserve trees back in 2009, when interim tree regulations were adopted. The task of drafting a new code was given to the Department of Construction and Inspection/ DCI, but to date no draft has been approved. In the intervening years, residential tree protection has faced fierce headwinds from rapid development and the need for housing and zoning changes. In 2019 the city council up zoned all single family zoning to mutli-family. Sarajane Siegfriedt with Seattle Fair Growth, says the zoning change by her estimate, reduced single zoning from 35,000 acres to 32,000 acres. “CLEARLY THEN WHAT’S PERMITTED IS GOING TO SHRINK THE TREE CANOPY THAT’S HEAVILY LOCATED IN SINGLE FAMILY AREAS” Floor area ratio of buildings was also increased, while separate legislation approved backyard cottages which Siegfriedt estimates cost upwards of $400 thousand to build. “AND THEY’RE BEING BUILT. THERE’S ONE BEING BUILT RIGHT BEHIND ME AND THEY TOOK DOWN A TREE FOR THAT, A BIG 60 YEAR OLD FIR TREE.

Tree advocates have been accused of being against density, but say density and trees can co-exist if mandated in construction codes. They’ve also been accused of being against affordable housing. But Siegfriedt points out {that low-inc ome or affordable housing requires being subsidized with federal, state or city dollars.

In another neighborhood of rapid market rate development an urban planner and member of the Urban Forestry Commission, David Moehring, talks of efforts to encourage developers to look at alternative designs in order to save existing trees. The efforts don’t always gain traction with the Department of Construction and Inspection/DCI, but if neighbors are worried that new development will impact their own tree and critical root zone, they can appeal the decision and push for a new design. At least they could before the latest draft tree code eliminated most appeals. We walk behind new town homes and see one of two trees that were protected. “SO WHAT YOU’LL SEE NOW IS THEY BUILT THE 4 ROWHOUSES ALONG THE STREET WHICH IS THE INTENT OF THE CODE ANYWAY – THEY SHOVED IT BACK SO THE EXISTING TREE IN FRONT COULD BE MAINTAINED..SAME # OF DWELLINGS BUT THE TWO TREES REMAINED.”

But such outcomes are rare. A grove of trees next to another set of town homes was demolished. Moehring asked DCI to consider alternative designs drawn up by an architect.“BASICALLY THE CITY ALLOWED THEM TO PROCEED. INSTEAD OF LOOKING AT ALTERNATIVES THEY JUST WENT THROUGH AND CLEARED OUT EVERTHING.” Moehring and others say there’s a disconnect between policies that allow developers to clear cut a site in order to maximize a lots development potential and the city’s stated goal of balancing tree protections while supporting growth and density. For its part, DCI said via email that it “considered” this goal in its draft tree code and will continue to partner with the Urban Forestry Commission. DCI also noted that trees 12” in diameter would need to be replaced. But advocates say while its important to plant new trees, protecting existing mature trees is critical. Mature trees are climate warriors and essential infrastructure, much like water, electrical grids and sewers. Trees capture carbon and filter air. Their canopies buffers against extreme heat and cool neighborhoods and their roots reduce floods – things which new trees take decades to do. And of course, they provide habitat for birds – whose songs give joy in dark times. Meanwhile the Master Builders Association filed an appeal challenging the draft tree proposal. Until the appeal is resolved the City Council can’t act on the draft.

With engineering by Daniel Guenther, this is Martha Baskin reporting. -0-

Press Release – Seattle City Council Passes Tree Service Provider Registration Legislation

Press release
stevezemke@TreePAC.org
for immediate release:
Seattle City Council Passes TreePAC Priority Legislation to Increase Tree Protection in Seattle
 
The Seattle City Council today adopted legislation to require that Tree Service Providers working in Seattle be registered and certified to remove significant trees and do major pruning.
The ordinance passed was sponsored by Councilmember Alex Pedersen and Councilmember Dan Strauss. By a unanimous vote of Council member present, Council passes CB 120207 – AN ORDINANCE relating to land use and urban forestry; adding a tree service provider registration procedure and requirement .
Steve Zemke, Chair of TreePAC stated “We appreciate the City Council  taking action with this bill to increase tree protection. This is a good first step and we look forward to working with the Council to adopt a more comprehensive update of the Tree Protection Ordinance later this summer” Efforts to update the Tree Protection Ordinance have been going on for 13 years now after an interim draft was passed in 2009.
The goal of the adopted ordinance is to minimize the illegal cutting down of trees on private property that are protected by the existing Seattle Tree Protection Ordinance. The Seattle Department of Construction and Inspections (SDCI) will oversee the registration of Tree Service Providers and their meeting conditions in the just passed ordinance to be able to do tree work in Seattle. Registration will be required to be completed by Nov. 10, 2022. See summary and fiscal note here.
The new registration requirements are patterned after what the Seattle Department of Transportation (SDOT)  has been doing for the last 9 years. Spokane , Washington also has a similar program in place, to require registration of Tree Service providers doing any work on public trees in their city.
The state of Washington requires that a business be registered as a contractor if they deal with “Tree removal” – A contractor in this specialty falls and/or removes trees, stumps and/or branches on residential or commercial property or near a residential or commercial structure, outbuilding, or fence.” They also need to purchase a Washington Continuous Contractor Surety Bond in the amount of $12,000 for general contractors or $6,000 for specialty contractors. In addition, they need a general liability insurance policy in the amount of $200,000 liability and $50,000 property damage, or $250,000 combined single limit..
At least 8 other states require registration as a Tree Service Provider to do tree care work..  These states include – California, Connecticut, Louisiana, Maine, Maryland, Minnesota, New Jersey, and Rhode Island.
Seattle’s registration process will provide additional oversight in protecting Seattle’s trees and tree canopy.. It requires Tree Care Providers to acknowledge they are familiar with Seattle’s Tree Protection Ordinance and other related regulations. If a second violation of current rules and regulations occurs in any year, the Tree Service Provider will not be allowed to work in Seattle for the next year. The city will publish a list on line of Tree Service Providers registered to work in Seattle.
The just adopted Ordinance was only one provision of nine recommended for adoption in 2019 by the Seattle City Council in Resolution 31902. A draft bill from the Department of Construction and Inspection on meeting some of the provisions in Resolution 31902, was released in Feb. with a SEPA determination of non-significance (DNS). The DNS is being appealed to the Seattle City Hearing Examiner by The Master Builders Association of King and Snohomish Counties and several developers . Once this process is completed, the expectation and stated goal is that the City Council will take up this summer the adoption of a stronger tree ordinance.
The Seattle Urban Forestry Commission released a draft ordinance in 2019 – Tree and Urban Forest Protection Ordinance. . TreePAC is urging the Council to use this bill as the starting draft for a comprehensive update, instead of SDCI’s draft..

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