What is the City of Tigard’s Responsibility in the Following Scenarios:

1. Private Property Owner to Private Property Owner 

   In the event your tree falls on your neighbor’s property causing damage, they are likely responsible for cleanup and repair of damages. Likewise, if your neighbor’s tree falls on your property, you are likely responsible for cleanup and repair of the damage. The City has no jurisdiction other than if there is a code enforcement issue or a property owner has submitted a Hazard Tree Dispute Resolution Application to the City of Tigard. Learn more on our Tree Permits page.

2. Private Property to City Property 

   The City is a neighbor and therefore would be responsible for cleanup and repair of damage from what has fallen from private property onto City property (road, sidewalks and trails are all examples of this) to make the City property usable and safe.  If removal could cause damage to private property, the City will notify the private property owner.

3. City Property to Private Property Owner

   When a City tree falls onto a neighboring property, the neighbor is responsible for cleanup and repair of damage to their own property.  Factors that may change this situation include when a tree or limb that had fallen was a documented hazard tree as determined by a Certified Arborist and that the City had not taken care of. 

4. City Property to City Property
   When trees fall on City property, the City will make every effort to ensure the tree does not result in a hazard to the public. The responsible City Department(s), working together, may determine to leave a fallen tree in its natural state or not clear away the tree when it poses no risk and can improve the natural habitat or provide wildlife benefit. This is particularly true when a tree falls in our greenways, natural areas and sensitive lands. Debris or tree blocking roadway or trail? Report it here.

General Tree Questions

How do I determine who owns a tree or is responsible for its maintenance?
The only way to definitively determine the ownership of a tree is by hiring a Professional Land Surveyor (PLS) to survey the tree in relation to property lines. A local PLS can be found at www.plso.org.

What is the penalty for illegally damaging or removing a tree?
As specified in Section 1.16.640 of the Tigard Municipal Code, the penalty is:

Not less than $250 per unlawfully removed tree and not more than the city's cost to plant and maintain for three years an equivalent number of 1 ½ inch caliper trees with a combined caliper equal to the DBH (Diameter at Breast Height) of each unlawfully removed tree.

As of July 1, 2015, the city's cost to plant and maintain a 1-½ inch caliper tree for three years is $550. Therefore, the maximum fine for illegally removing a 12-inch DBH tree is $4,400. The tree must be replaced per the Urban Forestry Manual replacement standards specified for each type of tree.

Fallen Debris or Tree Questions

What happens when a tree or tree debris falls?
Generally, because trees grow anywhere and fall anywhere, the property owner who has incurred the tree debris or sustained damage is responsible for debris cleanup and the repair of their own property damage, even if the tree originated on a neighbor’s property. This is true whether the neighbor is another homeowner, business, or the City of Tigard. This is also true when a tree falls on a vehicle. The vehicle owner is responsible for cost of their own repair.  

Tree Obstruction Questions

What should I do when a tree is lifting up the sidewalk in front of my house?
Consult with an ISA certified arborist about preserving the tree. If this is not possible, find out whether a tree removal permit is required and obtain one, if necessary. A Public Facility Improvement application is required for the repair of the sidewalk.

City Responsibilities

If a City-owned tree, limb or branch has fallen into my yard, or onto my fence or house, will the City clean that up and repair damages?
No. The City will not remove a fallen tree, limb or branch from a private owner's property or structures in most situations. The property owner is responsible for debris cleanup, tree removal, and repair of damaged structures.

Tree branches are hanging over my fence, and/or touching my house, from City property. Will the City prune the branches back?
No. The property owner is responsible, just as the City is, if pruning is needed for trees encroaching from private property.  Property owners may legally prune encroaching tree limbs and branches back to their property line but cannot do so in a such a way that will cause damage or kill the tree.

What if a City tree is obstructing a path or roadway in addition to my property?
The City will remove portions of a tree and the debris from City owned paths, trails or roadways to maintain safety and allow traffic to flow unimpeded. The City is not responsible removing or pruning the portion of the tree on private property because it is the responsibility of the private property owner. 

I'm worried about my street tree. Can the city come out and inspect it?
Street trees, although they may be in the public right of way, are the adjacent property owner's responsibility. We recommend hiring ISA certified arborists for tree inspections.

