February 14, 2011

Proposed Changes to the City of Portland Tree Ordinance

The City of Portland will be changing their tree cutting codes. The gist is homeowners will be required to apply for more permits to remove trees on their property.

Here is a link for you to view: Portland Tree Cutting Permits

And a snippet from the proposal:


The Proposed Tree Permit System
A number of different permitting options were evaluated with the goal of simplifying and improving the current permit system. Project staff addressed these issues and discussed potential solution options with the project Stakeholder Discussion Group and City bureaus. Solution options included clarifying the current system while retaining a single family exemption, and creating a more uniform permitting system without a single family exemption. Shifting the tree permitting size threshold was discussed as well. Shifting the size threshold to 6 inches would also address a larger portion of Portland’s urban forest as indicated below. Shifting to a larger size threshold such as 20 inches would address a smaller portion of the urban forest but would be less costly.
The stakeholders supported simplifying and standardizing the system but did not reach consensus on the specific choices. They cautioned staff not to propose a system that was overly burdensome, time consuming or costly to property owners. Stakeholders suggested that the City consider establishing a tree permitting system that focuses on engaging and educating citizens about the benefits of trees and tree care.
Based on these discussions and additional analysis the current proposal is to establish a more streamlined “tiered permit system,” and to apply the permit system consistently based on tree size and condition across all land uses, as described below:
Size Distribution of Trees (based on public tree data)
19%
53%
14%
14%
1-6" 6-12" 12-20" >20"
120 Volume 1 • Recommended Draft Report to City Council • December 2010Citywide Tree Policy Review and Regulatory Improvement Project
Tiered permit system – The proposed system of Type A and B permits is meant to: Streamline and reduce the cost of permitting removal dead, diseased, dangerous
trees, and trees on the City’s Nuisance Plant List
Establish consistent permitting and appeals procedures for Street Trees and Trees on Private Property
Complement and reinforce tree preservation, planting, and landscaping required through the development process
Continue preventing adverse public safety and ecological impacts from tree removal
Clarify and strengthen criteria to encourage retention of large health trees that contribute to neighborhood character
Create an efficient, effective process for replacing trees that are removed
Enhance opportunities to engage with and educate the public.
Type A permit – Type A permits will provide the most streamlined process. Type A permits would be required to remove dead, dying, or dangerous trees. In addition, on private properties, Type A permits would be granted for trees on the City’s Nuisance Plant List, trees within 10 feet of a building, and up to 4 trees between 12 and 20 inches in diameter. Type A permits would also be required for certain non- removal activities for City or Street Trees, such as planting, pruning, or other activities that may impact the health of these trees. Required tree replacement would be tree for tree. The permit would be non-discretionary, and only the applicant would have the ability to appeal the City Forester’s decision.
Type B permit –Type B permit will be required to remove large healthy trees or to remove more than 4 trees from a site within a single year. The request would be evaluated for public safety and environmental criteria, and also to determine if there would be an adverse impact on neighborhood identity. The required tree replacement would be up to “inch for inch,” to be determined based on consideration of key factors. The City Forester can also adjust required mitigation based on the amount of remaining trees on the site, and allow payment into the Tree Preservation and Planting Fund to plant offsite. Guidelines for determining appropriate mitigation are proposed to be developed and adopted as an administrative rule to allow testing and amendment as appropriate. These permit requests would be subject to public notice when the City Forester has tentatively approved the permit, and any person could appeal the City’s permit decision to the Urban Forestry Appeals Board.
Volume 1 • Recommended Draft Report to City Council • December 2010 121