City oversight

skew

skew

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I am wondering has had a government agency that either through local ordinance or some other authority critique or otherwise regulate the manner in which a private property owner prunes or removes trees.
 
Cases like the attached are not uncommon: a $57,000 Fine is a harsh 'critique', so checking the ordinances and talking to staff is a good idea. Mitigation for mispruning like topping can get real messy; no one wins but the lawyers.
 

Attachments

City of Atlanta requires city permit to remove trees. Permit application is followed by a site visit from a city staff arborist to approve or deny permit.
 
skew said:
I am wondering has had a government agency that either through local ordinance or some other authority critique or otherwise regulate the manner in which a private property owner prunes or removes trees.
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We should maybe be a little more specific. Most cities have ordinances regulating city street trees which exist in the city right of way. Those trees, most commonly, are therefore public trees not private trees. Some cities, but much less commonly, I think have ordinances that regulate what can and can't be done with truly private trees.
 
No municipalities near me that allow tree removals of greater than a certain DBH (diameter @ breast height) on private property unless the land has a specific designation such as timberland. They'll fine you in a minute for taking down your own tree if procedures aren't followed.
 
TreeLogic said:
No municipalities near me that allow tree removals of greater than a certain DBH (diameter @ breast height) on private property unless the land has a specific designation such as timberland. They'll fine you in a minute for taking down your own tree if procedures aren't followed.
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That is the model Atlanta follows.
 
Providence has a 'Significant Tree' portion of the zoning ordinance, requiring permission in writing from the City Forester to remove a tree that is 32" or greater DBH.

-Tom
 
oldoakman said:
That is the model Atlanta follows.
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You're saying (in Atlanta) I have to get a permit to take down my own tree in the middle of my own backyard??? Are you kidding? That's pretty Big Brotherish, isn't it? Is it just a rubber stamp sort of thing, or do you have to justify the reasons for removal to their satisfaction, and if you can't, you're stuck with the tree? I thought I'd worked with towns that were a P.I.T.A., but I stand corrected!
 
. eff said:
You're saying (in Atlanta) I have to get a permit to take down my own tree in the middle of my own backyard??? Are you kidding? That's pretty Big Brotherish, isn't it? Is it just a rubber stamp sort of thing, or do you have to justify the reasons for removal to their satisfaction, and if you can't, you're stuck with the tree? I thought I'd worked with towns that were a P.I.T.A., but I stand corrected!
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Atlanta proper you need to get a city permit to remove and hardwood over 6"dbh and pines over 4"dbh(may be vice versa). You must apply for the permit and a staff arborist visits your property and makes the determination. I agree it is too restrictive IMO. Storm and other emergencies are dealt with so as to not cause undue hardship on the owner.
 
24" DBH in Charleston and even less in Summerville, where pines have a huge history in the town and are considered somewhat sacred. Presidents used to go there to be amongst the pines as they were believed to have therapeutic qualities.

It's a pain in our ass to get a tree down but it definitely helps build a case when you're trying to talk a client out of a mistake.


EDIT: (from wikipedia)

History[edit]

Historic Downtown Summerville, SC.

Summerville became an official town in 1847. In that year, the town passed a law against cutting down trees of particular sizes, the first of such laws in the United States, and a $25 fine was issued upon any who did so without permission. Today, the motto upon the town's official seal reads "Sacra Pinus Esto (The Pine is Sacred)." [6]

In 1899, the International Congress of Physicians (or "Tuberculosis Congress"[5]) listed Summerville to be one of the two best areas in the world for treatment and recovery of lung and throat disorders. It received such notation due to its dry and sandy location, and the many pine trees in the area that release turpentine derivatives into the air. This notation is credited with aiding the commercial and residential development of Summerville.[6]
 
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Jeff said:
You're saying (in Atlanta) I have to get a permit to take down my own tree in the middle of my own backyard??? Are you kidding? That's pretty Big Brotherish, isn't it? Is it just a rubber stamp sort of thing, or do you have to justify the reasons for removal to their satisfaction, and if you can't, you're stuck with the tree? I thought I'd worked with towns that were a P.I.T.A., but I stand corrected!
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Providence's ordinance prevents idiots from making bad decisions about large old historic trees that very often affect far more than one property. Do you consider it big brother-ish when you have to get a permit to build a shed on your own property? I agree that Atlanta's ordinance is too restrictive, but ours, at 32 inches, is reasonable.
 
We all understand the benefits of trees and more so, forests. Trees physically span many properties both above and below ground. The effects of trees also cross borders. Cities have recognized that these benefits are integral to their wellbeing and that without protection of the canopy the environment within the city would degrade. It's not sufficient to protect only the public trees. It must be all trees regardless of where their trunks break through.

These ordinances or by-laws are an opportunity for us to actually get paid for our intellectual property, knowledge of trees.
 
OK, I've calmed down a little. I totally understand the historic tree, significant tree thing and how much trees affect both personal property values as well as a city's well-being. Nothing I hate more than an urban concrete jungle. Every time I've been in New York city I'm amazed (thrilled!) that people had to foresight to preserve Central Park, the Bronx Zoo, New York Botanical Gardens, etc, etc. Absolutely irreplaceable beauty in the middle of such a huge city. When I was reading Oldoakman's and TreeLogic's posts, I was picturing that 3/4 dead, apple scab infected crab apple in the back yard, or the volunteer Ailanthus altissima that shot up right behind the garage. Charlestown's 24"dbh sounds perfectly reasonable. Atlanta's 4"? Maybe a bit strict, imho.
 
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