Touch briefly on developing a private. Identify key elements that make a private property tree ordinance effective

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The Next Frontier:

Private Property Tree Ordinances

ff

2009 SMA Conference

Ainsley Caldwell Ainsley Caldwell

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This p esentation ill

This presentation will

• Touch briefly on developing a private property tree ordinance

property tree ordinance

• Identify key elements that make a y y

private property tree ordinance effective f

• Present a case study of Atlanta’s Tree

Ordinance pertaining to private property trees

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"I am still fascinated with the law, "I am still fascinated with the law,

by those who abuse and manipulate it, by those who abuse and manipulate it, by those who abuse and manipulate it, by those who abuse and manipulate it, those who are chosen to interpret it, those who are chosen to interpret it,

d i ll b th l h

and especially by those people who are and especially by those people who are forced to deal with it,

forced to deal with it, for better or worse.” for better or worse.”

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Gl b l P

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Gl b l P

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Global Perspective and Overview

The Urban Forest consists of trees on both The Urban Forest consists of trees on both

private and public space private and public space

p p p

The longThe long--term goal of Urban Forestterm goal of Urban Forest

The longThe long term goal of Urban Forest term goal of Urban Forest

management is sustainability management is sustainability

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S

e

S

e

Survey

How many of you are from towns/cities How many of you are from towns/cities

that have private property tree that have private property tree pp p pp p yy ordinances?

ordinances?

How many of you plan to develop a How many of you plan to develop a

private property tree ordinance within the private property tree ordinance within the private property tree ordinance within the private property tree ordinance within the next year?

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Why have private property tree

y

p

p p

y

ordinances?

Improve air qualityImprove air quality

Storm water managementStorm water managementgg

Improve water qualityImprove water quality

Shading and coolingShading and cooling

Human health benefitsHuman health benefits

Increased property valuesIncreased property values

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Private property rights

vs.

Public Good

A private property tree ordinance may be A private property tree ordinance may be

seen as “a taking” seen as “a taking”

A

A takingtaking is an action by a government is an action by a government depriving a person of private property depriving a person of private property

h h f

without the payment of just without the payment of just compensation.

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P blic Good

Public Good

In economics, a public good means

that consumption of the good by one

individual does not reduce availability

of the good for consumption by

others; and that no one can be

ff

i l

l d d f

i

h

ff

i l

l d d f

i

h

effectively excluded from using the

good.

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T

ARE P bli G d

T

ARE P bli G d

Trees ARE a Public Good

A Public Good outweighs the “rights”

of any one private individual

y

p

Improve air and water quality

Shading and cooling

Human health benefits

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Who Pa s?

Who Pays?

Who pays if the city/county prevents a Who pays if the city/county prevents a

property owner from removing a tree and property owner from removing a tree and then said tree causes property damage

then said tree causes property damage then said tree causes property damage then said tree causes property damage or worse yet, injures or kill someone? or worse yet, injures or kill someone? Who pays?

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D

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T

O di

D

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T

O di

Developing a Tree Ordinance

Form a core group, no more than 15Form a core group, no more than 15

Research your state’s ordinances that Research your state’s ordinances that

impact private property rights impact private property rights pp pp p pp p y gy g

Research PP tree ordinances in your stateResearch PP tree ordinances in your stateyy

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D

l i

T

O di

t’d

D

l i

T

O di

t’d

Developing a Tree Ordinance, cnt’d

Develop 1st draft Develop 1st draft

Solicit volunteersSolicit volunteers

With compromise and consensus develop With compromise and consensus develop

1st final draft 1st final draft

Clearly state the benefits that will accrue Clearly state the benefits that will accrue

to the average resident to the average resident

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D

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T

O di

t’d

D

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O di

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Developing a Tree Ordinance, cnt’d

Circulate final draft widelyCirculate final draft widely

Request written commentsRequest written comments

Hold public forumsHold public forums

Meet with elected officials who will vote Meet with elected officials who will vote

on ordinance on ordinance

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Common components of a strong

t

di

t

di

tree ordinance

FairFair

Equitable enforcementEquitable enforcement

Clear and unambiguous language Clear and unambiguous language

Clear and unambiguous languageClear and unambiguous language

f bl fl bl ( l l

Enforceable, yet flexible (multiple ways to Enforceable, yet flexible (multiple ways to

achieve goals) achieve goals)

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Common components of a strong

p

g

tree ordinance

Definitions Definitions AuthorityAuthority AuthorityAuthority

Purpose and IntentPurpose and Intent

E f t E f t EnforcementEnforcement PenaltiesPenalties

Appeal rightsAppeal rights

Permitted tree related activitiesPermitted tree related activities

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Common components of a strong

p

g

tree ordinance, cnt’d

Emergency provisionsEmergency provisions

Dedicated fundingDedicated funding

M i t M i t Maintenance Maintenance ExemptionsExemptions

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How do you measure

yy

effectiveness?

Is the tree ordinance working? Is the tree ordinance working?

