Private Property Tree Protection Measures in Canadian Municipalities and US Cities

Bookmarked Contents:

Ontario Bylaws

Bookmarked contents:

Aurora http://www.town.aurora.on.ca/app/DocRepository/1/ResidentServices/P/4474-03D%20Tree%20Permit%20By-law.pdf (similar to Mississauga)

"WHEREAS the Council of The Corporation of the Town of Aurora recognizes the ecological and aesthetic value of trees and is desirous of managing the injury and destruction of trees;
AND WHEREAS Section 135 (7) of the Municipal Act, 2001, R.S.O. 2001, c. 25 provides that a by-law passed may require a permit be obtained to injure or destroy
trees and to impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroys trees;
AND WHEREAS section 135(1) of the Municipal Act, 2001 authorizes a local municipality to prohibit or regulate the injuring or destruction of trees; ...
This By-law shall apply to all private property in the Town....
PERMIT REQUIREMENTS AND EXCEPTIONS
3. (1) No person shall injure or destroy five (5) or more trees each with either a tree diameter greater than 20 cm or a base diameter greater than 40 cm on a lot within any one year period without first obtaining a permit pursuant to this By-law."

Brampton - (specific to new development) http://www.brampton.ca/cd2001/03_21_05.tml

"City Council will consider a tree preservation by-law, pending a report from staff. The City of Brampton has an existing by-law to prohibit or regulate the destruction of trees within woodlots. However, this by-law does not apply to trees on private property in urban areas. The purpose of a tree preservation by-law on private property is to prevent damage and destruction of trees through a permit process and enforcement. If a by-law is implemented, residents, property owners and developers would be required to apply to the City for a permit to remove or damage trees of a specific size, species and/or condition. Special consideration would be given to trees on historic downtown properties, heritage sites or environmentally sensitive areas. The by-law would require routine tree maintenance. The City of Brampton would provide inspections by qualified arborists and administrative resources to process applications. The by-law would be enforced if violations occurred. According to staff, this service would be required seven days a week from eight to 14 hours per day. City staff has reviewed tree preservation by-laws from the Cities of Toronto and Mississauga and information gathered from other municipal arborist

Cambridge (specific to new development) http://www.city.cambridge.on.ca/relatedDocs/TREE%20Management%20Policies.pdf

"TREE MANAGEMENT POLICIES AND GUIDELINES FOR NEW DEVELOPMENTS (April, 1999 – Revised February, 2002 "Urban development is preceded by site clearing and grading which results in removal of trees and vegetation from the urban forest. Through the use of Tree Management Policies and Guidelines for New Developments, the City of Cambridge aims to reduce the amount of removal of vegetative cover that occurs during development. This is done by requiring that developers of subdivisions and site plans consider opportunities to maintain and enhance on-site vegetation in conjunction with site development. A three phase approach to tree management during development is outlined, with the use of security deposits to ensure planned approaches are undertaken." ..."where warranted by the presence of existing trees and other vegetative cover, proponents of draft plans of subdivision, consents and site plans are required to complete a General Vegetation Inventory and Analysis as part of the development application...The detailed inventory is to consist of all trees having a minimum D.B.H. of 10 cm in residual areas that may be potentially affected by site clearing, grading or any other construction operation. This will include, but is not limited to trees within 15 m of any newly proposed woodlot edge; trees occurring on lots or blocks as individual specimens; hedgerows; or small groups of trees. Rare or unusual trees must also be identified."  ..."A Tree Preservation/Compensation Plan will only be required for lots on which the developer/builder requests to build a structure that is deeper on the lot than that approved on the Detailed Vegetation Plan and/or revised grading will have an adverse effect on the Detailed Vegetation Plan where the Detailed Vegetation Plan has identified that there are trees to be retained."

Guelph http://guelph.ca/uploads/PDF/By-laws/trees.pdf

"NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF GUELPH enacts as follows:
1. THAT it shall be an offence to injure or destroy any live tree in the City of Guelph without the written approval of the City Engineer. Each live, injured or destroyed tree shall be considered a separate offence
2. Definitions
i) Tree, means and includes any Deciduous or Coniferous growing tree that has a minimum height of 4.5 metres (15 feet) and a minimum diameter of 75 millimetres (3 inches) at a point one metre above ground level.
3. THIS by-law shall not
a) interfere with any right or power conferred upon The Corporation of the City of Guelph by the Municipal Act or any other Act.
b) interfere with any right or power of Ontario Hydro that is performing its functions for or on behalf of the Crown.
c) apply to trees growing on any highway or upon any open road allowance.
d) apply to trees growing on any separately assessed parcel of land with an area of less than 30,000 square feet.
e) apply to specific trees where of necessity must be removed, destroyed in order to erect or demolish any building, structure or thing in respect of which a permit has been issued under the Building Code Act.
f) apply to trees planted for production of Christmas trees.
g) apply to trees cut by an Ontario Land Surveyor, registered under the Surveyors Act or any person in his employ while making a survey.
h) apply to any trees growing on land owned by Her Majesty the Queen in Right of the Province of Ontario or in the Right of the Dominion of
Canada.
i) apply to any trees growing on any land of the University of Guelph occupied and used by the University for its own purposes; land owned by the Guelph Cemetery Commission or lands owned by the Roman Catholic Episcopal Corporation, Diocese of Hamilton, used for cemetery purposes.
j) apply to the cutting or removal of diseased or insect-infested trees which must be cut or removed in order to prevent contamination or infestation of
other trees.
k) apply to the cutting or removal of substantially damaged trees which no longer contribute to tree conservation.
l) apply to the cutting or removal of trees growing on necessary access trails and walkways.
m) apply to the clearing and thinning of trees for the purposes of stimulating tree growth and improving the quality of woodlots without permanently breaking the canopy."

