Fulton County Georgia, from LSU. Edu greenlaws
http://www.design.lsu.edu/greenlaws/modeltree.html
Ordinance Spotlight:


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From Tips for the Municipal Arborist, edited by Leonard E. Phillips, Jr. 

Tree preservation ordinances have been developed to protect trees on private property.

They are developed as a city ordinance or by-law, zoning article, or subdivision regulation.

According to statistics generated by ACRT, 14% of 946 cities surveyed in the United States

have tree preservation ordinances. 

Tree preservation ordinances can vary from the very simple to very complex plans. A simple

ordinance is similar to the Village of Lake Grove, New York, which pertains to the removal

 of trees on a single lot. This law indicates that the Building Inspector will issue a permit

 to remove anything larger than a 4" tree. This permit is issued because a tree is within the

building area and interferes with the construction. No other trees can be removed. 

Other ordinances can be quite complicated. The below sample tree ordinance has been edited to

serve as an amendment to a municipality zoning by-law or ordinance; it is considered one of

the best in the United States and was originally written for Fulton County, Georgia. 

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Advantages: These ordinances are particularly useful in cities that are rapidly growing and

have at least several subdivisions being built annually. The purpose of these ordinances is to: 

1. Insure a given percent of forest in new development projects. 
2. Prevent clear cutting of bolcks of land that are useful for buffer, screening, or

view enhancement. 
3. Control runoff, soil erosion and drainage on abutting land. 
4. Minimize temperature elevation, decrease air pollution, and lower carbon dioxiode

levels on land that could become defoliated by development. 
5. Protect and enhance the aesthetic values of a city on developable sites. 
6. Enhance the value of the land and all its' trees. 
7. Educate developers as to the value of trees and how to protect and preserve them

during construction, 
8. Protect mature and significant trees. 
9. Define the permits, fees, penalties, and other legal requirements necessary to preserve

the forest.

Disadvantages: Many people, planners as well as environmentalists however, feel that a tree

preservation ordinance is one step too far toward "Big Brother" control and hindering a

person's right to develop their land as they wish. 
However, the citizens of a city have given their government the power to control development

 on private land; zoning regulations set the precedent of a government's desire to protect

the community with controlled land development. Zoning controls land use, while the tree

preservation ordinance is intended to protect the natural resources of a site during the

construction period. If a site developer is willing to accept zoning regulations pertaining

to the use of her/his land, s/he should be willing to accept the tree preservation regulations

 pertaining to environmental protection during the development process. 

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SAMPLE TREE PRESERVATION ORDINANCE


1. INTENT: 

It is the intent of these regulations to provide standards for the preservation of trees as

part of the land development and buildin construction process for the purpose of making

[insert City Name] (hereafter called the City) a more attractive place to live, to protect

the water courses and ecology, provide a healthy living environment, and to better maintain

control of flooding, noise, glare, and soil erosion. Any development requiring the removal of

 trees, any grading and/or clearing operation requires a land disturbance permit before any

work begins. 

 

2. BENEFIT OF TREES: 

Trees provide beneficial oxygen while reducing the levels of harmful carbon dioxide.

They reduce air pollution, purify water and stabilize the soil. Trees provide wildlife

habitat and shade, cool the land, reduce noise, and provide an aesthetic value to the land.

The protection of trees throughout this City is vital to the survival of our residents and

protection is necessary for every tree in the City. 

 

3. DEFINITIONS: 

As used in this ordinance, the following words shall have their respective meanings: 

Buildable area: the portion of a lot which is not located within any minimum required yard,

 landscape area, or buffer, i.e., that portion of a lot wherein a building may be located. 

City: The City known as [insert City Name]. 

Land disturbance permit (development permit or vegetation removal permit): a permit issued

by the City that authorizes the commencement of development on a given tract of land. 

Landscape plan: A plan that identifies area of tree preservation and methods of tree protection

 within the protection zone, as well as all areas of replanting. Within replanting areas, the

 common and botanical names of the proposed species, the number of plants of each species, the

 size of all plant materials, the proposed location of all plant materials, and any unique

features of the plant materials shall be indicated. 

Municipal Arborist (or other title appropriate for the City): The agent of the City having

 prmary enforcement responsibilities under this ordinance and charged with the responsibility

for approval of all landscape plans for land development in the City required pursuant to this

ordinance. 

Protected zone: All lands that fall outside the buildable area of a parcel, all areas of the

parcel required to remain in open space, and all areas required as landscaping strips according

 to provisions of the City ordinance, zoning regulations, conditions of zoning approval, or the

 City's subdivision rules and regulations. 

Protected tree: Any tree which has been determined by the Municipal Arborist to be of high

 value because of its type, size, age, or other professional criteria, and has been so

designated. 

Tree: Any self-supporting woody perennial plant which has a trunk diameter of two (2) inches

 or greater measured at any point six (6) inches above ground level and which normally obtains

 a height of at least ten (10) feet at maturity. Certain species (defined by the City) shall

also be protected regardless of the size. 

Zoning Regulations(ordinance or subdivision rules): The City's Zoning Resolution as amended

or other such regulations subsequently adopted by the City Council, inclusive of conditions

 of zoning approval established pursuant thereto. 

All other terms: All other words or phrases as appropriate to the context of their uses shall be interpreted as defined elsewhere within the City's regulations.

 

4. APPLICABILITY: 

The terms and provisions of this Ordinance shall apply to any

activity on real property sites of one acre or larger and any

activity that requires the issuance of a Land Disturbance Permit, wetlands protection or conservation permit, building permit or subdivision permit within the City, but excluding the construction of individual single family detached and duplex dwellings. No land disturbance permit shall be issued by the City without is being determined that the proposed development is in conformance with the provisions of these regulations. 