Trees preservedTrees preserved

Recompense collectedRecompense collected

Reduced number of violationsReduced number of violations

T l t d t l t

Trees planted vs. trees lostTrees planted vs. trees lost

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ATLANTA’S TREE ORDINANCE

A CASE STUDY

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P

d I t t

P

d I t t

Purpose and Intent

There shall be no net loss of trees There shall be no net loss of trees

Establish and maintain maximum tree Establish and maintain maximum tree

cover cover

Maintain trees in a healthy and nonMaintain trees in a healthy and non--yy

hazardous condition hazardous condition

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B i f Hi t

Brief History

FortyForty--four years ago “Trees and four years ago “Trees and

Shrubbery” article Shrubbery” article

In 1993 Atlanta’sIn 1993 Atlanta’s Tree Protection Tree Protection

Ordinance Ordinance

Over the years, a number of changes Over the years, a number of changes

have been made have been made

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Contents of Atlanta’s O dinance

Contents of Atlanta’s Ordinance

Clearly states Responsibility and Clearly states Responsibility and

Authority Authorityyy

Clearly states definitions eliminates Clearly states definitions eliminates

Clearly states definitions, eliminates Clearly states definitions, eliminates

misinterpretation misinterpretation

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Contents of Atlanta’s O dinance

Contents of Atlanta’s Ordinance

Activities Activities

D d D i Di d H d t

Dead, Dying, Diseased, or Hazardous trees Dead, Dying, Diseased, or Hazardous trees Building plan reviews

Building plan reviews

Illegal tree removal or destruction Illegal tree removal or destruction Illegal tree removal or destruction Illegal tree removal or destruction

Permissible removalsPermissible removals

Incursions in CRZ and SRP Incursions in CRZ and SRP

For building in the “buildable area” For building in the “buildable area” Ingress or egress on property

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Contents of Atlanta’s O dinance

Contents of Atlanta’s Ordinance

Enforcement Enforcement –– our arborists are sworn code enforcement our arborists are sworn code enforcement

agents, can issue tickets agents, can issue tickets

Corrective ActionsCorrective Actions

Correction notices Correction notices Correction notices Correction notices

Assess illegal recompense Assess illegal recompense

Violations may be resolved at Atlanta’s Municipal Court Violations may be resolved at Atlanta’s Municipal Courtyy pp Appeal to Tree Conservation Commission

Appeal to Tree Conservation Commission Appeals to state Superior Court

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Contents of Atlanta’s O dinance

Contents of Atlanta’s Ordinance

Tree replanting and maintenanceTree replanting and maintenance

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Ongoing

Daily practice, policy, revisions to ordinance Daily practice, policy, revisions to ordinance

Flexible, dynamic, responsive to change Flexible, dynamic, responsive to change

Standards of Practice Standards of Practice –– no arborist shopping no arborist shopping

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Ch ll

Challenges

Collection of recompense Collection of recompense –– FCO, liensFCO, liens

No ‘special’ protection for Historic TreesNo ‘special’ protection for Historic Trees

No special protection for Historic TreesNo special protection for Historic Trees

Quality of tree canopy being preservedQuality of tree canopy being preserved

Q lit f t b i l t d

Quality of trees being replantedQuality of trees being replanted

Tree canopy study neededTree canopy study needed

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I C

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In Conclusion

Managing the urban forest is often Managing the urban forest is often

challenging but with the right tools to challenging but with the right tools to challenging but with the right tools to challenging but with the right tools to

protect, preserve, and replenish an urban protect, preserve, and replenish an urban

f t ti ill th

forest, over time, we will see the forest, over time, we will see the

expansion and sustained health of our expansion and sustained health of our urban trees

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Southern Red Oak Southern Red Oak

Gilb t H Gilb t H Gilbert House Gilbert House Atlanta, GA Atlanta, GA

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Contact Info mation

Contact Information

[email protected] [email protected]

In the subject line please put In the subject line please put

SMA C f SMA C f SMA Conference. SMA Conference. Thank you. Thank you.

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Q

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Q

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Questions

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R f

References

City of Atlanta tree ordinance City of Atlanta tree ordinance

http://www.atlantaga.gov/client_resources/government/planning/ar http://www.atlantaga.gov/client_resources/government/planning/ar borist/tree_ordinance.pdf

borist/tree_ordinance.pdfpp

Tree Ordinances as Public Policy and Participation Tools: Tree Ordinances as Public Policy and Participation Tools:

Development in Alabama. Arboriculture & Urban Forestry 35(3): Development in Alabama. Arboriculture & Urban Forestry 35(3): Development in Alabama. Arboriculture & Urban Forestry 35(3): Development in Alabama. Arboriculture & Urban Forestry 35(3): May 2009

May 2009

GA Tree Ordinances: Results of the survey of community treeGA Tree Ordinances: Results of the survey of community tree

GA Tree Ordinances: Results of the survey of community tree GA Tree Ordinances: Results of the survey of community tree

regulations in GA