Pickering (protection of trees along watercourses) http://www.cityofpickering.com/standard/cityhall/bylaws/images/TreeProtection.pdf

"WHEREAS pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a
local municipality may prohibit or regulate the destruction or injuring of trees; and
WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a permit fee and fines for violation of the by-law and that the by-law clearly outline very limited circumstances where the felling of healthy trees would be permitted; and.."

Kingston (provides tree protection only during development process) http://www.cityofkingston.ca/pdf/bylaws/bl_2005-289.pdf

"In recent years several complaints have come forward from residents concerned about the mass destruction of trees across the municipality, a practice commonly referred to as clear-cutting. Residents asked the city to consider a tree conservation by-law. Under the Municipal Act, City Council can enact a by-law to prohibit and regulate the destruction or injury of trees. After much public consultation a Tree Conservation By-law was passed by City Council on November 22, 2005.Under the Tree Conservation By-law, a permit will be required as part of the planning process before any trees are destroyed or injured in planned development areas. There are several exemptions listed in the By-law, including trees on residential lots, trees less than 15 cm (6 inches) in diameter, clearing for the purposes of normal farm practices, tree trimming for safety reasons (including pruning) and those activities of organizations permitted under legislation."

Excerpts from Bylaw

“Tree” means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity.Except as provided in Section 4 of this By-law, no person shall, through their own actions or through any other person, destroy or injure any living tree located in the City of Kingston unless:
4. This By-law does not apply to: [a long list]
(a) the injuring or destruction of a tree(s) that is less than 15 cm (150 mm) DBH;
(b) the injuring or destruction of a tree(s) that is required in accordance with good forestry practices for a landowner’s personal use;
(c) the pruning of tree branches in accordance with good arboricultural practices to maintain tree health;
(d) the injuring or destruction of a tree(s) located within the limits of any residential lot existing and developed as of the date of passage of this by-law;
...(k) the injuring or destruction of a tree(s) imposed as a condition to the approval of a site plan, plan of
subdivision, or consent under Section 41, 51, or 53 respectively of the Planning Act or as a
requirement of a site plan agreement or subdivision agreement entered into under those Sections;
...(p) the injuring or destruction of a tree(s) that is required in order to erect any building, structure, or
thing in respect of which a building permit has been issued provided that no tree is destroyed or
injured that is located more than fifteen (15) metres from the outer edge of the building, structure or
thing;

Mississauga http://www.mississauga.ca/portal/residents/urbanforestry?paf_gear_id=9700018&itemId=300012

"Trees provide a wide variety of benefits to the community and enrich our lives. Some of these benefits include reduce air pollution, production of oxygen, noise abatement, reduce soil erosion, bird and wildlife habitat, and increased property values.
With these factors in mind, the City has passed a By-law (By-law 0474-2005) regulating the removal of trees on private property. The By-law states that property owners require a permit to remove 5 or more trees that are 15cm (6in) in diameter or larger from their private property in a calendar year. That means, you can remove 4 trees of any size from January to December.
Fees & Charges for Tree Permit/Tree Removal Permission:
$0: If all trees are considered by the Forestry Section as dead, dying or hazardous.
$250: For the removal of five (5) trees, each with a diameter greater than 15 cm (6 in) plus $50 for each additional tree with a diameter greater than 15 cm to a maximum of $1,000.
If you are removing more than four trees or require further information, please call the Private Tree By-law Section with the Urban Forestry Unit at 905-615-4100. For more detailed information online visit the Tree Permit Process Details PDF below. http://www.mississauga.ca/ecity/download/;jsessionid=1EPVLKPMFVI2ZTRPH3XCFEWOF25W4JVC?repositoryKey=Ecity&itemDesc=file&dataName=data&mimeTypeName=mimeType&id=4200204 "

Richmond Hill The By-law regulates the destruction or injury of trees on private land  http://www.richmondhill.ca/subpage.asp?pageid=tree_preservation_bylaw 

"The By-law requires that you obtain a permit before injuring or destroying any tree on private property in the Town of Richmond Hill with a diameter of 20 cm or more at breast height (1.4 metres)."

"Yes, there are exemptions. In certain circumstances you do not need a permit, for example, you do not need a permit to remove dead, diseased or hazardous trees. In such cases, you must submit an Arborist Certificate, prepared by a Certified Arborist, to the Parks, Recreation and Culture,"

