Phil Mendelson
Councilmember Jack Evans
Councilmember Jim Graham
Councilmember Linda Cropp
Councilmember Kevin Chavous
Councilmember Kathy Patterson
Councilmember Sharon Ambrose
A
BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmembers
Phil Mendelson, Kevin Chavous, Jack Evans, Jim Graham and Kathy Patterson
introduced the following bill, which was referred to the Committee on
Public Works and the Environment.
To
establish an urban forest preservation program; to require community
notice prior to the removal
or replacement of trees on public space; to revise penalties for injuring
trees on public space and private property; to establish a Tree Advisory
Board; and for other purposes.
BE
IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may
be cited as the "Urban Forest Preservation Act of 2001 ".
TITLE
I. URBAN FOREST PRESERVATION.
Sec. 101. Findings
and Purposes.
(a)
The urban forest of the District of Columbia, growing on both public land
and private land, is one of the District’s great natural resources.
(b) A healthy,
vibrant urban forest provides numerous environmental benefits, including:
(1) heat island effect mitigation;
(2) better climate and air quality, such as from the cleansing of
automobile exhaust and the production of oxygen through photosynthesis;(3) reduced energy demand, such as from a lesser need for indoor air
conditioning;(4) improved soil permeability, which in turn lessons pollution from
storm water runoff and soil erosion;(5) an improved habitat for a healthy and diverse ecosystem;
(6) an aesthetically pleasing human environment; and
(7) in general, good public health and economic well being.
(c) A robust urban forest will promote mufti-state efforts to improve
the quality of the Potomac and Anacostia Rivers and the Chesapeake Bay.
(d) The trees comprising the urban forest have significant aesthetic
value, which enhances property values and the quality of life in
neighborhoods throughout the District.
(e) The preservation of the District’s urban forest is an important
trust responsibility shared by both the public and private sectors of the
District of Columbia.
(f) To ensure a healthy urban forest for future generations, the
Council hereby determines to establish an urban forest preservation
program aimed at preserving and increasing the value of the urban forest
of the District of Columbia.
Sec. 102. Definitions.
For the purposes of this act, the term:
(1) "Board" means the Tree Advisory Board established
pursuant to title 3.
(2) "Circumference," means the perimeter of a tree measured
at a height of 4.5 feet above the ground.
(3) "Concealment inspection" means the building inspection
made before permission is given to cover floors and interior walls.
(4) "Construction area" means the area within which
construction occurs, and includes any staging area for construction as
well as motor vehicle parking for equipment and construction workers.
(5) "Critical root zone" means the area immediately
surrounding a tree. The radius of this area, measured from the center of
the tree, shall be equal to one foot for each 3.14 inches of
circumference, except that for trees with a circumference of at least 94.3
inches the radius shall be equal to 1.5 feet for each 3.14 inches of circumference.
(6)
"Deforestation statement" means a written statement specifying
the location, size, and scheduled value of all trees 25 inches or greater in circumference that
either
has been removed within the past 24 months or that may be removed or endangered in
connection with proposed construction. A tree shall be considered removed or endangered
if:
(A) it was removed within 24 months prior to the date when the
deforestation statement or reforestation plan is filed;(B) it is
proposed for removal in the deforestation statement; or(C) it is an
endangered tree.
(7) "Director" means the Director of the Department of Public
Works, or successor agency.
(8) "Endangered tree" means a tree whose critical root zone, all
or in part, is within a construction area or a tree that may be adversely
impacted by a change in its surroundings, including demolition,
construction, dewatering, and reduction in pervious surfaces. An
endangered tree may be on property adjacent to the construction area.
(9) "Fund" means the Tree Fund established pursuant to
section 107.
(10) "Maintenance" and related phrases pertaining to tree
maintenance mean the upkeep of one or more saplings or trees in a healthy state. Maintenance
includes: assuring adequate soil conditions, providing water in times of drought, rendering professional
pruning, and feeding as
appropriate. A maintenance plan shall require replacement of any sapling
that dies or is dying
during the pendency of the plan.
(11)
"Mayor" means the Mayor of the District of Columbia or his
designee.
