The Seattle Times has a story about city councilmember Richard Conlin's proposal to restrict the cutting of trees on private property. The new rules being considered would protect exceptional trees from cutting and would limit property owners to cutting no more than three trees per year that are six inches in diameter. Diseased or hazardous trees could still be taken down. The rules as proposed are still less strict than Kirkland and Redmond. According to the City, Seattle has suffered extensive tree loss over the last 30 years and its tree canopy is half what it used to be.
Weirdly, the Times article refers to the limitations as an example of Seattle expanding its role as "environmental nanny," but that suggests tree destruction is entirely about personal behavior and a relatively trivial matter. Call that the "Ballard perspective," as Seattle's old Scandinavians tended to view trees as tall grass to be mowed.
True, city nannyism — the regulation of personal behavior — is annoying and Seattle is full of it, with both the best and worst intentions. But the loss of trees, particularly mature trees, in Seattle is significant and has environmental consequences. Much of the tree and canopy loss is due to private cutting, says the City. Part of it is due to policies avidly promoted by the City, such as in-fill and higher densities. Some is also due to people building larger homes on their lots and gobbling open space. Limiting tree cutting is about regulating the built environment and is no more nannyism than zoning laws or building codes.
One important thing Conlin's tree protection proposal can do is begin to shift the balance in favor of trees over tree-cutting. I have argued that the burden of proof for public benefit should fall on tree-cutters, not on those who want to save them. This ethic needs to be embedded in our development rules as well.
Councilmember Tim Burgess is worried about intrusion on private property rights and the "fairly severe limitations" the proposed regs would impose. Councilmember Richard McIver has also previously worried about the rights of private tree-cutters. The Times says Burgess prefers an "incentives" system. Incentives are good too. Go ahead and offer some carrots, but you need a stick or two as well — Burgess, as a former cop, should understand that. But enforcement of the new rules will prove difficult. The City already can't police trees on public property, where vandals prey with virtual impunity on view-blocking trees. Nevertheless, it's long past time for Seattle to close the permanent open season on trees.
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Comments:
Posted Wed, Dec 3, 6:33 a.m. Inappropriate
I'm a long time urban tree guy and have personally planted over a hundred trees through various projects in Seattle - and this is totally wrong.
It's private property, period. Now, if the City wants to enable neighborhoods the authority to do design review, historic preservation of single family structures, and tree preservation that's fine, but you've got to make sure you've got support - and that's at least a 2/3 vote on a neighborhood by neighborhood basis.
Now, if the City wants to budget out some sort of property tax exemption in exchange for preservation that might make sense, but probably only if the particular grove is big enough to be platted out for development. Also, requiring permit fees to insure the removal is done safely AND provides funds for replacement plantings could probably work.
Douglas Tooley
http://motleytools.com/blog
Posted Wed, Dec 3, 9:11 a.m. Inappropriate
Weird, yes, very weird; but what is weird is not the notion that such is law is "nannyism", the truly weird concept is that it would not be seen as nannyism. Even for Seattle this is a spectacular display of government arrogance. If the city of Seattle thinks there are too few trees, the city of Seattle can plant more. But to claim that the government has a superior right to someone's private property based soley on aesthetics is a sinister concept indeed. If the city tells me I cannot cut down a tree because the city likes it, can it also compel me to cut down a tree that it finds unbecoming? Can it dictate that I plant trees that it feels are underrepresented, and prevent me from planting trees that it finds overrepresented? This type of dictatorial control is the kind of thing you'd expect from a homeowners' association in a "gated community"; but people who live in such places do so voluntarily. Homes aren't annexed into Deer Squat Links Estates by force. For a government entity to engage in such practices is outrageous.
Posted Wed, Dec 3, 9:46 a.m. Inappropriate
Totally agree with Douglas Tooley. The city should take pro-active steps to encourage tree-planting, not make it happen by fiat.
Personally, I believe trees ARE a value. So are sunlight, views, in some cases freedom from avalanches of autumn leaves.
Posted Wed, Dec 3, 1:50 p.m. Inappropriate
Personally, I'd go about my business as usual and sue if the City said boo. This is not "regulating the built environment." If you want to regulate the "built environment" begin with laws that manage impermeable surfaces and the associated water run-off. Alter the common practice of connecting downspouts to the main, or diverting rain-water into the ally.
The environmental benefit is as dubious as the efficacy of the proposed policy. The benefits you point to are derived from an ecology. By and large, the urban tree is a domesticate existing in a contrived environment. C'mon...we remove the leaf litter and truck it to the suburbs. The urban tree is largely ornamental; the proposed policy merely cosmetic.
Posted Wed, Dec 3, 3:56 p.m. Inappropriate
Wow, I'm the first tree-hugger to comment on this item?
I have to say that I think this is a great idea. Urban trees are not merely aesthetic or ornamental. They improve the air we breathe, stabilize soils, take up water and release it gradually through the summer. They cool us in summer and block the wind in winter. And they provide habitat for songbirds. If you think Seattle's trees are purely ornamental, try living in a city without a tree canopy. Your lungs will notice the difference.
The decision to cut down older, healthy trees shouldn't be purely a private one, any more than we should have the private right to set off fireworks on our urban front lawns, or to raise alligators or cook meth in our backyards, or dump paint thinner into urban streams that run through private property. In recent years in Seattle I've seen so many important trees cut down for purely aesthetic reasons, a mindless destruction. The city can't replace mature trees overnight. I don't think it's too much to ask private property owners to have a compelling reason for destroying part of the city's tree canopy.
Posted Wed, Dec 3, 4:02 p.m. Inappropriate
Mr. Berger: My point is that as an avid gardener I do not want anyone telling me what to plant in my yard. We live in Federal Way not Seattle but the principal still applies. You are welcome to visit us sometime. I work any problems that occur on the property line with my neighbors and usually pay for the tree trimming myself.
