Trees Categories that Require City Permission Prior to Removal
The Tigard Municipal Code protects regulated trees through a variety
of code provisions. The City of Tigard's primary tree policy is to promote the preservation
and maintenance of existing trees wherever possible. However, the City understands that it
may be necessary to remove trees in certain situations and grants permission when no
reasonable alternative to removal exists. Removal is defined in
Section 9.06.020 as
the cutting or removing of 50 percent (50%) or more of a crown, trunk, or root system
of a tree, or any action which results in the loss of aesthetic or physiological
viability or causes the tree to fall or be in immediate danger of falling.
Trees that require city permission prior to removal include street
trees (Section 9.06.070.2),
trees on city property (Section 9.06.070.1),
trees that were planted as a condition of development approval
(Section 18.745.030.A), trees in
sensitive lands areas (steep slopes, floodplains, wetlands)
(Section 18.790.050),
trees on developing properties
(Section 18.790.030),
trees that are restricted on the deed of a property (deed restricted trees)
(Section 18.790.040.B)
and heritage trees
(Section 9.08.060).
It is illegal to remove a restricted tree without city permission.
The penalties for illegal tree removal are described more fully in
Section 18.790.060
of the Tigard Municipal Code. For questions
regarding tree removal requirements contact Tigard's City Arborist,
Todd Prager, at 503-718-2700 or email todd@tigard-or.gov.
Street Tree Removal Requirements:
A street tree as defined in Section
9.06.020 is any tree growing along a street within a public right of way. Written
permission from the City Arborist is required prior to removing a street tree. The City
Arborist may require documentation of the reason for removal and may require replanting
of a suitable replacement per the specifications in the
Tigard Tree Manual.
Tree Removal from City Property:
Written permission from the Public Works Director or designee is required prior to removing
a tree from City property as defined in Section 9.06.020. Removal of trees from City property
shall be mitigated as specified in the
Tigard Tree Manual.
Tree Removal Requirements for Trees Planted as a Condition of Development Approval:
In certain situations, trees are required to be planted as a condition of development approval.
This includes trees planted to provide a buffer between differing land uses
(Section 18.745.050(B),) as well
as trees planted to screen parking lots
(Section 18.745.050(E). The owners
of such properties are obligated to maintain these trees, as well as replace them when necessary
(Section 18.745.030(A).
For questions regarding buffer and screening tree removal requirements contact
Tigard's City Arborist, Todd Prager, at 503 718-2700 or email
todd@tigard-or.gov.
Tree Removal in Sensitive Lands Areas:
A tree removal permit is required for the removal of any tree within a sensitive lands area.
Sensitive lands (steep slopes, flood plains and wetlands) have been mapped by the
City and can be viewed in the City's Geographic Information Systems (GIS) database.
For further details regarding tree removal from sensitive lands, refer to
Section 18.790.050 of
the Tigard Municipal Code. To determine if a sensitive lands area exists on your
property or for further questions regarding tree removal in sensitive lands,
contact Tigard's City Arborist, todd@tigard-or.gov.
Tree Removal on Developing Properties:
When a development application is filed, a tree
plan (Section 18.790.030) prepared
by a certified arborist that documents the location, size and species of existing trees
is required. The tree plan also must identify which trees are proposed for removal
and how trees proposed for retention will be protected.
Depending on the percentage of trees removed, mitigation in the form of tree
planting, is required per
Section 18.790.030(B) of the Tigard
Municipal Code. Trees that are retained during development gain a protected status and
their removal is restricted by the property deed (see below).
Deed Restricted Tree Removal:
Trees that are retained during development gain a protected status and their removal
is restricted by the property deed per Section
18.790.040(B). These deed restricted
trees may only be removed if the tree dies or is considered hazardous by a certified
arborist. Documentation of the reasons for removal must be submitted to the City
Arborist for review and approval prior to removal. For questions regarding removal requirements
for deed restricted trees, contact Tigard's City Arborist, Todd Prager, at 503-718-2700
or todd@tigard-or.gov.
Heritage Tree Removal:
A "Heritage Tree" (Section 9.08) is
a tree or stand of trees that is designated to be of landmark importance due to age,
size, species, horticultural or historic importance. Heritage trees are first
nominated by the property owner and approved by the Tigard Tree Board
and Tigard City Council.
A permit (per Section 9.08.040) is
required prior to the removal of a Heritage Tree. If an application for a permit to
remove a Heritage Tree is presented, the applicant shall demonstrate that the tree
is dead or hazardous, or that the burden imposed on the owner outweighs the
public benefit provided by the tree. Unless there is a permit to remove a
dead or hazardous Heritage Tree, the applicant shall be required to follow
the mitigation procedures for the loss of the tree as outlined in the
Tigard Municipal Code Section 18.790.060(D).
Any person who removes a Heritage Tree without first obtaining a permit to do
so shall be subject to a civil penalty equal to twice the value of the tree
as determined by the City Arborist with reference to the current edition of the
Guide to Plant Appraisal the person shall be required to mitigate for the
loss of the tree as outlined in the Tigard Municipal Code,
Section 18.790.060(D).
Illegal Tree Removal:
It is illegal to remove a restricted tree without City permission. Removal
is defined (in Section 9.06.020) as
the cutting or removing of 50 percent (50%) or more of a crown, trunk, or root
system of a tree, or any action which results in the loss of aesthetic or
physiological viability or causes the tree to fall or be in immediate danger
of falling. According to this definition, in addition to unauthorized
removal, improper pruning techniques such as topping
and compacting or otherwise damaging
a tree's root system during development are examples of violations.
The penalties for illegal removal per Section 18.790.060(C)
include, but are not limited to, a civil penalty up to $500, replacement of the unlawfully
removed or damaged trees in accordance with section
Section 18.790.060(D) and payment
of an additional civil penalty representing the estimated value of the unlawfully removed
or damaged tree, as determined using the most current International Society of
Arboriculture's Guide to Plant Appraisal. For questions regarding illegal tree removal,
contact Tigard's City Arborist, Todd Prager, at 503-718-2700 or
todd@tigard-or.gov.
Tree Protection During Development:
Well placed, healthy trees can be an asset to any development. In addition to the
many environmental benefits, numerous studies show that retaining trees during
development can substantially increase property values. Construction-related
tree protection measures are required to be an element of the tree plan and
are reviewed by the City Arborist Todd Prager (503-718-2700). Specific protection
measures are conditioned on a case by case basis depending on the project.
There are a variety of proven techniques that can be used to protect trees
during development. While protection methods vary depending on the type
and location of development, the most important and common technique is
to establish a tree protection zone that is fenced and off-limits to
constructions activities. In Tigard, all tree protection plans must
be created by the project's certified arborist (registered with the ISA)
and approved by the City Arborist prior to implementation. For more
information on Tigard's tree protection requirements, review the helpful
links below and contact Tigard's City Arborist, Todd Prager, at 503-718-2700
or email todd@tigard-or.gov.
Helpful Tree Protection Links:
Links to Find a Certified Arborist:
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