(12)
"Program" means the Urban Forest Preservation Program
established pursuant to
tree preservation measures and the replacement of trees specified in an accompanying
deforestation statement.
(13) "Reforestation plan" means a plan, prepared pursuant to
section 106, which specifies tree preservation measures and the
replacement of trees specified in an accompanying deforestation
statement.
(14)
"Residence" means a single family dwelling that is
owner-occupied by a deforestation applicant.
(15)
"Sapling" means an immature tree with a circumference of not
less than 6.28 inches: provided, that the Mayor may, by rule, establish lesser sizes for
saplings
to be permitted under specific planting conditions related to a maintenance plan, the
clustering of saplings, the use of the area being planted, and similar factors. A sapling shall not include
any species that is generally incapable of reaching a circumference of 25 inches.
(16) "Scheduled value" means the value of a tree according to
the tree value schedule established pursuant to section 104.
(17) "Tree" means any plant species that is commonly
considered to be a tree, that is living, and that has reached a circumference of 25 inches or greater. A
tree that is afflicted with a disease from which, in the written opinion of a certified arborist, the
tree will not survive shall not be considered a living tree.
(18) "Tree registry" means a computerized registry of all trees
registered by private property owners, all trees listed in reforestation plans, and all
District-owned trees. The registry shall be maintained by the Mayor on an automated geographic information
system (GIS) with individual records formatted so as to enable their integration with the
District’s real property assessment records.
(19) "Urban forest" means all of the trees standing within the
boundaries of the District
of Columbia.
Sec. 103.
Establishment of the Urban Forest Preservation Program.
There is hereby established an Urban Forest Preservation Program for the
District of Columbia which shall be administered by the Mayor. The Mayor
shall be responsible for:
(1) preparing
an annual program for tree planting and tree care in the public space of
the District;
(2) preparing a master tree plan and making changes to the plan from time
to time;
(3) ensuring that the tree registry is fully operational and current not
more than two years after the
effective date of this act;
(4) developing maintenance standards as they relate to
trees in public space;
(5) inspecting the planting, maintenance, and removal of all trees in
public space;
(6) making
determinations of tree removals in public space;
(7) reviewing
all landscaping plans as they affect trees in public space;
(8) collecting
and maintaining all records and data necessary to objectively evaluate
whether progress is being made toward the stated goals of this program,
including a complete tree registry; and
(9) preparing an annual Urban Forest Management Planning Report, including recommendations for action, to be presented to the Council in February
of each year. With input from the Tree Advisory Board, this annual report shall describe the
state and condition of the District’s urban forest.
Sec. 104. Tree value schedule.
(a) The Mayor shall formulate and maintain a tree value schedule
consistent with the basic formula
value of trees established in the most recent edition of "Evaluation
of Landscape Trees,
Shrubs, and Other Plants: A Guide to the Methods and Procedures for
Appraising Amenity
Plants," published by the International Society of Arborists and
adopted by the Council of Tree and
Landscape Appraisers, Washington, D.C. In the event this publication is
not available or
becomes out of date, the Mayor shall by rule select another authority for
tree valuation.
(b) In using the
schedule established pursuant to this section, measurements shall be rounded to the nearest value listed on the schedule.
Sec. 105. Permit requirements.
(a) With each application to the District government for a permit to
alter, build, construct, or demolish, there shall be included a deforestation statement
and a reforestation plan. If a deforestation statement certifies that no tree shall be removed or
endangered, then no reforestation plan shall be required.
(b) The scheduled value of each tree included in the deforestation
statement shall be added to the permit fee required of the applicant, except that in the
case of a residence the amount to be added shall be one-half the scheduled value. If the permit
is a re-issuance for which the amounts required by this subsection have been collected
previously, no scheduled value shall be collected again.
(c)(1) For any endangered tree specified in a deforestation statement,
the permit applicant may post with the Mayor a bond, or any other security the Mayor shall
prescribe ("security"), in lieu of paying the scheduled value required by subsection (b) of this
section.
