[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016]
The purpose of this chapter is to regulate the removal of trees, encourage and assist property owners in managing large forested properties, and prescribe preventative protection measures to avoid damage to trees during site development in order to preserve the wooded character of the City of Lake Oswego and to protect trees as a natural resource of the City.
[Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976; Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2830, Amended, 10-1-2019; Ord. No. 2890, Amended, 3-17-2022; Amended, 12-3-2024 by Ord. No. 2954]
APPLICANT
Means the owner, contract purchaser, easement holder, licensee or similar interest, or for public street and right-of-way the road authority per ORS 810.010 or governmental entity with jurisdiction, either directly or through a representative, applying for a tree removal permit for a tree on the person's real property.
ARBORIST
Means a person who has met the criteria for certification from the International Society of Arboriculture and maintains accreditation.
BASAL AREA
Means the cross-sectional area (in square ft.) of the trunk of a tree measured 54 in. (4.5 ft.) above mean ground level at the base of the trunk, calculated from the diameter at that height (DBH); basal area equals tree diameter squared, times 0.005454. This is the same as radius divided by 12, squared, times Pi (approximately 3.14159). For an explanation of how to calculate the tree diameter, see definition of "Caliper Inch" below.
CALIPER OR CALIPER INCH
Where this Code requires a minimum caliper or caliper inch tree, the caliper inch of the tree proposed to meet the requirement is determined by:
a. 
If the required caliper inch is less than four in., the circumference of the tree trunk is measured six in. above the root ball (for nursery stock or other trees not in ground), or if planted, the ground.
b. 
If the required caliper inch is four in. or more, the circumference of the tree trunk is measured 12 in. above the root ball (for nursery stock or other trees not in ground), or if planted, the ground.
The circumference (in inches) is divided by 3.14 to determine the caliper inch of the tree.
CITY MANAGER
Means the City Manager or the City Manager’s designee.
DEAD OR DECLINING TREE
Means a tree is lifeless or is in a state of progressive and irreversible decline. Among the factors that could be considered to determine if the tree is lifeless include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Among the factors that could be considered to determine if the tree is in progressive and irreversible decline include chlorotic foliage, an overall thinning of the crown, significant branch mortality, top dieback, premature fall coloration and defoliation, or abnormally abundant fruit and flower production.
DIAMETER AT BREAST HEIGHT OR DBH
Means the tree trunk diameter measured at 4.5 ft. (54 in.) above mean ground level at the base of the trunk, except that if a tree splits into multiple trunks above ground but below 4.5 ft., the trunk is measured at its most narrow point beneath the split. The diameter is calculated by dividing the circumference by 3.14.
DRIPLINE
Means an imaginary vertical line extending downward from the outermost tips of a tree’s branches to the ground.
FOREST MANAGEMENT PROFESSIONAL
Means a certified or licensed (as applicable) arborist, forester, landscape architect, forest ecologist, or similar natural resource professional, with expertise in developing silvicultural prescriptions.
FORESTED TRACT, LARGE
Means a lot, parcel, or tract, or a portion thereof, one acre or larger in area containing not less than one acre of tree canopy or meeting the applicable stocking level for high/medium/low site class(es), as applicable, under the Oregon Forest Practices Act (OFPA). Where stocking level is used (e.g., for a forest management permit) site class is determined by a qualified forest management professional at the time of application submittal. A property may have more than one large forested tract on it, and forest land on contiguous tracts under the same ownership may be considered together in calculating the minimum area of one acre.
FRUIT TREE
Means the tree is of a species that can bear an annual crop of edible fruit that is grown for human consumption. For the purposes of this chapter, trees that produce fruits comprised of a hard shell and a seed, commonly referred to as nuts, are excluded (e.g., walnut, chestnut, oak).
INVASIVE TREE SPECIES
Means a tree species listed on the Invasive Tree Species List on file with the Planning Department. The Invasive Tree Species List shall include:
a. 
Tree species listed by resolution of the City Council; and
b. 
