Seattle's 2023 Tree Protection Ordinance
The long awaited update to Seattle’s Tree Protection Ordinance was passed by the Seattle City Council May 23rd with a June signing ceremony and press conference planned by the mayor’s office. But there was no signing ceremony or press conference… the controversy around this legislation had already become the main story.
The Details
First, Some History
Controversy
Some Good Provisions
Fixes Urgently Needed
First, Some History
- First Tree ordinance passed 2001 (CM Jan Drago – sponsor)
- Exceptional Tree Director’s Rule –2008
- Interim Tree Ordinance 2009 (CM Richard Conlin – sponsor)
- Urban Forestry Commission (UFC) created 2009 (CM Nick Licata – sponsor)
- SDCI released 2 drafts of Tree Ordinance 2010/2011 to weaken tree protection
- 2017 draft Ordinance to weaken tree protection (CM Rob Johnson)
- 2019 draft Tree Ordinance by the Seattle UFC ignored by Council and Mayor
- 2022 draft Tree Ordinance released by Mayor Harrell
- 2023 The Master Builders of King and Snohomish Counties (MBAKS) challenged the draft and subsequently lost, having no evidence to support their assertions about the financial burdens of saving trees during development.
- 2023 The Mayor, with input from the MBAKS, amends the draft Tree Ordinance and sends it to the Council.
- May 2023 The Council amends the draft with more developer friendly provisions and passes the ordinance.
- May 2023 Mayor signs ordinance
- August 2023 New ordinance goes into effect. Building permits granted after July 31st will be impacted by the new ordinance. Since permits are good for 4 years, so many current projects are still operating under the old ordinance.
Controversy
Major Coup for the Developer Lobby
After the Master Builders of King and Snohomish Counties (MBAKS) lost their challenge to SDCI’s draft Tree Protection Ordinance because they could not produce evidence that saving trees decreases the availability of housing or increases cost, they essentially wrote the development-related parts of a new draft tree ordinance.
In the Press
- How Developers Helped Shape Seattle’s Controversial Tree Protection Ordinance Eric Scigliono /Investigate West /July 19,2023
- Seattle’s Heritage Trees and the New Tree Ordinance Eric Scigliano / Post Alley /July 25,2023
- Seattle City Council’s actions belie empty talk of saving trees Seattle Times, Editorial Board, August 23, 2023
- Inside the tumultuous debate behind Seattle’s tree ordinance Eric Scigliano / Crosscut / September 1, 2023
Some Good Provisions
- Reduced exceptional trees definition (Tier 2) from 30” Diameter as Standard Height (DSH) to 24” DSH
- Added tree groves (8 trees 12” DSH and larger) as exceptional trees (Tier 2) in ordinance
- Tree groves can cross property lines
- Grove remains a grove even if a tree or trees are removed during development
- Limited non-development tree removal to two 6-12″ DSH trees/3 years from 9 non-exceptional trees(old exceptional tree definition, so any trees < 30″ DSH) /3 years in NR, LR, MR, Commercial and Seattle MIxed Zones
- Registration of Tree Service Providers with SDCI, online reporting of removal of any trees 6+ inches DSH 6 business days prior to removal. Both for property owners and development. Tree Service Provider trucks must identify their company name on commercial vehicles and post a sign onsite during their work.
- Added Heritage trees as protected trees that cannot be removed unless hazardous or meet special requirements during development (only several hundred citywide – on SDCI map)
- Required tree replacement for hazard trees and pest infected trees >12” DSH
- States “The Director has authority to enforce provisions of this Chapter 25.11, issue permits, impose conditions and establish penalties for violations of applicable law or rules by the responsible party, establish administrative procedures and guidelines, conduct inspections and publish Director’s Rules that may be necessary to carry out the purposes of this Chapter 25.11”
On property undergoing development:
- All trees 6” DHB and larger must be on site plans (was 12” DSH in 2022 draft, 24” in 2009 draft)
- All trees 12” DSH and larger must be replaced either on site or pay an in-lieu fee (previously only exceptional trees and trees > 24” DSH were to be replaced if removed but while in ordinance since 2001 was never enforced)
- “In all zones Tier 1, Tier 2 and Tier 3 trees removed in association with development or because they are hazardous, infected by insects, pests or pathogens or are an invasive or nuisance…shall be replaced with one or more new trees …the tree replacement required shall be designed to result upon maturity, in a canopy cover that is roughly proportional to the canopy cover prior to tree removal”.
