Planning, Land Use & Zoning Committee - Tree Ordinance Discussion

Mayor	Bruce Harrel	Bruce.Harrell@seattle.gov	206-684-4000
Council President	Debora Juarez	Debora.Juarez@seattle.gov	206-684-8805
Council Citywide	Sara Nelson	Sara.Nelson@seattle.gov	206-684-8809
Council Citywide	Teresa Mosqueda	Teresa.Mosqueda@seattle.gov	206-684-8808
Council Dist 1	Lisa Herbold	Lisa.Herbold@seattle.gov	206-684-8801
Council Dist 2	Tammy Morales	Tammy.Morales@seattle.gov	206-684-8802
Council Dist 3	Kshama Sawant	Kshama.Sawant@seattle.gov	206-684-8803
Council Dist 4	Alex Pedersen	Alex.Pederson@seattle.gov	206-684-8804
Council Dist 6	Dan Strauss	Dan.Strauss@seattle.gov	206-684-8806
Council Dist 7	Andrew Lewis	Andrew.Lewis@seattle.gov	206-684-8807
City of Seattle	Trees for Seattle	TreesforSeattle@seattle.gov	206-684-TREE (8733)
DCI Director	Nathan Torgelson	Nathan.Torgelson@seattle.gov	206-684-0343
OSE Director	Jessyn Farrell	Jessyn.Farrell@seattle.go	206-256-5158
Urban Forestry Commission Coordinator	Patti Bakker	Patricia.Bakker@seattle.gov
City Attorney	Ann Davison	Ann.Davison@seattle.gov	206-684-8200
City Auditor	David Jones	DavidG.Jones@seattle.gov	206-233-1095

Please adopt, with the amendments recommended by the Seattle Urban Forestry Commission, SDCI’s Director’s Rule 13-2020 (Designation of Exceptional and Significant Trees, Tree Protection, Retention, and Tree Removal during land division, including tree service provider requirements).

Seattle must move forward now, without the delay urged by some, in adopting this updated Director’s Rule with the amendments proposed below. This process of increasing protection for our urban forest was first proposed by the Seattle City Council 11 years ago and is long overdue.

The following updates as proposed in the draft Director’s Rule are great steps forward:

Reducing the upper threshold on exceptional trees to 24 inches in diameter at standard height (DSH) from 30 inches
Designating trees 6 inches DSH and larger as protected trees, starting in the platting and short platting process
Requiring Tree Care Providers to register with the City as the Seattle Dept. of Transportation already requires
Continuing protection of tree groves as exceptional trees, even if a tree is removed from the grove
Making clear that all exceptional trees removed during development must be replaced per SMC 25.11.090
Tightening tree removal requirements for exceptional trees as hazard trees

The following changes to the draft Director’s Rule are needed:

Change Subject Title to remove words “land division” and replace with “Development”
PURPOSE AND BACKGROUND. add “SMC 23 requires that all trees 6 inches DSH and larger must be indicated on all site plans throughout the platting and sub-platting process, and that projects must be designed to maximize the retention of existing trees. This requirement continues throughout any subsequent development on all lots in all zones in the city.”

SECTION 1. Reduce the number of trees and sizes required to be a tree grove. Kirkland, Woodinville, and Duvall all define a tree grove as “a group of 3 or more significant trees with overlapping or touching crowns.” Include street trees in groves.
Add “Significant trees may become exceptional as they grow in size. They are future replacements in the urban forest for exceptional trees when they die. Development projects must be designed to maximize the retention of both exceptional and significant trees to maintain a diversity of tree species and ages.”
Add “All replacement trees regardless of size are protected trees and can’t be removed.”
SECTION 2. Change the heading to “TREE PROTECTION”. Remove references to “Exceptional Trees” only and change to “Trees”. e.g., change “Exceptional Tree Protection Areas” to ”Tree Protection Areas”.
SECTION 4. Add “The Director shall have the authority to allow replacement trees on both public and private property to meet the goals and objectives of race and social justice under Seattle’s Equity and Environment Initiative.”
Under SMC 25.11.090 the Director has the authority to require “one or more trees” to be planted as replacement trees for removed exceptional trees during development. The number of trees required should increase with the size of the tree removed, with a goal to achieve equivalent canopy area and volume in 25 years. Any in-lieu fee must also rise as the size of the removed tree increases. The city can not wait 80 years to replace an 80-year-old western red cedar tree and expect to maintain its canopy goals as large exceptional trees are removed during development.
SECTION 5. SEPA requirements under SMC 25.05.675 N are for protecting special habitats and need to be considered at the beginning of the development process. The language of this SEPA code section should be included in the Director’s Rule to be certain that the code is complied with.
SECTION 6. SDCI should adopt SDOT’s registration process and requirements to assist Tree Care Providers in complying with city code and regulations. Reduce the number of citations that will remove a Tree Care Provider from being registered with the city to no more than 2 per year. Require annual registration same as Seattle business licenses require. Require that Tree Care Provider companies have a WA State contractor’s license to ensure they have workers’ compensation. Require they have a certificate of insurance that lists the city as an additional insured so the city cannot be sued. Require that all jobs either have a certified arborist on the work site or that they have visited the site and officially sign off on the specific work being done.

Default letter preview

Seattle’s trees and urban forest are vital to keeping our city healthy and livable. Trees and the urban forest comprise a vital green infrastructure. Trees reduce air pollution, storm water runoff and climate impacts like heat island effects, while providing essential habitat for birds and other wildlife. They are important for the physical and mental health of our residents.