Tree species added by the City Manager from time to time, upon finding that the tree species has been introduced to locations outside of its native range, the tree species has spread and now persists over large areas, and the tree species negatively impacts natural ecosystems by displacing native species, reducing biological diversity and interfering with natural succession.
NATIVE MITIGATION TREE LIST
Means the list of trees listed in Appendix 55.02-1, which are suitable mitigation for the removal of a native tree approved by a Type II permit (LOC § 55.02.080; LOC § 55.02.084(4)(a)(ii)).
NATIVE TREE
Means a tree identified as native in the City’s Master Plant List (LOC § 50.11.004 Appendix D).
PERSON
Means any individual or legal entity.
REMOVAL
Means to cut down a tree or remove all or 50% or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline, die, or to qualify as hazardous (LOC § 55.02.042(4)). "Removal" includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. "Removal" does not include normal trimming or pruning of trees.
SIGNIFICANT TREE
Means a healthy, noninvasive tree over 15 in. DBH that is considered significant to the neighborhood due to size, species, or distinctive character, or the only remaining tree on a property.
SINGLE-FAMILY DWELLING FOR THE PURPOSE OF THIS CHAPTER
Means any of the following: a detached home, a townhouse or rowhouse, a zero lot line dwelling, duplex, or a condominium unit where the tree cutting permit relates to a tree located in the private yard of such a unit.
STAND (OF TREES)
Means a group of trees (of the same species or a mixture) that forms a visual and biological unit at least 15 ft. in height with a contiguous crown width of at least 120 ft.
STOCKING
Means the number of trees on a given area, as in the case of trees per acre required to be retained or planted after removal under a forest management permit. "Restocking" means trees planted under a forest management permit for reforestation. Stocking counts trees of all sizes and ages, including seedlings and young trees.
STREET TREE
Means a tree 1.5 in. or larger in diameter at breast height (DBH) located within the public right-of-way, a pedestrian easement abutting a right-of-way, or within a street tree easement, or used to meet the street tree requirements for a prior development permit.
STUMP
Means a tree of six ft. in height or less whose top was removed either under a tree removal permit or by an act of nature.
TOPPING
Means the severe cutting back of a tree’s limbs to stubs three in. or larger in diameter within the tree’s crown to such a degree so as to remove the natural canopy and disfigure the tree.
TREE
Means any woody plant having a trunk six in. or larger in diameter at breast height (DBH), except that for purposes of restocking, "tree" means a woody perennial plant, often but not always with one dominant trunk, with the capacity to achieve a mature height greater than 16 ft. If a tree splits into multiple trunks above ground, but below 4.5 ft., it is considered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, stumps, shrubs, and hedges that otherwise meet the above description (common examples include rhododendrons, camellia, English laurel, Portuguese laurel, photinia, arborvitae, and hazelnuts) shall not be considered a "tree."
TREE CANOPY
Means the total ground area covered by a tree or a stand of trees, as measured at the outer limit of tree branches or crown, projected to the ground. This is also referred to as the tree dripline.
TREE CUTTING PERMIT
Means written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter.
TREE RISK ASSESSOR QUALIFIED ARBORIST
Means a person who has met the criteria for qualification in tree risk assessment from the International Society of Arboriculture and maintains accreditation.
UTILITIES
Means water, sewer, gas, electric, and telecommunications services, including all infrastructure required for an exchange.
[Ord. No. 2664, Added, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016]
This chapter does not apply to the removal of trees less than six in. DBH.
[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
1. 
No person shall remove a tree without first obtaining a tree cutting permit from the City pursuant to this chapter.
2. 
No person shall top a tree without first obtaining a topping permit from the City pursuant to this chapter.
[Ord. No. 2097, Enacted, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2727, Amended, 11-1-2016]
1. 
If a major or minor development permit applied for pursuant to LOC §§ 50.07.003.15 or 50.07.003.14, respectively, would require or result in tree removal and/or a tree cutting permit as defined in this chapter, compliance with LOC § 55.02.080 shall be a criterion of approval of such development permit. Tree removals in conjunction with a major or minor development permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed major or minor development. The required notice for major or minor developments that would require or result in tree removals shall include a site plan indicating the location of any trees proposed for removal on the subject site. The proposed trees shall also be flagged with yellow flagging tape on site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining notice, hearing and appeal procedures in LOC Chapter 55 shall not apply to tree removals considered in conjunction with a major or minor development request. Subsequent tree removals that have not been reviewed through either major or minor development procedures shall be reviewed as provided in this chapter.