- “Lot coverage calculation shall not include any portion of a parcel containing a biodiversity area or corridor, riparian corridor, priority habitat, priority area setback, wetland, wetland buffer, or steep slope erosion hazard area, unless the Director has approved critical area reduction, waiver or modification pursuant to Chapter 25.09”
- All replacement trees planted citywide will be ‘on a web page through an online mapping tool by March 31, 2024 and are covered by a covenant for life of the tree
- Replacement trees must be maintained and watered for 5 years (was 3 years in 2022 draft and not mentioned in SMC 25.11 previously).
- Replacement trees that die within 5 years must be replaced (100% for 1 and 80% for more than 1)
- Put in ordinance and strengthened tree protection area requirements
- Tree Protection areas based on 1 foot radius increase per 1” diameter (2022 draft was based on canopy cover area)
- Tree protection areas for trees on adjacent properties that have roots extending to the building site
Fixes Urgently Needed
- An outside evaluation of the impact of the new Tree Protection Ordinance and Seattle’s tree canopy.
- Remove the 85% lot coverage guarantee for development in LR zone and 100% lot coverage guaranteed for MR zone, Seattle Mixed and Commercial zones.
- In the Neighborhood Residential zone: after the words “tree removal is necessary for the construction of new structures, vehicle and pedestrian access, utilities … associated with development” add back the words “that is approved as part of the building and grading permit.”
- Covenants should run for the life of the building (remove “or life of the tree”)
- Require developers to maximize the retention of all trees 6” DSH and larger not just during platting and short-platting, as now required.
- Require Tree Inventory and Tree Plan (Landscaping Plan) be done before any building permit is issued. Portland, Oregon requires this. Include all trees 6” DBH and larger.
- Require 20% for MF zones and 40% for NR zones Tree Retention and Tree Planting Areas like Portland, Oregon has set up as an option.
- Lower tree grove requirements to 6 trees from 8 trees 12” DSH and larger. Portland, Oregon grove size is 6 trees.
- Include street trees in tree grove definition.
- Require street trees be planted when ADU’s are built. Currently they are exempt.
- Require street trees be planted for any building addition over 100 square feet. Currently, it is only required for over 1000 square feet additions.
- Harrell’s One Seattle Tree Fund for in lieu fees needs to be in the Ordinance.
- Time frame to update in-lieu fees, should be at least every 2 years in budget process.
Start $17.87/square inch diameter at 12” DSH not 24” DSH. Ordinance says only $2800 for any 12- 24 inch DSH trees while Parks says $4000 is their cost to plant and maintain tree for 5 years. Adopted in-lieu fee in Director’s Rule is higher than last year. - Spell out zones not covered by ordinance rather than say “all other zones” are exempt from ordinance. Add industrial zone to ordinance.
- A covenant is required for any tier1, 2 or 3 tree that is saved or replaced and it will be recorded in the king county recorders office.
Action Needed
- Support the petition to the WA State Growth Management Hearings Board to ensure the City meets the City’s current Comprehensive Plan goal of 30% tree canopy by 2037, as required by the WA Growth Management Act (GMA). Find out how you can help: click Seattle Needs Trees
- Support and help elect Seattle City Council Candidates who support trees and our urban forest. Here is a list of the candidates, their campaign contact information, and their completed TreePAC questionnaires. Contact their campaigns (via email, phone or contact forms on their websites) and let them know that you support the requirement that developers maximize the retention of existing trees on site, by modifying their plans (by building-up or by using alternative site plans) to save more trees. Feel free to include other items from the “Fixes Urgently Needed” section above.
- Contact the current City Council, Mayor and/or staff.
- All council members can be reached by emailing council@seattle.gov. Mayor Harrell can be reached here.
- SCC Insight – info on getting messages to the council
Like the message above for the candidates, let them know that you support the requirement that developers maximize the retention of existing trees on site, by modifying their plans (by building-up or by using alternative site plans) to save more trees. Feel free to include other items from the “Fixes Urgently Needed” section above.