Seattle’s rapid growth and an outdated tree ordinance are reducing these beneficial effects as trees are removed and not replaced. It is urgent to act now to stop this continued loss of trees, particularly large mature trees and tree groves. It is important to promote environmental equity as trees are replaced.

Please update Seattle’s Tree Protection Ordinance as recommended in the latest draft by the Seattle Urban Forestry Commission.

Here are the key provisions that need to be in the updated tree ordinance:

1. Expand the existing Tree Removal and Replacement Permit Program, including 2-week public notice and posting on-site, as used by the Seattle Department of Transportation (SDOT) – to cover all Significant Trees (6” and larger diameter at breast height (DBH)) on private property in all land use zones, both during development and outside development.
2. Require the replacement of all Significant Trees removed with trees that in 25 years will reach equivalent canopy volume – either on site or pay a replacement fee into a City Tree Replacement and Preservation Fund. Allow the Fund to also accept fines, donations, grants and set up easements.
3. Retain current protections for Exceptional Trees and reduce the upper threshold for Exceptional Trees to 24” DBH, protect tree groves and prohibit Significant Trees being removed on undeveloped lots.
4. Allow removal of no more than 2 Significant non-Exceptional Trees in 3 years per lot outside development
5. Establish one citywide database for applying for Tree Removal and Replacement Permits and to track changes in the tree canopy.
6. Post online all permit requests and permit approvals for public viewing.
7. Expand SDOT’s existing tree service provider’s registration and certification to register all Tree Service Providers (arborists) working on trees in Seattle.
8. Provide adequate funding in the budget to implement and enforce the updated ordinance.

Mayor	Jenny Durkan	jenny.durkan@seattle.gov	206-684-4000
Council President	Lorena Gonzalez	Lorena.Gonzalez@seattle.gov	206-684-8809
Council Citywide	Teresa Mosqueda	Teresa.Mosqueda@seattle.gov	206-684-8808
Council Dist 1	Lisa Herbold	Lisa.Herbold@seattle.gov	206-684-8801
Council Dist 2	Tammy Morales	Tammy.Morales@seattle.gov	206-684-8802
Council Dist 3	Kshama Sawant	Kshama.Sawant@seattle.gov	206-684-8803
Council Dist 5	Debora Juarez	Debora.Juarez@seattle.gov	206-684-8805
Council Dist 5	Alex Pedersen	Alex.Pederson@seattle.gov	206-684-8804
Council Dist 6	Dan Strauss	Dan.Strauss@seattle.gov	206-684-8806
Council Dist 7	Andrew Lewis	Andrew.Lewis@seattle.gov	206-684-8807
City of Seattle	Trees for Seattle	TreesforSeattle@seattle.gov	206-684-TREE (8733)
DCI Director	Nathan Torgelson	Nathan.Torgelson@seattle.gov	206-684-0343
OSE Director	Jessica Finn Coven	Jessica.finncoven@seattle.gov	206-256-5158
Urban Forestry Commission Coordinator	Sandra Pinto de Bader	Sandra.Pinto_de_Bader@Seattle.gov
City Attorney	Pete Holmes	Peter.Holmes@seattle.gov	206-684-8200
City Auditor	David Jones	DavidG.Jones@seattle.gov	206-233-1095

Your letter will be sent to:

Mayor Jenny Durkan
Council President Lorena Gonzalez
Councilmember Lisa Herbold
Councilmember Debora Juarez
Councilmember Andrew Lewis
Councilmember Tammy Morales
Councilmember Teresa Mosqueda
Councilmember Alex Pedersen
Councilmember Kshama Sawant
Councilmember Dan Strauss
Dept of Construction&Inspections (SDCI) Director Nathan Torgelson
Office of Sustainability&Environment (OSE) Director Jessica Finn Coven
Urban Forestry Commission Coordinator Sandra Pinto de Bader
City Attorney Pete Holmes
City Auditor David G. Jones

On March 18, 2019 the Seattle City Council passed CB 119444 – Mandatory Housing Affordability (MHA) legislation.

As part of that legislation they 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.

Full article here

PER CITY COUNCIL REQUEST, THE URBAN FORESTRY COMMISSION (UFC) PROVIDED LINE-ITEM INPUT TO
THE VERSION D7 OF THE DRAFT LEG TREE REGULATION UPDATES ORDINANCE.
This document is a deliberative draft used by the UFC to guide the June 14, 2019 conversation with City
Council and Council Central Staff

Outline of Revisions to SMC 25.11 – Tree Protection Ordinance by Seattle Urban Forestry
Commission 6/14/2019 draft

a. Council draft D7 is renamed to cover Tree and Urban Forest Protection and Land Use Regulations
b. Any tree 6 inches DSH or larger is defined as a significant tree and is covered by this ordinance
c. A Tree Removal and Replacement Permit is required to remove and replace any significant tree
d. Trees removed must be replaced on site or a fee in lieu paid into a Tree Replacement and Preservation Fund
e Fee in-lieu is based on size of tree removed and 5 year establishment period
f. Criteria are developed for non-development related and development related permits.
g. Reduced the upper threshold for exceptional trees from 30“ DSH to 24”DSH.
h. Reduced the number of significant non-Exceptional trees that can be removed to 2 in 36 months
i. Tree Care Professionals must be registered with SDCI

UFC recommends a low permit fee (such as $75) for non-development related tree removal and a higher based fee plus hourly for development-related permits that will require arborist review and other review.

UFC recommends in-lieu fee for replacement tree planting increase with the size of the tree removed

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Planning, Land Use & Zoning Committee – Tree Ordinance Discussion

Published by DontClearcutSeattle on December 4, 2019December 4, 2019

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