The District Department of Transportation (DDOT) republished in the DC Register on Friday, November 12, proposed regulations to put into effect the Urban Forest Preservation Act of 2002 for a 30-day comment period.
If approved by the Council, the regulations will require that a property owner obtain a permit before removing a non-hazardous “Special Tree,” defined as one with a circumference larger than 55 inches when measured at a height of 4.5 feet. If a permit is issued, the owner will pay a fee of $35 per circumference-inch into a tree fund or plant saplings equal in circumference to the removed tree or both.
The Urban Forestry Administration (UFA) in DDOT will administer the law, including issuing permits and imposing fines for violations. These funds will go toward planting additional trees in the District. Either the UFA or a certified arborist can determine whether a Special Tree is either hazardous or is a tree species that is not protected from removal, including Mulberry, Ailanthus and Norway Maple.
A number of changes have been made to the proposed rules since they were initially published earlier this year, including provisions that require the UFA to act within 40 days of the submittal of a permit application to remove a Special Tree, extend the time for which permits are valid, allow a person or non-governmental entity to remove a hazardous tree before obtaining a permit and increase the locations where replacement trees may be planted.
The proposed rules on are on the DDOT web site under Urban Forestry, and Office of the Secretary's web site (os.dc.gov, Office of Documents, DC Register) and in the DC Register (51 DCR 10471, Nov. 12, 2004).
Comments are due by December 13, 2004, to Ainsley Caldwell, Associate Director, District Department of Transportation, Urban Forestry Administration, 4901 Shepherd Parkway, SW, Washington, DC 20032, ainsley.caldwell@dc.gov, tel: (202) 645-6140.