Toronto http://www.toronto.ca/trees/private_trees.htm

Excerpt from Trees on Private Property 

"Effective September 30, 2004, Toronto City Council enacted a City-wide By-law to protect trees situated on private property. This by-law is known as City of Toronto Municipal Code, Chapter 813, Article III, 'Tree Protection' and is commonly referred to as the City's "Private Tree By-law". This by-law regulates injury or removal of privately owned trees which measure 30 cm in diameter or more as measured at 1.4 m above ground level...In order to obtain a permit from the City of Toronto to injure or destroy a protected tree, you must submit a completed permit application and the required application fee to Urban Forestry Services at 18 Dyas Road, 1st Floor, Toronto Ontario M3B 1V5. The application fee for development related tree permit applications is $200/tree with no maximum fee. The application fee for non-development related tree permit applications is $100/tree to a maximum fee of $300....A permit is not required to remove trees which are dead, terminally diseased or hazardous. However, to confirm that a tree is exempt from the by-law due to its condition, a detailed arborist report must be faxed to Urban Forestry Services at 416-392-0963. You also do not require a permit to prune a tree in accordance with good arboricultural standards. For any tree work, we encourage you to retain the services of a Certified or Registered Consulting Arborist, a Registered Professional Forester or others with similar qualifications. You may find professional tree care companies listed under "Tree Service" in the Toronto yellow pages." http://www.toronto.ca/trees/pdfs/TreeProtSpecs.pdf Tree Protection Specs

Whitby (may or may not protect trees during development by requiring tree preservation plan )http://www.whitby.ca/upload/downloads/060303-40-337.pdf

“tree preservation plan” means a plan prepared by an arborist, a landscape architect, a forest technician, a forest technologist, a forest/wildlife ecologist, a managed forest plan approver, or a professional forester which determines trees to be preserved through an assessment process which identifies trees, shrubs and other specific areas of natural habitat and their ecological function or importance, and determines the impacts of development on the trees, shrubs, and other specific areas of natural habitat and their ecological function or importance and such plan shall determine mitigation measures and measures to protect and manage trees to be preserved and proper practices to remove trees to be destroyed;"

No person shall, within the boundaries of the Municipality , destroy or permit or cause to be destroyed any tree that is,
(a) located in a woodlot;
(b) located on lands designated "Major Open Space" or “Hazard Land” on Schedule A of the official plan;
(c) located on lands designated “Environmental Protection/Conservation Lands”,
“Major Open Space” or “Hazard Land” on Schedule P of the official plan;
(d) located within an area shown as “Mature Woodlands” or “Environmentally Sensitive
Area” on Schedule C of the official plan;
Page -5-
(e) identified as a tree for preservation in a tree preservation plan approved by the Director; or,
(f) located on lands designated “Residential” on Schedule A of the Official Plan which are 2.02 ha or greater in size,
without first obtaining a permit in accordance with this by-law.

Heritage Tree Bylaws:

Elora Heritage Tree Project http://www.ecee.on.ca/heritage.htm

Gananoque  http://www.gantree.ca/pages/whats.new.htm
"Heritage Trees. The Gananoque Council is in the process of considering a “made at home” by-law establishing a Heritage Tree program. To be a heritage Tree, it must be of significant age, size, species , rarity or historical connection. It can be on private or public property, and will receive recognition upon approval. It will also be guaranteed maintenance and a “protective review” before any removal is considered. A small plaque will identify a heritage tree, and it will be recorded in a Heritage Tree record book."

Thornhill Markham Heritage Conservation District Plant http://www.markham.ca/markham/resources/th_policies_060608.pdf

The preservation of mature vegetation is a major objective of the Markham District Plan. They have a Muncipal by-law 68-92, which provides control over Public Trees. However, they are working on provisions for trees in heritage conservation districts. Council has agreed in principal to a tree preservation bylaw which will require a heritage permit for the removal of trees greater than 2000mm calliper and as part of the application for removal an arborist's report with recommendations for trees to replace those removed is required. p. 43 Part B District Polity 

See Alberta's Heritage Tree Foundation http://www.heritagetreefoundation.com/

Bylaws impacting demolition permits:

Kitchener (bylaw requiring tree protection before issuance of demolition permit) http://www.kitchener.ca/pdf/building_bylaw.pdf

“Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall:a) be accompanied by a plan to confirm compliance with all zoning regulations and a detailed Grading and Drainage Control Plan including siltation, erosion control and tree protection measures to be approved by the Chief Building Official or the Director of Engineering (and the Regional Municipality of Waterloo or the Ministry of Transportation, if applicable), prior to the commencement of any site grading or demolition." (p26 of 32)

also KitchenerTree Protection (city trees) http://code.municipalworld.com/kitchener/690.pdf

There are dozens of bylaws protecting trees on large properties, in woodlots, and on public property

Ajax, Barrie, Brampton see above, Brant, Bruce, Caledon, Clarington, Dufferin, Durham, Elgin, Grey, Haldimand, Haliburton, Halton, Hamilton, Huntsville, Huron, Kawartha Lakes, Lambton , Lanark, Leeds & Grenville, London , Middlesex, Muskoka,  Newmarket,  Niagara, Norfolk, Northumberland , Oakville, Orillia, Oshawa , Ottawa , Oxford , Perth, City of Toronto, Simcoe  Waterloo, Wellington  Whitby, York

See - Woodlot Ontario - Tree Cutting Bylaws http://www.ontariowoodlot.com/.pdf/bylaw_leg_treecutting.pdf

Oakville  (http://www.oakville.ca/Media_Files/by-laws/TreeDestructionPrivateProperty2000-095.pdf )applies to woodlots on private property over one acre in size or .4 ha:

(a) For the purposes of this By-law a “woodlot” shall mean an area of any size with a density of tree that is not less than:

(1 ) 1000 trees of any size per hectare;

(2) 750 trees, measuring over 5 centimeters in dbh per hectare;

(3) 500 trees, measuring over 12 centimeters in dbh per hectare; OR

(4) 250 trees, measuring over 20 centimeters in dbh per hectare. 

interesting language:

Orillia TREE CONSERVATION BY-LAW, By-law 2006-160, a By-law to adopt Chapter 370 of the City of Orillia Municipal Code - Tree Conservation, was approved by City Council on October 2, 2006., This new By-law regulates the injury or destruction of trees within the City of Orillia on private properties of 1/2 hectare (1.2 acres) or larger by requiring prior approval of the Director of Planning and Development unless there is an existing executed Development Agreement in place.

