20241010-003: Tree Smart An Introduction to Austin’s Tree Regulations Presentation — original pdf

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Tree Smart: An Introduction to Austin’s Tree Regulations Environmental Commission Urban Forestry Subcommittee Meeting October, 2024 Naomi Rotramel, City Arborist Daniel Priest, Environmental Compliance Specialist, Sr. Introduction to Austin’s Tree Regulations Impacts to Trees • History of the Tree Ordinances • Regulated Trees in Austin • What Are the Tree Regulations? • Measuring Trees • What is a Tree? • • Tree Rules – Development • Tree Preservation Criteria • Alternative Compliance Options • Tree Protection • Mitigation for removals • City Arborist Tree Review • Environmental & Tree Inspections – Routine inspections • Environmental & Tree Inspections - 311 History of Austin’s Tree Ordinance Margret Hofmann, 1925-2012 Hofmann Oaks Park History of Austin’s Tree Ordinance 1983 - Tree Preservation Ordinance 2010 - Heritage Tree Ordinance Regulated Trees in Austin Land Development Code 25-8, Subchapter B, Article 1 Tree and Natural Area Protection “REMOVAL means an act that causes or may be reasonably expected to cause a tree to die, including: • Uprooting; “The rules shall: development; • describe methods to protect trees against damage during • • • identify actions that will constitute removal; identify the root areas that require protection against soil compaction or the effects of impervious paving; and identify mitigation measures and methods of calculation for fiscal security to ensure performance of mitigation measures…” • severing the main trunk; • damaging the root system; • and excessive pruning.” Rules implementing LDC 25-8.B.1 are found in Section 3 of the Environmental Criteria Manual What are the Tree Regulations? Land Development Code (LDC) Environmental Criteria Manual (ECM) What are the Tree Regulations? Land Development Code 25-8, Subchapter B, Article 1 Division 1 – General Provisions Definitions Authorizes Rules Application Requirements Division 2 – Protected Trees Approval Criteria for Removal Division 3 – Heritage Trees Approval Criteria for Removal Variances Environmental Criteria Manual Section 3 3.3 - Survey Requirements Survey and Plan Depictions Hill Country Roadway Ordinance 3.5 - Design Criteria Protection (3.5.2) Mitigation (3.5.4) 3.6 - Tree Protection Environmental Criteria Manual Section 3 Changes to Environmental Criteria Manual Environmental Criteria Manual Section 3 3.3 - Survey Requirements 3.5 - Design Criteria 3.3.1 - Requirements by Jurisdiction 3.5.1 - Significant Tree Identification 3.3.2 - General Tree Survey Standards 3.5.2 - Preservation 3.3.3 - Environmental Assessments 3.5.3 - Design Constraints and Alternatives 3.3.4 - Hill Country Roadway Ordinance 3.5.4 - Mitigation 3.4 - Tree Anatomy 3.6 - Protection Changes have reduced length of Section 3 by more than 50% and more closely aligned the section with the Land Development Code Regulated Trees in Austin Preserved Removed/ Mitigated Must meet criteria in ECM 3.5.2 Must fall under LDC 25-8-624 Regulated Trees in Austin Code (Land Development Code 25-8) • Which trees are regulated? • When can I remove a tree/under what circumstances can the City Arborist permit the removal of a tree? Rules (Environmental Criteria Manual Section 3) • What actions constitute removal of a tree? • How do I mitigate the removal of a tree? Regulated Trees in Austin Regulated Trees in Austin • Includes hackberry, Ashe juniper, invasives, hazardous trees, etc. • Certain species are designated as Heritage Trees when they reach 24” diameter (LDC 25-8-602) • Palm trees are not regulated under the COA tree ordinance. Hackberry Ash Juniper ECM 3.3.2 - Tree Surveys • Surveys must include species, trunk diameter, location • Surveys for site plans must be certified by a land surveying professional • Surveys for residential projects do not need to be certified Measuring Trees Measuring Trees Trunk Diameters (cont.): • Generally measured at 4 ½ ft above grade and accurate to ½ inch • Multi-trunk tree: • determined by the total of the diameter of the largest trunk plus ½ the diameter of each additional trunk What is a Tree? • Leaves, Branches, Trunk, • Bark, Phloem, Cambium, Anatomy Roots Xylem Systems Growth, Reproduction, Defense, Transport, Stability Dr. David Appel – Texas A&M ISA-T Oak Wilt Qualification Training 2018 What is a Tree? Root System What is a Tree? Source: Ziemianska, Monika and Marzena Suchocka, “The planning and principles of tree protection in the investment process” ECM 3.5.2 - Preservation • 3.5.2.A - Standard Preservation Criteria • Impacts • Critical Root Zone • Preservation Criteria • 3.5.2.B - Alternative Compliance Impacts to Trees Physical Damage vs Disturbance of the Growing Environment An impact is any act that harms or is likely to harm the tree. Minor impacts can add up and cause the death of a tree. Impacts to Trees Physical Damage • Pruning, breaking or tearing of branches • Tearing of bark on limbs, trunk or root crown • Severing of roots • Damage from poison or other chemicals Impacts to Trees Disturbance of the Growing Environment • Compaction of soil • Changes to soil depth • Changes to drainage • Changes to soil chemistry Impacts to Trees What are some causes of impacts? • Excavation • Trenching • Heavy equipment • Material transport and storage • Foot traffic • Concrete washout or leaching Tree Rules - Development • Most damage to trees occurs due to development. • Trees are protected both through