(2) The security shall be accepted only if the following conditions are
met:(A) The deforestation statement provides that less than 20 percent of the
critical root zone of the endangered tree will be within the construction
area;(B) Protective measures such as fencing, pruning, and watering are being taken to aid the tree’s health; and
(C) A written opinion by a certified arborist is submitted which states
that the protective measures being taken are adequate to preserve the
health and ensure the survival of the tree.(3) The security shall be an amount equal to the scheduled value of the
endangered tree. The security shall be posted or given simultaneously with
the payment of the permit fee and shall be held until a written opinion by a certified
arborist is submitted which states that the tree is healthy. The opinion shall be dated no earlier
than 2 growing seasons after the completion of all endangering construction work. If the opinion is not
submitted within 5 years after the completion of all of the endangering construction work, or
if the opinion is not verified by the Mayor, then the Mayor shall collect against the security
and deposit the proceeds into the Tree Fund established pursuant to section 107.(4) Upon application by the affected permit applicant, including a
successor in interest, the Mayor shall refund the scheduled value, without interest,
which had been paid pursuant to this section for an endangered tree: provided,
that
appropriate documentation is submitted, including the written opinion by a certified arborist, which
verifies that the tree is healthy, provided further, that the application shall be filed between
3 and 5 years after the completion of all of the endangering construction work.
(d) The reforestation plan, upon acceptance by the Mayor, shall be a
condition of the permit.
Sec. 106. Reforestation requirements.
(a) A reforestation plan shall specify what measures, if any, will be
taken to preserve or aid each existing and endangered tree. The measures may include, but are
not limited to, fencing to protect tree trunks and critical root zones, the pre-construction
pruning of foliage or roots, and post-construction soil aeration. No right of access is created by this act
for an endangered tree located on property adjacent to the construction area.
(b) The reforestation plan shall provide for the replacement of each
tree specified on a deforestation statement according to the following ratio:
(1) A tree smaller than 37.7 inches in circumference shall be replaced
with a sapling on a one-for-one basis.by a quantity of saplings whose aggregated circumference equals or
exceeds the circumference of the endangered or removed tree.(2) A tree greater than or equal to 37.7 inches in circumference shall be
replaced by a quantity of saplines whose aggregated circumference equals
or exceeds the circumference of the endangered or removed tree.(3) Replacement saplings shall be chosen from a general list of native
plant species approved by the Mayor for citywide use.
(c)(1) The reforestation plan shall stipulate where reforestation will
occur. Reforestation shall occur either within one mile of the deforestation site and within
the District of Columbia, or within the Advisory Neighborhood Commission in which the deforestation
occurs. The reforestation may be on either public or private land.
(2) If a reforestation plan stipulates reforestation on private land,
the plan shall evidence a commitment of the properly owner showing acceptance of the
reforestation plan regarding his or her land and stating agreement to implement a 2 year
maintenance plan for each replacement sapling.(3) If a reforestation plan stipulates reforestation on public land
(District or federal), the plan shall include a letter from the appropriate public
agency approving and accepting the stipulation. A maintenance plan may be required as part
of the reforestation plan for any replacement tree planted on public land.
Sec. 107. Tree Registration
(a) There is established a tree registration program through which
trees of significance to their owners or the community may be registered with the Director. The
Director shall provide suitable markers for trees registered under this program.
(b) A property owner wishing to register his or her tree or trees may do
so on a form to be provided by the Director. The registration form shall include the
tree’s species, location and circumference. The form shall also include an agreement binding the
property
owner at his or her expense to maintain the registered tree for ten years, to refrain
from removing it unless pursuant to a reforestation plan attached to a permit, and to replace
the tree with a sapling if it is destroyed by whatever cause. At the option of the property owner, the
agreement may be renewed for additional periods of 10 years.
(c) The Director may register a tree without an application by the
property owner if the tree is especially impressive or an unusual example of a species due to
its size, shape, age, or any other trait that epitomizes the character of the species, and if the
following conditions are met:
(1) The Director has received a request formally adopted by the
Historic Preservation Review Board established pursuant to the Historic Landmark
and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144; D.C.
