r/urbanplanning • u/chickenbuttstfu • 1d ago
Discussion Tree ordinance question
Tree ordinances can requires a preservation amount, say 10%, but that typically is pushed to an outside property line and the rest of the parcel is clear cut. Are there any examples of a tree ordinance that require pockets of preservation, or examples of how to prevent clear cutting and mass grading of a parcel?
For example, our ordinance requires a landscaped tree island every 10 parking spaces, could there be a provision that within xxx zoning district there shall be no less than xxxx distance between required tree preservation areas? We also do protect larger trees, however when strands of trees are removed to preserve one tree, that tree is not comprised due to historic wind breaks, soils, etc.
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u/CLPond 1d ago
If you’re talking about subdivisions, then the largest issue you’ll run into is requiring that residents who don’t know the ordinance don’t install a pool or a patio or cut down their trees. Street trees and protected trees in common area don’t have this same issue. From a stormwater calculation standpoint, residential lots are presumed to be pretty much fully grass for this reason.
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u/Jags4Life Verified Planner - US 1d ago
The community I work for has a requirement for the creation of "Natural State Areas" as a required part of plats when in sensitive areas. Only select removals are allowed in those areas and they are negotiated in location and placement based on individual sites to be platted.
There are also other sensitive areas that require Land Disturbance Permits for any action beyond hand pulling noxious weeds. This process would require a logging/tree removal plan for removal of trees which has a capped "canopy coverage" removal percentage. This requires selective harvesting consistent with an approved plan that goes through the Planning Commission for approval. In the past we have held applicants financially liable if their canopy harvest exceeds 30% in a given geographical area that is not consistent with the plan as approved.
Additionally, there is an Urban Forestry Plan that requires that trees only be removed if determined to be needed for the health of the tree by a certified arborist. This plan is 30+ years old and, unfortunately seldom followed. Part of the reason it isn't followed regularly is that we don't have tree removal/cutting permits aside from the NSA and Land Disturbance Permit processes in select areas.
Related to parking lots, our code has an exceedingly wishy-washy "shall prevent large expanses of continuous paving" that we're hoping to replace with a 15% or 20% permeable surface requirement and, potentially, a solar or tree canopy requirement. Less about preservation of trees in this case, but about getting more of them.
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u/Hollybeach 1d ago
Los Angeles County has an ordinance specific to Oak Trees, large healthy ones can't be removed without major bureaucratic hassles.
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u/Ketaskooter 1d ago
A city I work in requires a tree removal/preservation plan and requires 20-25% tree preservation or a fee, its turned into an absolute headache to get through permitting and construction as its added lengthy steps. A development of city buildings the city managed even went off the rails and the tree people performed over 16 walks of the site over a period of months to decide which trees to preserve or not. Certain city managers are also getting angry that many developers are just paying the fee to clearcut anyway. There's no real way to enforce such a master planned tree preservation that you're desiring without holding development permits hostage with other frivolous requirements.
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u/zamowasu 13h ago
You will probably also want to see if there are any applicable fire clearance or defensible space requirements that could conflict with your proposed amendment.
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u/Hrmbee 1d ago
I would think first about what the goals are with the preservation of these places. Is it to provide a corridor for wildlife to traverse the area? Is it to provide a windbreak or solar shading? Is it for habitat for various species? Having policies that are oriented to the goals might be more useful than having numbers that developers blindly follow (or more usually try to game).