4.Backup_JSC_Presentation on Tree Regulations and Protections_241023 — original pdf

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An Introduction to Austin’s Tree Regulations Joint Sustainability Committee October 23, 2024 Naomi Rotramel, City Arborist Daniel Priest, Environmental Compliance Specialist, Sr. 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 Why Do We Protect Trees? Austin’s urban forest currently has over 33 million trees, all of which support the following benefits: • • • • • • • • Trees improve air quality by filtering out particles, absorbing carbon dioxide and releasing oxygen. Trees help reduce flood impacts by slowing and filtering rainwater. Trees contribute to connections with nature that improve people’s health outcomes and contribute to an environment where people feel connected to their community. Trees are good for business: Shoppers spend more time and money in shopping areas with businesses that have good tree coverage. Tree roots hold soil in place, reducing erosion. Shade from urban trees can cool the air up to 8 degrees Celsius. Their shade and wind protection reduce energy use. Trees provide food, shelter, and nesting for diverse wildlife. Trees provide a sense of place and soften the sharp outlines of concrete, metal, and glass of urban and suburban cityscapes Source: Texas A&M Forest Service To maintain the health and integrity of our urban forest, the City of Austin strives to plant trees, preserve trees during land development, and care for existing trees. Why Do We Protect Trees? Land Development Code 25-8.B.1 • Prohibits removal of Protected or Heritage trees without a permit • 8"+ trees – preserve "to extent feasible" on site plan applications • Defines removal - physical removal, over pruning, or excessive root disturbance • Creates position of City Arborist to implement LDC 25-8.B.1 • Approval criteria for removal: • Reasonable use • Reasonable access • Dead, Diseased, or Imminent Hazard • Administrative rules – preservation criteria, protection requirements, mitigation • Variances and appeals 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 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 Regulated Trees in Austin Preserved Removed/ Mitigated Must meet criteria in ECM 3.5.2 Must fall under LDC 25-8-624 What are the Tree Regulations? Land Development Code (LDC) Environmental Criteria Manual (ECM) 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 ECM 3.5.2 - Preservation • 3.5.2.A - Standard Preservation Criteria • Impacts • Critical Root Zone • Preservation Criteria • 3.5.2.B - Alternative Compliance What is a Tree? What is a Tree? Source: Ziemianska, Monika and Marzena Suchocka, “The planning and principles of tree protection in the investment process” Impacts to Trees Unintended Consequences of Development Damage during construction can take 3-5 years to kill the tree, or even longer in some cases Impacts to Trees Physical Damage vs Disturbance of the Growing Environment Physical Damage Pruning, breaking, or severing of branches or roots Tearing of bark on trunk, branches, or roots Poison or other harmful chemicals Disturbance of the Growing Environment Soil compaction Changes to soil depth or soil chemistry Changes to drainage Minor impacts can add up and cause the death of a tree. Impacts to Trees • 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 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. Alternative Compliance 1. Remedial Tree Care 2. Low Impact Excavation 3. Elevated Foundations 4. Alternative CRZ Configurations 5. Transplanting 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 • The LDC requires mitigation when a regulated tree is removed. Mitigation ensures the continuation of a healthy urban forest. • Planting replacement trees is the primary form of mitigation. • Mitigation planting must be of a species listed in ECM Appendix F and comply with planting criteria in ECM 3.5.4.B.1. • Alternative Mitigation can be provided as payment-in- lieu to the Urban Forest Replenishment Fund (UFRF) at a rate of $200 per inch. The site must meet criteria in ECM 3.5.4.B.3 to qualify for Alternative Mitigation. • The UFRF is used to support tree planting in the City of Austin. 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 - UFRF Example Grant Awarded City Arborist Tree Review • • • • Verify that plans conform to the preceding criteria Residential (19” and greater) Reviewed with building permit application Commercial, Multi-Family, and Subdivision projects (8” and greater) Reviewed with Site Plan application or Site Plan Exemption Tree Ordinance Review Application Tree review not linked to a development application Includes: • • • • Dead, Diseased and Imminent Hazard (DDI) Emergency Utility Repair and Replacement Non-construction Related Violation-related 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 misdemeanor. • Environmental Inspectors write citations and issue affidavits. Inspectors also issue Enterprise Code Violations (ECVs). • • ECVs require remedial tree care or mitigation planting to restore the site • Unpermitted removal of a regulated tree can require both criminal and to code compliance. administrative resolution. • Both types of cases are initiated through a 311 report. Administrative Criminal Enterprise Code Violation Misdemeanor Citation Administered through Development Services Administered through Municipal Court Mitigation fees (LDC 25-8.B.1) Fines (LDC 25-1-426) Tree Preservation Total 1,397,678 Inches preserved FY 20-25 Tree Replanting Tree Preservation & Replanting Thank you!