Code §5-1003); or(2) The Director has given 30 day written notice of proposed action to
register the tree to the property owner and the affected Advisory Neighborhood
Commission or Commissions and the affected Commission does not oppose the registration.
Sec. 108. Tree Fund.
(a) There shall be established a fund designated as the Tree Fund,
which shall be separate from the general fund of the District of Columbia and shall be used
solely for those purposes set forth in subsection (b) of this section. Monies deposited into the Fund
shall not revert to the General Fund of the District of Columbia at the end of any fiscal year
or at any other time, but shall be continually available for the uses and purposes set forth in
subsection (b) of this section. Donations as well as all deforestation fees collected pursuant to section
105 shall be deposited into this fiend. All additional permit fees
collected under this act shall be deposited into this fund. All receipts shall be deposited as soon as practicable. The Director
shall maintain the Fund in coordination with the Chief Financial Officer of the District of
Columbia.
(b) The Fund shall be used to provide markers for registered trees, to
replace trees registered pursuant to section 107 and which die, become unhealthy, or are
removed, to replace public space trees of any size, including saplings, and to provide
assistance for private and public tree replacement necessitated by storm damage and other acts of nature.
The fund shall not be used to pay for the removal of any tree or any part of a tree, to replace
any tree removed pursuant to a deforestation statement, or to purchase any type of plant other than
saplings.
(c) The Director shall submit to the Mayor and to the Council a
semi-annual statement of all receipts and disbursements of the fund.
(d) Private donations to the Tree Fund that are not required by this or
any other law shall be tax deductible for purposes of District income and franchise taxes.
Sec. 109. Trees on Public Space.
(a) A tree or sapling on public space shall be removed only by a duly
authorized representative of the Mayor. Prior to the removal of a tree on public
space, unless the tree is dead or dangerous and in need of immediate removal, the Director shall
provide not less than seven days’ written notice, excluding Saturdays, Sundays, and legal
holidays. This notice shall be provided to the affected Advisory Neighborhood Commission, the
seven days counted from the date of postmark or hand delivery, shall be posted on the tree
to be removed, and shall set forth the reason for the proposed removal. Not more than two
years after the effective date of this act, the notice also shall specify the location,
species, size, approximate age, and scheduled value of the tree sought to be removed, and shall
specify a plan to replace the tree, describing location, species, size, and scheduled value
of the replacement tree or trees.
Section 110.
Dangerous and Fallen Trees.
Nothing in this title shall prohibit the Mayor or a property owner from
removing immediately a dead tree or sapling, dead part of a tree or
sapling, or a stump from the ground, or to remove all or part of a tree or
sapling that is infected with Dutch Elm disease or that presents a clear and present danger to the safety of person, building, or public
improvement.
Section 111.
Enforcement.
(a) The Mayor shall deny approval of a building permit until assured of an
applicant’s compliance with section 105 of this act.
(b) The Mayor shall deny a certificate of occupancy for a building until
assured of an applicant’s compliance with the reforestation plan attached
to a permit. In cases where a certificate of occupancy is not required,
the Mayor shall deny approval to proceed beyond the concealment inspection
stage until assured of an applicant’s compliance with the reforestation
plan attached to the permit.
(c) Civil fines, penalties, and fees may be imposed as additional
sanctions for any infraction of the provisions of this title, or any rules
or regulations issued under the authority of this title, pursuant to
titles I-III of the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C.
Code § 6-2701 et seq.) ("Civil Infractions Act"). If the
infraction includes the removal of a tree in violation of any provision of
this title, including a deforestation statement, then the fine shall
include three times the scheduled value of each such tree. Adjudication of
any infraction shall be pursuant to titles IIII of the Civil Infractions
Act.
TITLE II: PROTECTION
OF TREES AS PROPERTY
Sec. 201. Section 13 of an Act for the preservation of the public peace
and the protection of property within the District of Columbia, approved
July 29, 1892 (27 Stat. 324; D.C. Code § 223110) is amended to read as
follows:
"Sec. 13. It shall be unlawful for any person or persons willfully
and wantonly to girdle, break, wound, destroy, or in any manner injure
any of the trees now growing or planted and set, and which may hereafter
be planted and set, on any of the public grounds, open spaces, or
squares or on any private lot, or on any of the streets, avenues, roads,
or highways in the District of Columbia, or any of the boxes, stakes or
any other protection thereof, under a penalty of not exceeding $2,500 or imprisonment for not more than 30 days, or both,
for each and every such o offense.".