2. 
Once a final decision has been rendered on the major or minor development permit, trees that have been approved for removal as part of that decision shall be subject to the verification permit process. Applications for verifications shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this chapter. The criteria contained in LOC § 55.02.080 shall not apply to verification applications for tree cutting permits.
3. 
If a tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC § 55.02.080 by the body responsible for reviewing such land use actions. Such modification procedure shall not be required in cases of an emergency as provided in LOC § 55.02.042(5), or when the tree is dead as provided in LOC § 55.02.080(1) or is a hazard as provided in LOC § 55.02.080(2).
[Ord. No. 2097, Enacted, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Amended, 12-3-2024 by Ord. No. 2954]
An applicant that desires to remove a tree shall first apply for and receive one of the following tree cutting permits before tree removal occurs:
1. 
Type 1 Permit is required for:
a. 
A property that is located in a residential zone and is occupied by a single-family dwelling;
b. 
Removal of up to two trees, 15 in. DBH or less per tree within a calendar year, and removal of any number of fruit trees regardless of size; and
c. 
A tree that is not:
i. 
Protected by a condition of approval of a development permit pursuant to the Lake Oswego Community Development Code;
ii. 
Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC § 50.06.009;
iii. 
A heritage tree per LOC Article 55.06;
iv. 
Located within an RC or RP district or an HBA protection area;
v. 
Located within the Willamette River Greenway (WRG) overlay district;
vi. 
Located within the 25-foot Oswego Lake Special Setback;
vii. 
Located on property owned by the City of Lake Oswego or dedicated to the public, including parks, open space and public rights-of-way.
Type I permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I permit pursuant to this subsection.
2. 
Type II Permit:
a. 
A Type II permit is required prior to any tree removal application that does not qualify for issuance of a Type I permit, dead tree removal permit, hazard tree removal permit, emergency permit, verification permit, topping permit, invasive tree species removal permit, or forest management permit as described in this section.
b. 
Type II permits shall be reviewed and approved by the City Manager pursuant to LOC § 55.02.080 (approval criteria) and 55.02.082 (notice requirements).
3. 
Dead Tree Removal Permit:
a. 
The City shall issue a tree cutting permit for a dead tree, except as provided by subsection 3.b of this section, if the applicant demonstrates that a tree is dead or is in progressive and irreversible decline and warrants removal, or for ash (Fraxinus spp.), white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea) tree species known to be infested with emerald ash borer (Agrilus planipennis). The City may require the applicant to submit a report from an arborist substantiating that the tree is dead or in progressive and irreversible decline or infested with emerald ash borer.
b. 
In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, RC protection areas (LOC § 50.05.010.5.b), HBA protection areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval unless the tree presents a potential hazard to persons or property or is known to be infested with emerald ash borer.
4. 
Hazard Tree Removal Permit: The City shall issue a tree cutting permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal.
a. 
A hazard tree is a tree that is likely to fall and injure persons or property as evidenced by cracking, splitting, leaning or physical damage. A hazard tree may also include a tree that is causing damage to existing public or private services or public facilities and such facilities or services cannot reasonably be relocated or repaired. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning or moving the service or facility.
b. 
The City may require the applicant to submit a report from a Tree Risk Assessor Qualified Arborist confirming the hazard potential of the tree, indicated by a high or extreme hazard rating in the International Society of Arboriculture qualitative tree risk assessment, along with an analysis of alternative methods to alleviate the hazard without removal, and submit a completed hazard evaluation form as provided by the City.
5. 
Emergency Permit:
a. 
If the condition of a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property, an emergency tree cutting permit may be issued. For the purposes of this subsection, "immediate danger of collapse" means that the tree is already leaning, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree cutting permit could be obtained through the nonemergency process. "Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning or treatment.
b. 