 

5. PERMIT PROCEDURE: 

Any person wishing to develop a site in the City shall conform to the following procedures:



A.All applications for a Land Disturbance Permit shall provide a landscaping plan and other

documentation as required below (and applicable) for all areas of the parcel being developed

 withing a protected zone as part of such application submitted to the City. B.All plans should

contain the following information: 
1. shape and dimensions of the lot and proposed structures 
2. precise location of all trees correctly identified as trees to remain, be transplanted,

and be removed 
3. procedures or techniques for the protection of existing trees during construction 
4. location of setbacks according to Section 6.C. 
5. proposed grade changes, all erosion control devices, site run-off control, and drainage

problems C.All landscape plans and related documentation shall be reviewed by the Municipal

Arborist for conformance to the provisions of these regulations and either approved, returned for revisions, or denied within 30 days of receipt. The Municipal Arborist should also have a set of guidelines or standards available to judge all plans and documents in a fair and reasonable manner. If denied, the reasons for denial shall be annotated on the landscape plan or otherwise stated in writing. D.Issuance of the Land Disturbance Permit shall constitute an approval of the required landscape plan and conformance to the provisions of these regulations. E.Fees (set by the City) to cover the administrative costs may be charged. 

 

6. REMOVAL OF TREES AND REPLACEMENT LANDSCAPING: 

1.The first priority is to protect all trees on the site whenever possible. The trees

to be saved should be protected with fences, signs, ropes, etc., to protect the root

zones as well as the tree trunks and branches. Transplantable trees in the non-protected

zone should be moved into the protected area either permanently or during the construction

period for later moving to their permanent sites within the construction area. 2.Trees

are not to be removed from in the protected zone unless the owner/developer documents an

economic hardship if the trees in the protected zone were to be preserved. Said documentation

shall be submitted as part of the application for a Land Disturbance Permit. Diseased or

 damaged trees and trees that pose a safety hazard to pedestrians, vehicles, buildings,

utilities, or block access to the site may be removed. Nothing in these regulations shall

 be construed to allow the removal of vegetation in a natural, undisturbed buffer required

by zoning regulations. 3.When no trees are present in the protected zone, or the existing

trees are unhealthy and not worth saving, or when it is proposed that any portion of the

protected zone be disturbed, it shall be the responsibility of the owner/developer to

landscape said areas (where improvements are not constructed) with trees or other plant

materials subject to zoning regulations, or in lieu thereof, administrative standards

established by the City. The extent of landscaping shall be established by the City in

terms of trees or shrubs per 1,000 square feet, or per parking space, or building square

feet, etc. 4.When grading is to occur outside of the buildable area on a parcel or when

the buildable area leaves no protected zone adjacent to a property line, the minimum

following landscaped areas shall be established along peripheral property lines unless

zoning regulations require more: 




  


Location

 

 Landscape AreaFront 40 feetSide 10 feetSide (corner) 40 feetRear 10 feet

 

1.Said landscape areas shall be landscaped pursuant to zoning regulations, or in lieu thereof,

 administrative standards established by the Municipal Arborist. Hay bales and/or siltation

fences shall be used to protect all disturbed areas from soil erosion. The disturbed area

shall be seeded as soon as possible after disturbance to prevent erosion. 2.Notwithstanding

any of the other requirements of these regulations, it shall be unlawful to remove a specimen

 tree without the express written permission of the Municipal Arborist. Administrative

 standards may be established by the Arborist for the identification, preservation, and

protection of specimen trees. 3.This regulation does not apply to trees less than

two inches in diameter, hazardous species as defined by the Municipal Arborist, government

employees operating in a declared emergency, nurseries growing trees and tree farms.  This

 regulation does not require permits from public agencies and utility companies. 4.Prior

to removal, all trees must be flagged and the clearing areas identified for field inspection

 by the Municipal Arborist or other approved representative of the City. 5.A "tree bank" may

 be set up by the City to receive any surplus trees that may be desirable but have to be

removed from the disturbed areas.  These trees will be dug and replanted at City expense

within 30 days of the the date of the approved plan. 

7. ENFORCEMENT: 

It shall be the duty of the Municipal Arborist to enforce this Ordinance.  The Arborist

shall have the authority to revoke, suspend, or void the Land Disturbance Permit and shall

have the authority to suspend all work on a site or any portion thereof.

8. VIOLATIONS AND PENALTY: 

No person shall remove any wood, trees, bushes, or other flora from any property within the

City limits without the express written consent of the fee owner of said property.  Any

person, firm, or corporation violating any of the provisions of this Ordinance shall be

deemed guilty of a misdemeanor and subject to a $1,000 fine.  Each day's continuance of

the a violation and each tree removed shall be considered a separate offense.  The owner

 of any property wherein a violation exists, and any builder, contractor, or agent who

may have assisted in the commission of any such violation, shall be guilty of a separate

offense.  In addition to the fine and/or one year in jail, the CIty would also have the

ability to deny that applicant any application for land use, development, or other activity

on this site for a period of five years.

 9. APPEAL: 

1.Any person aggrieved or affected by any decision of the Municipal Arborist relating to the

 application of these regulation may appeal to the City (Zoning Board or City Council) for

relief or reconsideration.  THe appeal by the person aggrieved or affected by any decision

of the Municipal Arborist relating to the application of these regulations must be filed

within 30 days of the decision. 2.Appeals shall only be granted for errors of interpretation

or where the unique natural features of the site are such that application of these regulations

 would create undue hardship to the property owner, an in other instances where undue hardship

is created for the owner of the property.

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