Niagara Tree and Forest Conservation Bylaw
"The Region of Niagara Tree and Forest Conservation Bylaw was adopted by Regional Council on May 25, 2006. The Bylaw takes a new approach to the cutting of trees in the Woodlands of Niagara. A permit is required in most cases, although there are a number of exemptions where one is not required.
The intent in the Bylaw is to require cutting that uses Good Forestry Practices instead of the previous diameter or size limit approach. It has been proven through research that diameter or size limit cutting adversely affects the health of Woodlands and reduces the economic return to the owner. By properly managing Woodlands using Good Forestry Practices by qualified forestry professionals it is expected that the health and vigour of our Woodlands will improve over time."

See Grandriver Forest Plan for Table 4.1 2004 Summary of tree by-law requirements for selected jurisdictions Ch 35. http://www.grandriver.ca/forestry/ForestPlan_Ch35_Bylaws.pdf

Canadian Bylaws

British Columbia:

These links will take you to new website:

Richmond BC http://www.richmond.ca/services/environment/policies/treeremoval.htm

The City’s Tree Protection Bylaw No. 8057 generally prohibits the cutting or removal of any tree larger than 8 inches (20 cm) in diameter at breast height (dbh) without a permit. Key elements of the bylaw are summarized in our PDF Document Building Bulletin - Tree-1. For the full text of the bylaw, please refer to our Bylaws Chapter List, where it can be viewed, printed, or downloaded. Additional information on required tree fencing can be retrieved from PDF Document Protection of Existing Trees During Demolition and Construction

Protection of Existing Trees During Demolition and Construction: http://www.richmond.ca/__shared/assets/tree_315142.pdf
• To inform all applicants for Demolition, Development, Building or Tree Permits or Rezoning that these instructions apply once it has been determined which trees are to be retained.
Background: • Applicants shall not remove or cut any trees with a dbh of 20 cm or 7⅞ inches on the site until a Tree Permit has been issued or a Development Permit and/or Rezoning has been approved which addresses the removal of trees.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY SUBDIVISION AND DEVELOPMENT CONTROL BYLAW 1994 NO. 3335 AMENDMENT (TREE PROTECTION) BYLAW 2006 NO. 4470 http://www.tol.bc.ca/files/web_files/planning/Tree_Bylaw_4470.pdf 
“Significant Tree” means
1.) all trees with a trunk diameter equal to or greater than 30 cm (12 inches) measured 1.4 meters above the highest point of the natural grade of the ground measured from the base of the tree;
2.) the following trees over 3.0 m/ 10’ height: Arbutus, Garry Oak, Pacific Yew, all Pine, Western Red Cedar, Douglas Fir and Grand Fir, Pacific Dogwood; Redwood and Sequoia, Maidenhair and Monkey Puzzle or other non-native trees;
3.) all ‘heritage’ trees designated by Council or identified in the Langley Heritage Listing; and
4.) alders, birch, big leaf maple and hemlock over 3.0 m/ 10’ height in designated greenways.

Provides some good models for tree survey forms, replanting ideas etc.

 

See Alberta's Heritage Tree Foundation http://www.heritagetreefoundation.com/

 

United States

Articles on tree protection ordinances

My recommendation for best resource: ISA "Guidelines for Evaluating Tree Ordinances" http://www.isa-arbor.com/publications/ordinance.aspx

    "An increasing number of communities are using the percent tree cover approach as their primary tool to protect trees. In brief, such regulations typically require that a certain percentage of tree canopy on a site be protected and set aside from any development. Fairfax County, Virginia, just outside Washington, D.C., was one of the first to utilize this approach on a jurisdiction-wide basis. It put in place a sliding-scale system that requires 10 percent minimum cover retention on industrial/commercial zone lands, 15 percent on high-density residential, and 20 percent on low-density residential. New ordinances have increased these requirements in many communities. For example, Franklin, Tennessee, a fast-growing, progressive community south of Nashville, is considering a provision that requires over 50 percent of tree cover to be maintained on some sites. The Franklin system is further distinguished by the fact that the percentage of tree cover required to be maintained is higher the less tree cover there is on the site to begin with. In other words, for example, a commercial site with 80-100 percent existing cover would have to protect 15 percent of that canopy. However, if that same site had only 15 percent existing cover, 26 percent would have to be protected. The percentage that is right for any community will depend on a number of factors including relationship to environmental and aesthetic goals, storm water management issues, and economic considerations, among others.
    The major advantage of the tree canopy retention approach over some earlier techniques (such as protecting all trees larger than a specified size) is that the development review analysis typically can be accomplished by using aerial photographs and other readily available site information rather than undertaking a more detailed site tree survey that can be costly and time-consuming.
    A key issue in making the tree canopy retention approach work is to give local planners guidance as to where on the site the trees should be protected. Effective ordinances not only give planners guidance in this regard (e.g., give priority to sensitive environmental areas, areas with specimen trees, etc.), but also some authority to require applicants to locate tree-save areas in those locations."