When we purchased our home of 33 years we were the first owners. The house was built on speculation and had been on the market for at least 6 months. Over time we removed all of the scrub trees in the front yard and planted with 2 giant sequioias, 3 different types of oaks. They are now quite large. At least one of them will have to be removed. The back yard had a huge about 100 year old large leaf maple tree. Over the years we had trimmed it but eventually the Inaugural Day Storm of Jan '93 made it clear that it had to be severely cut back. This last year we had it cut back to about 7 ft high stump that we use to put semitropical plants on. Another very large maple, same type, was removed entirely in 1993. We had planted red cedar trees and hinoki cypress for privacy but most of those have since been cut down. There are still a number of red cedar, doug fir and wild fruit trees. We have very little lawn in the yard and along the street. If I had had my way the gutter in front would have been filled in with a 12" pipe, covered drain and filled in with dirt. Primarily we have a collectors garden of rhodies, rare and unusual plants, etc. We call it our jungle. In the spring it is a riot of color.
Posted Thu, Dec 4, 1:21 p.m. Inappropriate
Rake up those leaves and clean out your gutters, be thankful you have a mature tree[s] on your property to take care of. Mature trees are the most under-valued ecological resource we have to counter global warming. Besides the aesthetics of form and seasonal color [priceless] and habitate for birds and small creatures; trees affect air quality and retain water. In 2007, Seattle staff completed another tree mapping of Seattle's canopy. Results are not in but I would venture to guess that the loss of Seattle's canopy has reduced even less than the reported 18%. [Last published data show that canopy cover has decreased from 40% in 1973 to 18% in 2001]
Tree transpiration and tree canopies affect air temperature, radiation absorption and heat storage, wind speed, relative humidity, turbulence, surface albedo, surface roughness and consequently the evolution of the mixing-layer height.
Trees also remove gaseous air pollutions primarily by uptake via leaf stomata, through some gases are removed by the plant surface. Once inside the leaf, gases diffuse into intercellular space and may be absorbed by water films to form acids or react with inner leaf surfaces. Trees also remove pollution by interception airborne particles.
Trees reduce building energy use by lowering temperatures and shading buildings during the summer. Deciduous trees, leaves fall and we have sunlight during the winter months.
Trees, especially mature conifers, prevent signifcant amounts of stormwater from reaching the ground. Trees also intake water through their roots, These actions reduce the amount of stormwater that reaches the stormwater handling system.
Trees are a part of our green infrastructure and should be considered as such. Thanks Knute for bringing this to our attention.
Posted Fri, Dec 5, 8:22 a.m. Inappropriate
If folks want to talk about managing storm-water and air pollutants, fine. If folks want to talk about building natural systems to manage storm-water and air pollutants, even better. But don't talk about restricting property rights, and call it managing storm-water and air pollutants. That's disingenuous! The removal of trees by individual property owners did not create the need for storm-water and air quality management.
Further, you simply CAN"T quantify the benefit to the public. There are tens of thousands of properties that have changed hands countless times. Countless varieties of trees exist in unknown (certainly less than ideal)conditions--often with little regard to natural habits. In addition, you can't account for any number of other factors. If the rain water is simply diverted off property, the presence of a tree matters little. Perhaps a property owner prefers solar panels, a vegetable garden, or rain garden.
In fact, the California courts presided over a case that pitted one tree loving property owner vs. a solar panel, hybrid driving property owner--both arguing their actions directly benefited the public. The courts ordered two trees to be remove, despite the fact that they were planted long before the solar panels were erected, as the courts ruled the trees blocked sun-light that would otherwise shine upon the neighbors panels to which the owner had a right to collect.
This proposed policy may allow a weak leader to score political points, and smug people to feel good about doing nothing--none of which, actually addresses the problem; however, its a do nothing policy based on sleight of hand that associates the benefits of an ecology to an archetypal "tree."
Posted Fri, Dec 5, 10:28 a.m. Inappropriate
YES...you can quantify tree benefits to the public. The first step is to know what you have. DC and Boston are cities that have done extensive city-wide tree inventories. [There are many others.] Boston, has a two prong approach that Seattle could follow...tree inventory and canopy mapping. Seattle's statistics about loss of canopy was derived from canopy mapping or GIS [Geographic Information Systems]survey. However Seattle has no tree inventory [on the ground--tree by tree] for trees, not even for trees on public properties. Benefits studies have been done by USDA Forest Service and others...data above from my previous email.
As with bike lanes vs. pedestrian paths, trees vs. solar panals is one of the legal 'green' battles we have to look forward to.
Posted Fri, Oct 9, 1:07 p.m. Inappropriate
What are my legal rights on this issue?
can someone assist here with a bit of advice.
I'm in King county and my neighbor has a dozen or so trees bordering the property line.
In measuring the height of these trees, their locations, taking into consideration the typical storm's wind direction, if one or more is blown down during a storm, my house, deck, hot tub, carport, cars or rv stand to get heavy damaged. I've asked the neighbor to deal with the problem and he assured me "they'd do something" but so far they have done nothing. That was a couple of years ago...
I've spoken with my insurance company and they won't cover much damage from falling trees.
In some cases I do not have insurance one the of the cars or rv. But they did ask me to document the problem and mail the results to all parties.
While I haven't mentioned this I'd be willing to pay a tree person to do the removal work. But I shouldn't have to pay for someone else's responsibility.
fwiw: the trees are now partly blocking solar panels several
hours per day.
Can someone provide some guidance on what I can do legally to get rid of this property hazard?
* Can I hire some one to remove the trees with out owner's consent?
* What if the tree were to mysteriously die over the winter season ( a few bags of rock salt for example) ?
thanks