Will the city maintain or remove the street tree in front of my house?
No, street tree maintenance is the responsibility of the fronting property owner. Additionally, Tigard (as with most cities) requires that street trees be maintained per tree care industry standards. In addition, tree branches need to be maintained 8 feet above sidewalks and 13-18 feet above the street depending on the street type (see Urban Forestry Manual Section 2, Part 2 for details). The city recommends working with an ISA certified arborist to maintain street trees.

I'm worried about the condition of a tree on my property. Can the city come out and inspect it?
No, trees on private property are the owner's responsibility. We recommend hiring an ISA certified arborist for tree inspections.

I'm worried about a tree on my neighbor's property. What can the city do?
Sometimes talking with your neighbor is the quickest way to address a problem. The City of Tigard partners with Beaverton's Dispute Resolution Center to offer free mediation services to Tigard residents. For more information about this program, please visit the Center for Mediation & Dialogue, or contact them at 503-526-2523, or email them.

If these efforts are unsuccessful, the city offers a hazard tree evaluation and abatement program. You can pursue the informal reconciliation process outlined in the Urban Forestry Manual, Section 1. If the issue is still unresolved, you may request the assistance of the city through a formal reconciliation process. Contact the city for more information.

I'm worried about the condition of a tree on city property, such as a park or greenway. Who should I contact?
Contact us online through the Public Works Service Request form or email us at parks@tigard-or.gov. 

Hazard Trees

What if I have already filed a hazard tree abatement complaint and my neighbors tree falls on my property?
If you have previously established through an abatement process that a tree is a hazard tree, it is likely the tree owner would be responsible. It’s always a good idea to file with your insurance company regardless.

Tree branches in the planter strip along the sidewalk are interfering with pedestrians walking along the sidewalk. Is the City responsible for maintaining the trees?
No. The planter strip in the sidewalk belongs to the property owner. The City maintains an easement for establishing street trees but is the responsibility of the property owner to provide safe and unobstructed access along the sidewalk. Failure by the property owner to maintain the trees may result in a code enforcement issue. See Urban Forestry Manual.

Permit Questions

Do I need a permit to remove a tree at my house?
Maybe. Trees on individual single family lots do not require a permit, unless they are a street tree, heritage tree, a tree planted using the Urban Forestry Fund or are native and located within sensitive lands (steep slopes, 100-year floodplain, stream corridors, significant habitat areas or wetlands). In these situations a tree removal permit is required.

Do I need a permit to remove a tree on my commercial, industrial or apartment/condominium property?
Most likely. In addition to the situations listed above, permits are required to remove trees that were required with development. Trees in commercial, industrial or apartment/condominium developments most likely were required by land use approval.

For trees required with development, there are two options for review:

• The City Manager decision-making process outlined in Section 7 of the Urban Forestry Manual, or

• The City Board or Committee decision-making process.

In most cases, a replacement tree is required. For more information about both processes and which might apply to your situation, please see Tree Permit Requirements.

Do I need a permit to remove a tree from the planter strip or public right-of-way fronting my property?
Yes, trees in these areas, usually referred to as street trees, can be removed through either the City Manager decision making process or the City Board or Committee decision-making process. In most cases, a replacement tree is required. For more information about both processes and which might apply to your situation, please see Tree Permit Requirements.

How do I get a permit and how long does it take?
The tree removal permit application can be found online. Submit the completed application, supporting documentation and any applicable fees to the city for review and approval. Most tree removal permits can be processed within 10 days.

Healthy trees are certainly prone to fall or drop limbs and branches during certain weather events but doesn’t make them hazard trees, while trees that may appear unhealthy can remain rooted for many years.  Tall trees or limbs that are in close proximately to a house, fence, or other structure are not considered a hazard tree from that standpoint alone. Trees that appear very healthy can quickly change to become weak, unstable, or die due to a variety of factors including age, environmental stress, disease, or insects. The City of Tigard has a Hazard Tree Program that relies on a standardized rating system developed by the International Society of Arboriculture (ISA). The use of a Certified Arborist is required to evaluate and determine if a tree is considered a hazard tree or not.  

Helpful Information Related to Fallen Trees

• Living Next to Nature: City's Response to Tree Issues (PDF)
• City of Tigard Hazard Tree Program Brochure
• Urban Forestry Manual (note page 42 for more Hazard Tree information) 
• Washington County, City of Tigard Police, Medical and Fire Dispatch Non-emergency – 503-629-0111
• Police, Medical and Fire Emergency – 911