    "Ordinances usually address this issue by either specifying a minimum number of trees to be planted or targeting a percentage canopy cover. For instance, the overall goal in the ordinance can be a 50 percent canopy cover within five years of planting. To determine the number of trees to be planted, the ordinance could contain a chart that identifies the canopy area of mature trees of each species. The developer uses this information and the number and species of preserved trees to determine canopy coverage with existing trees. The difference consists of newly planted trees. In addition to size and species, the canopy goal requires that trees be located on the property so the 50 percent goal is achievable. For instance, trees grouped in clusters with most of the area void of tree islands probably would not meet the intent of the ordinance. Some of the earlier ordinances used canopy cover as the criteria for required tree planting, and recently and during follow-up surveys found that landscapes did not meet the 50 percent coverage goal but were closer to 25 percent. The primary cause seems to be the tree size used in calculating canopy coverage. The information on mature size of trees was obtained from reputable sources, but these sizes are based on trees grown in landscapes where there is generous water and soil area, and cooler temperatures. In other words, trees planted in urban developments generally do not reach the same size or grow as fast as trees in rural areas.
    The recommended approach would be to specify in the ordinance a specific number of trees to be planted, their location, their initial size, and irrigation standards. This approach is easier to enforce since fewer variables are left to interpretation. When calculating the landscape requirements, remember that trees with restricted root zones will probably not reach the typical mature size. Therefore the number of trees required may need to be increased by 25 percent to 50 percent when calculating number of trees required for a target canopy cover. "

Cities with Interesting Ordinances

 

Sandy Springs GA Tree Conservation Ordinance http://www.sandyspringsga.org/  Very Progressive!

"A: Tree removal permits are required when:

The tree conservation ordinance specifies that 30% (about one-third) of tree canopy, or tree cover, must be maintained on an individual property.
On a half-acre, or 27,000 sq. ft. property, about 8,000 sq. ft. of tree cover should be maintained. A rough estimate is that each tree provides 1,000 sq. ft. of canopy cover. Therefore, a homeowner with a half-acre lot should have about eight canopy trees to ensure minimum (30% coverage) on
his or her property."

Falls Church Va http://www.ci.falls-church.va.us/government/developmentServices/documents/Chapter35TREES.pdf

"Sec. 35-1. Purpose of chapter. It is the purpose and intent of the city to regulate the removal of trees from public and private property in the city in order to preserve, protect and enhance valuable natural resources entrusted to the state and to protect the health, safety and welfare of its citizens, to establish standards limiting the removal of and insuring the replacement of trees sufficient to safeguard the ecological and aesthetic environment necessary to a community; to prevent the unnecessary clearing and disturbing of land so as to preserve, insofar as is practicable, the natural and existing growth of vegetation; and to replace when feasible the removed trees with the same, comparable, or improved species; and to provide protective regulations against hazardous trees and diseased trees or shrubs, and the growth of weeds and brush; to control activities relative to trees and plantings upon the streets or public property of the city; to establish a permit procedure for tree contractors; and to provide for a tree commission." (see also Tree Removal Permit; Tree Preservation and Canopy Protection)

Also Falls Church Landscaping Ordinance (Chpt 30) http://www.ci.falls-church.va.us/government/developmentServices/documents/Chapter30Landscaping.pdf

Section 38-30 Landscaping
(a) Intent and Objectives. The intent of this section is to preserve existing healthy vegetation and create new landscaping areas in areas that are being developed or redeveloped in commercial and residential areas. . Natural vegetation and landscape plantings are an important community asset as they provide environmental benefits, enhance community character, and add to property values. Definitions within thissection shall be consistent with Section 38-42, Chesapeake Bay Preservation Area Ordinance. The objectives set forth in this section include the following:...

Providence http://www.providenceconnects.org/matriarch/documents/Tree_Plan_Requirements.pdf

Key Elements:
• 25% canopy coverage is required for lots in Zones R, PS, OS, CD, and W-1
• 15% canopy coverage is required for lots in all other zones except D-1
• For Zone D-1, see the landscaping requirements in Section 502.2
• Canopy area per tree is categorized by projected tree size at maturity. There are three size
classes: large (1,000 sf), medium (700 sf), and small (300 sf). See the attached list for size class
by species. Street trees count toward lot canopy coverage.
• Parking areas with 5 or more spaces that abut public rights-of-way shall have a 5 foot planting
strip along the entire length of the border, with trees planted every 20 feet.
• Parking areas that abut lots in R Zones shall have a minimum 4 foot screen along the entire length
of the border. See the Ordinance for allowable screen types.
• Lots adjacent to water bodies shall have a 20 foot wide vegetated buffer along the entire length of
the water body.
• No Significant Tree (>32 inches in diameter) shall be removed without prior permission of the
City Forester. See the Ordinance for removal criteria.
• The full Zoning Ordinance is available on the City’s website at www.providenceri.com


LARGE TREES: Mature height greater than 50 feet tall         1000 sf.
MEDIUM TREES: Mature height between 35 and 50 feet tall 700 sf.
SMALL TREES: Mature height less than 35 feet tall               300 sf.

