Please adopt, with the amendments recommended by the Seattle Urban Forestry Commission, SDCI’s Director’s Rule 13-2020 (Designation of Exceptional and Significant Trees, Tree Protection, Retention, and Tree Removal during land division, including tree service provider requirements).

Seattle must  move forward now, without the delay urged by some, in adopting this updated Director’s Rule with the amendments proposed below. This process of increasing protection for our urban forest was first proposed by the Seattle City Council 11 years ago and is long overdue.

The following updates as proposed in the draft Director’s Rule are great steps forward:

• Reducing the upper threshold on exceptional trees to 24 inches in diameter at standard height (DSH) from 30 inches
• Designating trees 6 inches DSH and larger as protected trees, starting in the platting and short platting process
• Requiring Tree Care Providers to register with the City as the Seattle Dept. of Transportation already requires
• Continuing protection of tree groves as exceptional trees, even if a tree is removed from the grove
• Making clear that all exceptional trees removed during development must be replaced per SMC 25.11.090
• Tightening tree removal requirements for exceptional trees as hazard trees

The following changes  to the draft Director’s Rule are needed:

• Change Subject Title to remove words “land division” and replace with “Development”
• PURPOSE AND BACKGROUND.  add “SMC 23 requires that all trees 6 inches DSH and larger must be indicated on all site plans throughout the platting and sub-platting process, and that projects must be designed to maximize the retention of existing trees. This requirement continues throughout any subsequent development on all lots in all zones in the city.”

• SECTION 1. Reduce the number of trees and sizes required to be a tree grove. Kirkland, Woodinville, and Duvall all define a tree grove as “a group of 3 or more significant trees with overlapping or touching crowns.” Include street trees in groves.
• Add “Significant trees may become exceptional as they  grow in size. They are future replacements in the urban forest for exceptional trees when they die. Development projects must be designed to  maximize the retention of both exceptional and significant trees to maintain a diversity of tree species and ages.”
• Add  “All replacement trees regardless of size are protected trees and can’t  be removed.”
• SECTION 2.  Change the heading to “TREE PROTECTION”. Remove references to “Exceptional Trees” only and change to “Trees”. e.g., change “Exceptional Tree Protection Areas” to ”Tree Protection Areas”.  
•  SECTION 4. Add “The Director shall have the authority to allow replacement trees on both public and private property to meet the goals and objectives of race and social justice under Seattle’s Equity and Environment Initiative.”
• Under SMC 25.11.090 the Director has the authority to require “one or more trees” to be planted as replacement trees for removed exceptional trees during development. The number of trees required should increase with the size of the tree removed,  with a goal to achieve equivalent canopy area and volume in 25 years. Any in-lieu fee must also rise as the size of the removed tree increases. The city can not wait 80 years to replace an 80-year-old western red cedar tree and expect to maintain its canopy goals as large exceptional trees are removed during development.
• SECTION 5.   SEPA requirements under SMC 25.05.675 N are for protecting special habitats and need to be considered at the beginning of the development process. The language of this SEPA code section should be included in the Director’s Rule to be certain that the code is complied with.
• SECTION 6.  SDCI should adopt SDOT’s registration process and requirements to assist Tree Care Providers  in complying with city code and regulations.    Reduce the number of citations that will remove a Tree Care Provider from being registered with the city to no more than 2 per year.  Require annual registration same as Seattle business licenses require. Require that Tree Care Provider companies have a WA State contractor’s license to ensure they have workers’ compensation. Require they have a certificate of insurance that lists the city as an additional insured so the city cannot be sued. Require that all jobs either have a certified arborist on the work site or that they have visited the site and officially sign off on the specific work being done.

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Seattle’s trees and urban forest are vital to keeping our city healthy and livable. Trees and the urban forest comprise a vital green infrastructure. Trees reduce air pollution, storm water runoff and climate impacts like heat island effects, while providing essential habitat for birds and other wildlife. They are important for the physical and mental health of our residents.

Seattle’s rapid growth and an outdated tree ordinance are reducing these beneficial effects as trees are removed and not replaced. It is urgent to act now to stop this continued loss of trees, particularly large mature trees and tree groves. It is important to promote environmental equity as trees are replaced.

Please update Seattle’s Tree Protection Ordinance as recommended in the latest draft by the Seattle Urban Forestry Commission.

Here are the key provisions that need to be in the updated tree ordinance:

1. Expand the existing Tree Removal and Replacement Permit Program, including 2-week public notice and posting on-site, as used by the Seattle Department of Transportation (SDOT) – to cover all Significant Trees (6” and larger diameter at breast height (DBH)) on private property in all land use zones, both during development and outside development.
2. Require the replacement of all Significant Trees removed with trees that in 25 years will reach equivalent canopy volume – either on site or pay a replacement fee into a City Tree Replacement and Preservation Fund. Allow the Fund to also accept fines, donations, grants and set up easements.
3. Retain current protections for Exceptional Trees and reduce the upper threshold for Exceptional Trees to 24” DBH, protect tree groves and prohibit Significant Trees being removed on undeveloped lots.
4. Allow removal of no more than 2 Significant non-Exceptional Trees in 3 years per lot outside development
5. Establish one citywide database for applying for Tree Removal and Replacement Permits and to track changes in the tree canopy.
6. Post online all permit requests and permit approvals for public viewing.
7. Expand SDOT’s existing tree service provider’s registration and certification to register all Tree Service Providers (arborists) working on trees in Seattle.
8. Provide adequate funding in the budget to implement and enforce the updated ordinance.

PER CITY COUNCIL REQUEST, THE URBAN FORESTRY COMMISSION (UFC) PROVIDED LINE-ITEM INPUT TO
THE VERSION D7 OF THE DRAFT LEG TREE REGULATION UPDATES ORDINANCE.
This document is a deliberative draft used by the UFC to guide the June 14, 2019 conversation with City
Council and Council Central Staff