review of plans and enforcement of tree protection on active construction. • Tree Preservation Criteria are the rules the City uses to determine whether or not a tree is likely to survive a construction project or other impacts. If these criteria are not met the tree is at significant risk of premature death. Such impacts constitute removal. Tree Rules - Development Unintended Consequences of Development Damage during construction can take 3-5 years to kill the tree, or even longer in some cases Environmental Criteria Manual (ECM) Land Development Code (LDC) Environmental Criteria Manual (ECM) Tree Preservation Criteria Critical Root Zone (CRZ) • The CRZ is a circle around the tree with a radius in feet equal to the diameter in inches of the trunk. • The Half and Quarter CRZs are smaller circles within the CRZ with further restrictions. • The CRZ is not the extent of the tree’s root system, which often extends three to four times farther than the canopy of the tree. Tree Preservation Criteria Tree Preservation Criteria Tree Preservation Criteria Criteria 3 - No more than 25% of the living crown may be removed. Tree Preservation Criteria • At least fifty percent of the total area (square footage) of the Critical Root Zone must be preserved at natural grade, with natural ground cover. • The entirety of the Half CRZ must be protected, with the exception that cut or fill of 4" or less is allowed within the Half CRZ. • No cut or fill is allowed within the Quarter CRZ. Alternative Compliance Options Remedial Tree Care • Correct or remediate impacts • Qualified arborist • ANSI A300 Standard for Tree Care Alternative Compliance Options Low Impact Excavation • Air tools or other non-damaging excavation methods • Used for exploration as well as for locating trenches in otherwise restricted areas Alternative Compliance Options Elevated Foundations • Span or cantilever over CRZ • Anchored outside the Half CRZ or on piers dug using low impact excavation methods Alternative Compliance Options Alternative Critical Root Zone Configurations • Can match existing impacts within CRZ • No wider, no deeper Alternative Compliance Options Transplanting • Requires considerable planning and follow up care • Allows for impacts far in excess of what is normally allowed ECM 3.6 - Tree Protection Fencing Mulch • • • • • 5’ chain-link on 8’ steel posts Entire CRZ not approved for impacts or necessary for access 8” deep - all unfenced areas of CRZ not approved for impacts 3” deep – any area of disturbed soil within fencing Topped with decking inside Half CRZ Trunk/Branch Wrapping • Only required when fence is within 5’ of trunk or when low branches at risk of being struck by equipment ECM 3.5.4 - Mitigation • Tree planting is the main method of mitigation. • When it has been clearly demonstrated that reasonable use and access to a site cannot be achieved without removing a Protected tree, and if preservation criteria cannot be met, removal may be allowed on the condition that new trees are planted to replace the removed ones. • Mitigation planting is the term for these replacement trees. Mitigation for Removals • Mitigation is based on the diameter of the removed tree. • Mitigation for protected trees is one inch planted for each inch removed (100%). • Mitigation for heritage trees is 300%. • Some tree species are mitigation exempt. • Mitigation rates can be reduced for poor condition trees by City Arborist. Illustration by Laura Jackson Mitigation for Removals • Dead, Diseased, or Imminent Hazard (DDI) = mitigation exempt • Planting must be from Appendix F of the ECM mitigation • Planting trees is the primary form of • Payment in lieu Payment in lieu is to the Urban Forest Replenishment Fund (UFRF) at a rate of $200 per inch. • The UFRF is used to support tree planting in the City of Austin. Mitigation for Removals - UFRF Example Grant Awarded City Arborist Tree Review • Residential Tree review (19” and greater) Plan Review – handled through residential applications • • Commercial, Multi-Family, and CIP projects (8” Site Plan (Site Plan Exemption and Correction) and greater) • Standalone Tree Permits (Non-Development Related) • Dead, Diseased and Imminent Hazard – fee waived Emergency Utility Repair and Replacement Non-construction Related Violation-related • • • • Plan Review Not all development applications trigger a Tree review. • Express or Interior Remodel Building Permits • Stand alone trade permits • Landscaping or flatwork • Any of these projects may require a stand-alone tree permit if they potentially impact the CRZ of a protected tree! Tree Permits - Dead, Diseased, or Imminent Hazard (DDI) • Fees are waived, no mitigation required • Must pose a high risk to people or property within the next year • Only the City Arborist or their designee may make a DDI determination Environmental & Tree Inspections - Routine Inspections ensure that plans are followed during construction: • Tree protection is in place at all times. • Pruning does not exceed allowed limits. • Special conditions identified on the permit or in the plan set are followed through. • No trees intended for preservation are removed. • Required mitigation is planted. Environmental & Tree Inspections – Enforcement & 311 • Removal of a protected or heritage tree is a Class C • Environmental inspectors can write citations and issue misdemeanor. affidavits. • Inspectors can also issue Enterprise Code Violations (ECVs) that can require mitigation planting or other measures to correct the violation. Thank you!