 

Portland http://www.portlandonline.com/shared/cfm/image.cfm?id=53434

33.630.100 Tree Preservation Standards
A. Existing trees must be preserved. The total tree diameter on the site is the total diameter of all trees on the site, minus the diameter of trees that are listed in
Section 33.630.030, Exempt From These Regulations. The applicant must choose one of the following options. Significant trees are listed in Table 630-1:
1. Option 1: Preserve at least 35 percent of the total tree diameter on the site;
2. Option 2: Preserve at least 50 percent of the significant trees on the site and at least 30 percent of the total tree diameter on the site;
3. Option 3: Preserve at least 75 percent of the significant trees on the site and at least 25 percent of the total tree diameter on the site;
4. Option 4: Preserve all of the significant trees on the site and at least 20 percent of the total tree diameter on the site; or
5. Option 5: If the site is larger than one acre, preserve at least 35 percent of the total tree canopy area on the site.

St Helen's http://www.ci.st-helens.or.us/CommunityDevelopmentCode/New%20Code%20Adopted%204-4-03/Chapter%201.160%20Tree%20Removal.pdf

They have an incentive program, but I am not sure I understand it.

Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Subsection 1.160.070.D. according to the following standards:
a. Retainage of less than 50 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 1.160.070.D. with a ratio of two two-inch caliper trees measured at four feet above ground for 12 inch in caliper tree to be removed.
b. Retainage of over 50 percent of existing trees over 12 inches in caliper requires the trees be mitigated according to Section 1.160.070.D. with a ratio of one two inch caliper tree measured at four feet above ground for each 12 inch caliper of tree to be removed.

City of Lake Forest http://www.cityoflakeforest.com/pdf/cd/treeord.pdf

REMOVAL – A permit authorizing removal must be obtained from the Director of Community Development prior to the following activities, except for items f and g below, in which case, a permit for removal must be obtained from the Director of Public Works.
a. Removal of trees or vegetation from a Conservation Easement. In addition, removal of dead, diseased, or noxious materials from these areas shall only occur with prior written approval.
b. Removal of trees from a tree preservation or no disturbance area.
c. Removal of a heritage tree.
d. Removal of trees or vegetation on any property that is the subject of a development petition prior to issuance of a permit.
e. Removal of trees 10” DBH or larger within the streetscape preservation area.
f. Removal of trees or shrubs from any ravine or bluff or the topping of trees in any ravine or bluff.
g. Removal of trees or shrubs from a public right-of-way or other public property.

Any tree removal on private property shall not encroach upon, or damage any trees located in protected areas, on neighboring properties or in the City right-of-way.

Fairfax County VA Zoning ordinance http://www.fairfaxcounty.gov/dpz/zoningordinance/ Article 13 Development tree cover requirements

Clever program: Help Releaf Farifax http://www.fairfaxcounty.gov/news/2006/093.htm

They offer Tree Conservation Awards and Tree Preservation Awards as planting and protection incentives.

Arlington VA Chesapeake Bay  TREES AND SHRUB Protection Ordinance http://www.arlingtonva.us/Departments/ParksRecreation/scripts/parks/ParksRecreationScriptsParksTreesOrdinance.aspx 

    "There is hereby established a Tree Preservation Ordinance to ensure that the tree cover within Arlington County's boundaries is maintained and improved in order to protect the health, safety, and welfare of County citizens and the general public, to safeguard the ecological and aesthetic environment necessary to a community, to preserve, protect, and enhance valuable natural resources, and to conserve properties and their values."

Useful Tree Replacement Guidelines http://www.arlingtonva.us/Departments/EnvironmentalServices/cpe/tree/EnvironmentalServicesTree.aspx

Preservation of the County's trees and tree canopy coverage general explanation: http://www.arlingtonva.us/DEPARTMENTS/CPHD/planning/docs/CPHDPlanningDocsLandscapeDocs.aspx

Pasedena Tree Protection http://cityofpasadena.net/publicworks/PNR/TreeOrdinance/default.asp 
"An ordinance amending the "City Trees and Tree Protection Ordinance" passed by the City Council on May 5th 2002 was sparked by the interest of the community and government to preserve and grow the urban forest. There are Four categories of trees that are protected by the ordinance and specified locations where they are protected. This web site aims to provide practical information to help you understand and comply with the ordinance."

City of Austin http://www.ci.austin.tx.us/trees/preserve_code.htm

" The City of Austin Tree and Natural Area Preservation code is based on the fundamental precepts of sound urban forest management. These precepts establish a diversification of species, with a mix of young, medium aged, and mature trees. Proposed development projects are evaluated on a case-by-case (and tree-by-tree) basis. The goal of each review is to assure that, through a combination of preservation and re-forestation, a final product is achieved which results in a diversified and sustainable urban forest."

Seattle "Heritage Tree Program" http://www.seattle.gov/transportation/heritagetree.htm

"A cooperative program between the City of Seattle and
PlantAmnesty to celebrate Seattle's Special Trees.

The Heritage Tree Program was initiated by PlantAmnesty in partnership with the City of Seattle in 1996. The first Heritage Tree was recognized jointly by the City of Seattle and PlantAmnesty in 1996. There are now many more!

Heritage trees may be on either City or private property. Each candidate tree is assessed by a certified arborist and evaluated by a review committee. Trees can be nominated as an individual or a collection, but must have the owner's approval and meet criteria for health in addition to being selected according to one of the following categories:

Specimen: A tree of exceptional size, form, or rarity.
Historic: A tree recognized by virtue of its age, its association with or contribution to a historic structure or district, or its association with a noted person or historic event.
Landmark: Trees that are landmarks of a community.
Collection: Trees in a notable grove, avenue, or other planting.

