18A.70.310 Tree removal applicability/exemptions.
The requirements for tree preservation shall be provided in accordance with the development standards of each individual zoning district and the provisions of this section, and are applicable to all zoning districts. Subsections A through C of this section do not apply to Oregon white oaks or trees located within the shoreline buffers subject to the shoreline master program (SMP). Refer to LMC 18A.70.330 for Oregon white oak protection standards. Refer to Chapter 3, Section B.8, Shoreline Vegetation Conservation, of the SMP for tree protection standards within shoreline buffers.
A. Lots of less than ten thousand (10,000) square feet in single-family residential zones are exempt from this chapter, except:
1. In the case of a short subdivision or subdivision per LMC 18A.70.320(C)(3)(b)(i), or
2. For those lots that contain Oregon white oak trees where specific tree preservation is required in LMC 18A.70.330, or
3. Where specific tree preservation is required as a mitigation measure under SEPA, or
4. In the event a permit is not required for the establishment of a use.
B. Removal of nonsignificant trees that are not protected by any other means is exempt from this chapter.
C. Removal of Trees in Association with Right-of-Way and Easements. Tree removal by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power, gas or communication lines, or motorized or nonmotorized streets or paths when pruning is not sufficient to alleviate the interference condition is exempt from this chapter.
Notification to the City by the public agency or franchised utility is required prior to tree maintenance or removal within City rights-of-way.
Topping is prohibited. Utility pruning shall be conducted in accordance with the latest edition of the United States Department of Agriculture’s Publication NA-FR-01-95 How to Prune Trees, available at https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsbdev7_016046.pdf, except that tree pruning for utilities shall be conducted in accordance with the latest edition of the International Society of Arboriculture’s Best Management Practices – Utility Pruning of Trees, available at https://www.seattle.gov/light/vegetation-management/docs/Acrobat%20Document.pdf.
D. Emergency Removal. Any number of hazardous protected and nonprotected trees may be removed under emergency conditions. Emergency conditions include immediate danger to life or dwellings or similar stationary and valuable property, including the presence of a target. Emergency removal may occur and all the following conditions shall be met:
1. The City is notified the following business day of the unpermitted action;
2. Visual documentation (i.e., photographs, video, etc.) is made available; and
3. The felled tree remains on site for City inspection.
4. Replacement required.
a. Nonsingle-family use: The property owner will be required to provide replacement trees as established in LMC 18A.70.320(I), Replacement.
b. Single-family use: The property owner will not be required to provide replacement trees.
5. Should the City determine that the tree(s) did not pose an emergency condition, the owner shall be cited for a violation of the terms of this chapter. [Ord. 775 § 1 (Exh. A), 2022; Ord. 726 § 2 (Exh. B), 2019.]