Planning to Chop Down, Remove, or Top Any Tree on your Property?
So, you think you can chop down, remove, or top any tree on your property? Think again.
Did you plant the tree? How big is it? Is it located on the parking strip? Is your tree exceptional? What do your neighbors think? These considerations, amongst others, are many questions you should ask yourself before buying that new chainsaw and having a bit too much fun.
Tree Protection Ordinances have existed throughout Washington State for many years and each city, town, and county may have its own code and regulations detailing which trees are protected and the process for getting a tree topped or removed. Many homeowners mistakenly believe they can remove or top a tree if it is on their property and only realize their wrongdoing when they receive a Notice of Violation (NOV) with a hefty fine. Often, it is their neighbors that report the removed trees to the governmental agencies in charge. Had these homeowners / developers done some research and worked with neighbors, they may have been able to avoid the fine and possibly removed the trees with a simple permit.
In Seattle, the Seattle’s Tree Protection Ordinance is found in Seattle Municipal Code (SMC) Chapter 25.11 et seq. The purpose and intent of the Tree Protection Ordinance is to protect the urban forest, and preserve and enhance the City’s physical and aesthetic character. With that in mind, you can certainly assume any tree is protected, even if it is on your property and doesn’t appear to be “exceptional”. Your neighborhood may think the tree is special, even if you do not. No wonder the City of Seattle has used “The Emerald City” as its official nickname since 1982.
The City of Seattle takes its tree protection seriously and limits the number, size, and type of trees that may be removed from your property. In general, if your tree is 6-inches or greater in diameter measured at 4.5 feet above ground or is an exceptional tree, then you most likely need a permit from the City before you can take any action. What is an exceptional tree? An “exceptional tree” is broadly defined and its definition can be found here: DPD Director's Rule 16-2008 - Designation of Exceptional Trees (seattle.gov).
The type of permit you apply for will also be dependent on the location of the tree and the use of the land. Research your property at Seattle Department of Construction & Inspections GIS (arcgis.com) and find out if it has environmentally critical areas (ECA). If the tree is located on a steep slope, landslide-prone critical areas, or wetlands, etc., then you will need a different permit than one located in a public right-of way (requiring a permit from Seattle Department of Transportation Urban Forestry).
If you have already received a Notice of Violation from City of Seattle’s Department of Construction and Inspection or another local government agency and you do not agree with the cited violation(s), closely review the NOV for the timing to request a review. Deadlines to appeal or request a review of your NOV by management are crucial and must be followed. Although tree removal and topping are generally prohibited, there are exemptions under SMC 25.11.030 and other local codes. Please contact the attorneys at Holmquist + Gardiner PLLC if you have any questions about your special tree or need assistance with navigating the review process to get your NOV amended or withdrawn.