Sec. 202. Article XVI of the Police Regulations of the District
of-Columbia, as adopted by order of the Commissioners May 24, 1902 (24 DCMR §§ 107.5, 107.6,
107.7, and 108.2) is amended to read as follows:
"Sec. 1. With regard to any tree located on any street, avenue, or
other public space in the District of Columbia, no person shall:"(a) hitch or fasten an animal to such tree, or to any supporting
stake or guy, or to any protective fencing;"(b) trim, prune, or whitewash any such tree unless with a permit
issued by the Mayor;"(c) unless with a permit issued by the Mayor, pile material about
any such tree, or to place or store cement, asphalt, soil or any
other substance which impedes the access of air and water to the roots of the tree, or to place salt, brine, petroleum
products, weed killer, or any other substance in such an amount to be injurious to the tree;"(d) attach an advertisement, guy, rope, or wire (unless the
guy is to support the tree) except with a permit issued by the Mayor; or"(e) wound, destroy, or in any manner injure such tree.
"Sec. 2. Civil fines, penalties, and fees may be imposed as
additional sanctions for any infraction of these provisions, pursuant to titles I-III of the
Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5,
1985 (D.C. Law 6-42; D.C. Code §6-2701 et seq.)."
Section 203. Within 240 days of the effective date of the Urban Forest
Preservation Act of 2001 the Mayor shall promulgate rules for the construction of tree
boxes that are adjacent to roads and in the public space. These rules shall require adequate
aeration, drainage, soil, and space for tree growth.
TITLE III:
TREE ADVISORY BOARD
Sec. 301. There is established a Tree Advisory Board to consist of 7
members appointed by the Mayor with the advice and consent of the
Council. At least 3 members of the Board shall
have
professional experience in landscape architecture or another
tree-related field. No member of the Tree Advisory Board shall be a District government employee at the
time of his or her nomination or appointment by the Mayor.
Sec. 302. Members of the Board shall be appointed for terms of three
years and may hold over until their successors are appointed.
Sec. 303. The Board shall meet on at least a quarterly basis.
Sec. 304. The Tree Advisory Board shall:
(1) advise the Mayor and the Director on city plans and polices which
impact the city’s urban forest;(2) recommend legislation relating to the urban forest;
(3) advise the Mayor and the Director about the annual Urban Forest
Management Planning Report required under section 103; and installation of new trees are tax deductible for purposes of District
income and franchise taxes, except that expenses incurred while implementing a reforestation plan
are not deductible.(4) serve as a forum for the community to provide input into the city’s
urban forest policies and practices.
Sec. 305. The Mayor shall provide the Tree Advisory Board with support
staff.
Sec. 306. Members of the Tree Advisory Board shall receive no
compensation, but may be reimbursed for out-of-pocket expenses incurred
while carrying out the official business of the Board.
TITLE IV:
CANOPY EXPANSION
Sec. 401. Subject to appropriation, actual expenses not to exceed $300
per tree for the installation of new trees are tax deductible for
purposes of District income and franchise taxes, except that expenses
incurred while implementing a reforestation plan are not deductible.
TITLE V: RULES, FISCAL IMPACT, AND EFFECTIVE DATE
Sec. 501.
Rules.
The Mayor, pursuant to title 1 of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code § 1-1501 et seq.),
shall issue rules, if necessary, to implement the provisions of this act.
Sec. 502. Fiscal Impact.
The Council adopts the fiscal impact statement in the committee report
as the fiscal impact statement required by section 602(c)(3) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 503. Effective Date.
This act shall take effect following approval by the Mayor (or in the
event of veto by the Mayor, action by the Council to override the veto), approval by the
Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 116: D.C. Code § 47-392.3(a)), and a 30-day period of
Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813: D.C. Code § 1-233(c)(1)), and publication in the District
of Columbia Register.