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Tree Protection Ordinances

Tree-lined residential street with the State Capitol in the background
  1. Plan Commission

  2. Plan Commission

  3. Board of Public Works

  4. Common Council

The Madison Common Council is considering an legislation to strengthen protections for City street trees. 

The proposal aligns our rules with the current best management practices for street trees. When mature trees are lost, it takes decades to recover the benefits they provide, like cooling our homes, intercepting stormwater, and improving health outcomes in neighborhoods. Trees are invaluable community assets. As Madison continues to see many development projects, taking more steps to protect trees as a key part of our infrastructure just makes sense.”

City of Madison Forester Ian Brown

Tree Protection Updates

There are three core features to the updates. More specific and technical details can be found in the ordinance language.

1. Increasing the Protection Zone Around Street Trees in Construction Areas

The current rules require a protection zone of five feet around trees in construction areas. That has proven to be insufficient, especially for mature trees.

The new ordinance proposes to increase the protection zone requirements.

For every inch of a tree trunk’s diameter, there will be one foot of tree protection zone required. For example, if there is a tree with a 20-inch diameter within a project area, a contractor must maintain a 20-foot protection zone around the tree. Also, if there is a tree with a 5-inch diameter or less within a project area, contractors must maintain a 5-foot protection zone.

The ordinance also allows the tree protection zone to be increased or decreased only with direct approval of Urban Forestry and Engineering.

2. Suspending or Revoking Permits for Tree Protection Violations

Currently, if trees are harmed contrary to approved plans, or if protection zones are violated, contractors can be fined. The new rules keep fines in place, add full cost to remove and replace the tree and importantly includes a new mechanism to ensure compliance.

The new ordinance proposes the ability to suspend or even revoke the necessary street occupancy permits for projects that fail to follow the tree protection rules within their approved plans.

Removing this permit will stop aspects of the project dependent on these permits until the tree protection issue can be resolved either administratively with Urban Forestry or on appeal at the Board of Public Works.

3. Establishing a Street Tree Replacement Fund

This creates a mechanism where Madison can be made whole if street tree removal is proven necessary for a project. Tree removal and replacement is an option of last resort.

If there is agreement between Urban Forestry and the developer/contractor that a street tree cannot be saved, the entity removing the tree will pay into a tree replacement fund equal to the value of the removed tree so Urban Forestry can improve the City’s canopy elsewhere. These funds will go directly to improving site conditions, soil volume, and tree planting to support future community canopy growth. 

Why are we doing this?

First and foremost to provide better protection of trees throughout the development process. Our current Tree Protection Zone (TPZ) is only 5 feet. Too often this is violated with significant negative impact to our Right of Way (ROW) trees. Once a developer or permittee has agreed that a City tree is to be preserved and protected during their project, we need them to do it. The photo is from mid-August and didn’t take long to find.

Tree trunk surrounded by construction equipment

Why is the Tree Protection Zone being expanded to 1 foot for every 1 inch Diameter at Breast Height (DBH)?

Construction site with a tree that has lost a large limb

Often the 5 foot TPZ is insufficient to prevent accidental damage with small mistakes leading to catastrophic results for trees that a developer agreed to protect. The new standard is not very aggressive, only coming in at the midpoint of recommended industry standards nationwide. The picture above and below are from last week. We have a developer that made proactive changes to their project to preserve this tree. However, with our current TPZ one careless moment from an equipment operator ripped a large lower branch off the trunk. What took decades to grow was destroyed in seconds. This is why we want the protection zone for a similar size tree to increase from 5 feet to 20 feet. 

 

Won’t the increased Tree Protection Zones (TPZ) make it more difficult to construct developments?

Sometimes. However, it’s important to note that using space inside the TPZ is possible once an agreement is made with Forestry. For example, on a 25 foot TPZ Forestry may allow use inside of the area if a harder protection barrier is put in place.

Does Forestry staff have the capacity to handle all this additional work? Will this slow down housing developments?

Forestry has already made some internal changes to increase our capacity in this area. Also, during the Operating Budget process, you will see a modest reorg of Forestry (no new staff). Taking it together we are intentionally creating space to manage more of this type of work. We expect some efficiencies with Forestry involved at the very beginning of this process (Development Review) and coupled with the increased TPZ should lead to saved staff time vs the current state where Forestry is introduced later in the stream when developers are getting committed to their plans or even later when inadequate TPZ leads to emergency call outs for Forestry to come review damage or push for further tree pruning to accommodate construction factors that should have been addressed earlier. Will it be enough, bluntly we don’t know, but its an issue we are aware of and are taking steps to manage. We don’t want to slow development.

Plans change and mistakes happen, isn’t this going to irreparably harm developers with potential delays if their permits are suspended?

Once approved and permitted (permits in play include ENGROW, Street Occupancy, Excavation, Driveway) projects are only delayed if:

  1. Once on site the developer/contractor realizes they, for whatever reason, can not do what they agreed to do to preserve and or protect ROW trees in securing said approvals and permits AND they can not work out a mutually acceptable resolution with City Forestry. In that scenario, a developer can appeal to the Board of Public Works (BPW) to have permits reinstated subject to certain conditions the Board stipulates.
  2. If a developer removes or damages a tree designated for protection AND they can not work out a mutually acceptable resolution with City Forestry, they could appeal to the BPW to have their permits reinstated subject to certain conditions imposed by the BPW.

It’s important to note this ordinance revision does not require developers to attend additional meetings or secure any additional permits during the approval process. The delay of going back to BPW only comes into play in the above scenarios and pulling permits by staff is viewed as a last resort. Developers would still be able to perform any work that does not require the above listed permits while in appeal.

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