Each Heritage Tree is identified by a plaque and the owners are given an owner's tree care manual. A few owners have chosen to place a deed restriction on their property to provide for future tree protection."

Chapel Hill, VA: Recommendation for Change to the Tree Protection Ordinance http://townhall.townofchapelhill.org/agendas/2007/01/08/3a5/

"Vision: No net loss of trees, with a general increase proportional to population growth (no reduction in canopy)."

Fulton, GA http://www.fultonecd.org/develop/treeord/tree-04.pdf  quite extensive - helpful language

Tree definitions:
a. Tree: Any self supporting woody perennial plant which has a trunk diameter of 2 inches or more measured at a point 6 inches above the ground level and which normally
obtains a height of at least 10 feet at maturity, usually with one main stem or trunk and many branches.
b. Heritage Tree: A tree which is designated upon approval by the Director of the Department of Environment and Community Development or authorized agent(s) to be of notable historical value or interest because of its age, size, or historical association.
c. Specimen Tree: Any tree which has been determined by the County Arborist to be of high value because of its type, size, age, or other professional criteria, and has been so designated according to administrative standards established by the Department of Environment and Community Development.
d. Stand of Specimen Trees: A contiguous grouping of trees which has been determined to be of value by the Director of the Environment and Community Development Department or authorized designee(s). (a.) A relatively mature even aged stand. (b.) A stand with purity of species composition or of a rare or unusual nature. (c.) A stand of historical significance. (d.) A stand with exceptional aesthetic quality.

Permit Procedures
A. All applications for a Land Disturbance Permit shall provide a landscape plan and other documentation as required and as applicable for all areas of the tract of land within a protected zone. All applications and required supplemental information shall be submitted to the Director of the Department of Environment and Community Development.

Removal of Tree(s)
A. If the owner/developer proposes to remove any tree(s) in the protected zone, then the owner/developer must document a hardship such as but not limited to economic or zoning
restrictions and submit it as part of the application for a Land Disturbance Permit. The application shall be subject to the approval of the Director of the Department of Environment and Community Development or designated agent before any trees are to be removed from the site. Nothing in these regulations shall be construed to allow the removal of vegetation in a natural, undisturbed buffer required by the Zoning Regulations.

Lincolnshire, IL http://www.village.lincolnshire.il.us/services/forestry/ordinance.php

Elk Grove CA http://www.egplanning.org/trees/preservation_ordinance_REGULATIONS.html

Pleasanton, CA http://www.ci.pleasanton.ca.us/services/recreation/tree-preservation-ord.html

"The City lies largely in a valley in which substantial portions were and are covered by native and indigenous trees. The City recognizes that preservation of such trees enhances the natural scenic beauty, sustains the long term potential increase in property values, which encourages quality development, maintains the ecology, moderates the effect of extreme temperatures, prevents the erosion of topsoil, helps create an identity and quality, which enhances the attractiveness of the City to visitors and increases the oxygen output of the area which is needed to combat air pollution. For these reasons the City Council finds that in order to promote the public health, safety and general welfare of the City while at the same time recognizing individual rights to develop and maintain private property in a manner which will not be prejudicial to the public interest it is necessary to enact regulations controlling the removal and preservation of Heritage trees within the City. However, the City Council also recognizes that under certain circumstances Heritage trees may properly be removed. Those circumstances include where Heritage trees are dangerous; are dead or diseased; are so situated on undeveloped land that their preservation would preclude feasible development; are so abundant their removal would not destroy the area's natural beauty or ecology or cause erosion; or have a significant impact on the property. It is the intent of this chapter to preserve as many Heritage trees as possible throughout the City through staff review and the development review process. (Prior code 2-17.01)

Definitions.

For the purpose of this chapter, certain words and terms used in this chapter are defined as follows:

1. "Heritage tree" means any of the following:
1. Any single-trunked tree with a circumference of fifty-five inches or more measured four and one half feet above ground level;
2. Any multi-trunked tree of which the two largest trunks have a circumference of fifty-five inches or more measured four and one half feet above ground level;
3. Any tree thirty-five feet or more in height;
4. Any tree of particular historical significance specifically designated by official action;
5. A stand of trees the nature of which makes each dependent upon the other for survival or the area's natural beauty."
 

Seattle Green Factor http://www.seattle.gov/dpd/static/GFpresentation_1_34658_DPDP_019089.pdf (30% vegetation planting requirement)

Virginia Beach (planting requirements for developments) http://www.vbgov.com/file_source/dept/mcg/Web%20Page/Hot%20Topics/Green%20Ribbon%20Committee/Documents/Resources/tree_preservation_fact_sheet.pdf Planting Requirements http://www.vbgov.com/file_source/dept/mcg/Web%20Page/Hot%20Topics/GreenRibbonCommittee/Documents/NaturalResourceManagementSubcommittee/appendix_e_tree_planting.pdf

APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT*

Sec. 1.4. Application.

