Help Save Seattle Trees During Development!
Comments needed on 2024 SDCI Omnibus Ordinance –
Seattle City Council Bill 120823
The SDCI 2024 “Omnibus bill” is coming up for a public hearing on Wed. Sept 4, 2024, at 2 PM in the Seattle City Council Land Use Committee. You can give public comments by registering online 2 hours before the meeting, attend the City Council in person and/or send an e-mail to Council@Seattle.gov
There are several areas where conflicting statements exist in the omnibus bill that need to be corrected relating to SMC 25.11 Tree Protection Ordinance.
Remove all language stating that “the basic tree protection area cannot be modified”.
The most glaring error has to do with having 2 definitions of what a tree protection area is.
- The SDCI 2024 omnibus bill needs to be corrected to remove all language or references that state “The basic tree protection area cannot be modified” including in Section 25.11.070.
The first definition in SMC 25.11.130 of the “tree protection area” is one used by the International Society of Arboriculture as well as the Northwest Society of Arboriculture. It is one that is flexible and designed to help save trees when possible. Its use and implementation are outlined in SMC 25.11.060 – Requirements for trees when development is proposed.
In SMC 25.11.130 definitions, the “tree protection area” is defined as “means the area surrounding a tree defined by a specific distance, in which excavations and other construction-related activities must be avoided unless approved by the Director. The tree protection area is variable depending on species, age and health of the tree, soil conditions, and proposed construction.”
The Master Builders via their attorneys, Helsell Fetterman, wrote in their May 23rd, 2023 letter to the Seattle City Council” urging a second definition – “basic tree protection area” using the radius of the tree protection area as 1 inch diameter of the tree equaling 1 foot of the radius area.” In a separate comment they recommended that “The basic tree protection area cannot be modified” which was incorporated in SMC 25.11.070 – Tree Protection on sites undergoing development in Neighborhood Residential, Lowrise, Midrise, Commercial, and Seattle Mixed Zones.
The full impact of that statement that “The basic tree protection area cannot be modified” is in contradiction to the Tree Protection Ordinance’s goal to protect as many trees as possible and SMC 25.11.060 which says the tree protection area can be reduced by the Director to save trees. The goal of the Master Builders was to allow developers to decide whether to remove Tier 2 trees rather than the city.
The problem is the language “The basic tree area cannot be modified.” turns the decision over to the developers as to whether to save Tier 2 trees on developing sites. Modifying the tree protection area as outlined in detail in SMC 25.11.060 would save more Tier 2 trees. Why is the city not acting in the public interest to save more large trees during development when it is possible by following the recommendations of how to create workable tree protection areas by the International and Pacific NW Society of Arboriculture rather than turning tree removal over to developers to decide?
SDCI actually agrees more trees could be saved when they state in in TIP 242A Seattle permits – Tree Requirements Associated with Development, dated July 8, 2024 that:
“A Tier 2 tree may be removed if necessary for the construction of new structures, vehicle and pedestrian access, utilities, retaining walls, or other similar improvements associated with development. Tree removal under this scenario will not be authorized if there are viable alternatives to proposed development that would allow retention of the tree including adequate protection of the tree during construction according to SMC 25.11.060.”
In the same tip in their Dec 18, 2023 version they stated:
“The basic tree protection area, delineated using the “trunk diameter method” to determine if Tier 2 tree removal is allowed, is likely larger than necessary to protect most trees during development and is not required during construction.”
“The area of the outer half of the tree protection area may be reduced up to 35%”
“Remember that the actual tree protection needed to protect the tree during development is always smaller than the basic tree protection area, leaving more room to fit your design on site.”
Remove 25.11.020 Exemption D in its entirety
- 25.11.020 Exemptions: D. ((Trees located in an Environmentally Critical Area)) Tree removal as part of an Environmentally Critical Area tree and vegetation plan as provided in 25.09.070 except that tree service providers conducting work on these trees must comply with the tree service provider registry requirements of Section 25.11.100.
This language “Trees located in Environmentally Critical Areas” was not in the previous ordinance (before the 2023 version) but is in the current version. It creates a whole new exemption to the ordinance. It emerged in one of the draft 2023 versions without public input and needs to be removed which is what the omnibus bill does. The whole Section D exemption should be removed. Why should removing and planting trees as part of a tree and vegetation plan be exempt from SMC 25.11?
Support following amendment in “SDCI Omnibus bill”:
- 25.11.060A.4.b the tree protection area shall not be reduced more than 35% of the outer half of the tree protection radius unless an alternative tree protection area or construction method will provide equal or greater tree protection and result in long-term retention and viability of the tree as determined by a certified arborist.
Remove the following amendment in the “SDCI Omnibus bill”:
- Footnote 1 in Table A for 25.11.050 In all other zones, all trees may be removed when development is proposed.
This is not a minor amendment but covers many other zones not mentioned in the Tree Protection Ordinance, including the Industrial Zone which has an exceptionally low tree canopy. There has been no analysis of the impact of this statement and the exclusion of trees in all other city zones from the requirements of the Tree Protection Ordinance. The fact that the other zones are not mentioned in SMC 25.11 means there is no requirement for tree replacement or in-lieu payments or requiring tree service providers removing trees in these zones being registered with the city.
The following statement in Table A for 25.11.050 Tier 2 trees during development – part of a permit needs to be amended to add SMC 25.11.060:
- “Approval for removal is part of overall development permit consistent with Sections 11.060, 25.11.070, or 25.11.080”
Add “trees” to applications for lot boundary adjustments
- SMC 23.28.020 – Application for approval of lot boundary adjustment
- A plot plan as appropriate showing the location and dimension of existing structures and trees in relation to the proposed lot boundary adjustment.
Steve Zemke