1. All residential lots shall have trees planted, or canopy cover provided, based upon the following minimum requirements by lot size:
a. 1--4,999 square feet:
(1) One small tree per attached townhouse interior lot.
(2) Two (2) small, or medium, trees for attached townhouse end lots.
(3) Two (2) small or medium trees for all other lots.
b. 5,000--7,499 square feet: 300 square-foot canopy cover.
c. 7,500--9,999 square feet: 400 square-foot canopy cover.
d. 10,000--14,999 square feet: 600 square-foot canopy cover.
e. 15,000--19,999 square feet: 750 square-foot canopy cover.
f. 20,000--29,999 square feet: 900 square-foot canopy cover.
g. 30,000--65,339 square feet: 1,000 square-foot canopy cover.
h. 65,340--87,119 square feet: 1500 square-foot canopy cover.
i. 87,200 square feet and greater: 2,000 square-foot canopy cover.
2. Trees shall be selected from the specifications and standards and shall be a minimum of five (5) to six (6) feet in height for small trees at the time of planting and one and one-half (1 1/2) inches to two (2) inches caliper for medium and large trees at the time of planting. Planting shall be accomplished in accordance with the specifications and standards.

 

Notes

"Tree-Cutting Bylaws & Contractor Regulation

More effective controls on tree-cutting could be implemented through tree-cutting bylaws or regulation of contractors.

Municipalities have the authority to enact bylaws controlling tree-cutting within their jurisdictions, but passage of such bylaws are often contentious and sometimes create a backlash of indiscriminate cutting in advance of their implementation. This may be another area where information-sharing among municipalities could be helpful in defining effective approaches. At least seven upper-tier and one lower-tier municipalities within Carolinian Canada have tree bylaws in place (Fitzgibbon and Summers, 2001), and a working group of provincial and other agencies is currently developing a new model tree by-law.

Some municipalities, such as Norfolk County, have in place procedures which require prior notification of tree-cutting, with applications being cross-checked against records of MFTIP or CLTIP incentive programs. Closer linkage of tree-cutting bylaws to incentive programs may be one area to be explored. Improving enforcement powers under the Forestry Act, and basing bylaws on good forestry practices rather than diameter limit cutting, could also make this mechanism more effective.

Another potential avenue would be the licensing and regulation of cutting contractors, to weed out the worst offenders and improve the calibre of forest management. Local policies to require professional marking of tree stands before harvesting or to require the use of "approved" contractors could greatly improve practices." http://www.carolinian.org/ConservationPrograms_greening_planning.htm
 

"Heritage for the Future
Ontario’s new legislative framework is intended to put muscle behind heritage designations so that designated properties are truly preserved for the sake of generations to come. The practical reality of this new authority translates to yet another erosion of the old adage that a man’s house is his castle. Now, where that house is designated, it is essentially everyone’s castle – not to occupy, but to look at. This legislation follows a trend away from our rugged adherence to the principle that private property is for the owner to control toward a principle that private property is actually a multi-faceted asset that an owner holds not only for personal benefit but also in some measure for community benefit. Similar to the amendments to our law which now permit municipal councils to regulate the injury or destruction of trees on private property, there is a recognition that these natural and man-made physical features make up key elements of the community in which we live and that we draw value from these assets in a communal way that perhaps should not be subject to individual whim or determination alone.

Whether the legislation will operate oppressively or in an enlightened fashion will, as usual, depend upon the sagacity of the persons who are entrusted with making decisions on designations in the first instance and on the subsequent applications relating to those properties. As is the case with trees, the Act does not absolutely prohibit alteration or demolition of structures, it simply requires that a case for such actions will have to be made by the owner to the local council or the Minister on grounds which are sufficiently compelling to override the objective of preservation.

In administering this legislation, we expect that the decision makers will recognize that heritage properties must be integrated into the fabric of the community and must be adapted so that an owner will be able to achieve reasonable economic return and utility from that asset as the quid pro quo for being the custodian of it for the benefit of the community. Absent that opportunity, the incentive to maintain and properly manage such properties begins to wane and our physical heritage indeed will be in peril. With an enlightened approach, this very significant legislative initiative could spark a renewed interest and respect for our heritage and perhaps even have people encouraged to build remarkable structures for posterity as there are now tools in place which can preserve the best of what we can produce." from Ontario Expands Control over Culturally Significant Property. Canadian Law Firm- Blake, Cassells and Grayton http://www.blakes.com/english/publications/creb/May2005/HeritageAct.asp  For more information, please contact Gerald Swinkin at 416.863.5845 or gerald.swinkin@blakes.com.

Urban Forestry in Northern Ontario http://www.isaontario.com/pages/Resources/urbanforestry/2006_9.php

OMNR http://www.naturalspaces.mnr.gov.on.ca/pdf/extension_notes_conservation_bylaws.pdf

 

Section 7 of the Building Code Act, 1992, Chapter 23 as amended empowers Council to pass certain by-laws respecting construction, demolition, change of use permits and inspection of buildings, providing for applications of permits and requiring of plans and information to accompany such applications, requiring the payment of fees on applications and for the issuance of permits and prescribing amounts thereof, providing for refunds of fees under certain circumstances, for the prescribing of notice to be given to the Chief Building Official, and for prescribing forms respecting applications and permits.

 

In Vancouver bylaw: (a) The diameter of a tree shall be determined by dividing the circumference of the trunk measured 1.4 metres (4.5 feet) above the ground by 3.142. (b) The diameter of a tree having multiple trunks 1.4 metres (4.5 feet) above the ground shall be the sum of: (i) 100% of the diameter of the largest trunk, and (ii) 60% of the diameter of each additional trunk. (c) The location of a tree on a lot shall be measured at the point at which the trunk of the tree meets the ground.