An emergency permit shall be issued if a tree is leaning such that it rests either:
i. 
On a structure; or
ii. 
On another tree and there is a significant likelihood that the tree will topple or otherwise fail.
c. 
If a utility service has been interrupted such that the applicant can demonstrate that repairs cannot be completed without the removal of a tree, an emergency permit shall be issued. If the tree is a significant tree or a heritage tree, the applicant must also demonstrate that the utility cannot practicably be relocated.
d. 
Emergency tree cutting permits must be approved by the City Manager. If an emergency situation arises at a time when the City Manager is unavailable, and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the tree shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days of such removal, the owner of the tree shall apply for a retroactive emergency tree cutting permit and shall submit with the application evidence to demonstrate the emergency nature of the tree.
e. 
The City may require the applicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse. The person or entity performing the removal shall not be eligible to provide this review. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this chapter, the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC § 55.02.130 and the mitigation requirements of LOC § 55.02.084.
6. 
Invasive Tree Species Removal Permit: The City may issue a tree cutting permit for a tree that is on the Invasive Tree Species List upon the applicant’s compliance with the requirements of LOC § 55.02.050(1)(a).
7. 
Verification Permit:
a. 
If a site has received development approval through a major or minor development process or for a ministerial resource enhancement project pursuant to LOC §§ 50.05.010.5.c.iii(7) or 50.05.010.6.c.ii(1)(f), then a verification permit shall be issued for those trees approved for removal through that process. To obtain a verification permit, an applicant must clearly identify in the field the trees to be removed by tying yellow tagging tape around each tree and submitting a site plan indicating the location of the requested trees. The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The City Manager will then verify that the requested trees match the site plan approved through the major or minor development process or resource enhancement project. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC § 55.02.084. Such mitigation requirements shall be a condition of approval of the original development permit.
b. 
Any tree not approved for removal through the original major or minor development review process or resource enhancement project shall not be approved as part of the verification permit process, unless the subject tree is located within an approved building footprint, public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the City may allow the tree to be removed without a Type II tree cutting permit process; however, the mitigation requirements of LOC § 55.02.084 shall still apply.
c. 
Verification permits shall be issued upon application and demonstration by the applicant that the request complies with this section. Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the City Manager.
8. 
Topping Permit:
a. 
A topping permit may be issued only if the following apply:
i. 
A utility, public agency, or other person who routinely tops trees in furtherance of public safety may apply for a topping permit pursuant to this section based upon an arborist or forester report establishing a methodology for topping in compliance with this subsection.
ii. 
Trees under utility wires may be topped only where other pruning practices are impractical.
b. 
The City, in granting approval for tree removal in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a "snag" for wildlife habitat.
c. 
A tree cutting permit obtained for tree removal shall not authorize topping unless said tree cutting permit specifically authorizes such action.
9. 
Forest Management Permit, Minor or Major: The City shall issue a permit for tree cutting on a large forested tract upon the applicant’s compliance with the requirements of LOC § 55.02.072.
[Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976; Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 2-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2811, Amended, 1-2-2019]
1. 
An application for a tree cutting permit shall be made upon forms prescribed by the City.
a. 
Invasive Tree Species Removal Permit. An application for an invasive tree species removal permit shall contain:
i. 
Photograph(s) that positively identify the tree species;
ii. 
The number, DBH, species, and location of the trees proposed to be cut on a site plan of the property. For large forested tracts, the City Manager may accept an estimate of the number of invasive trees to be removed with a site plan indicating the estimated number, location, DBH, and species;
iii. 
Information as to whether the tree is located in a public right-of-way, is within a Resource Conservation or Resource Protection overlay district, or a required protection area for a Habitat Benefit Area, or is part of an approved landscape or mitigation plan; and
iv. 
Any other information reasonably required by the City.
b. 
Other Tree Removal Permits. An application for a tree cutting permit that is not for an invasive tree species removal permit shall contain:
i. 
The number, DBH, species and location of the trees proposed to be cut on a site plan of the property, except as provided for a major forest management permit application under LOC § 55.02.072(4);
ii. 
A forest management plan, where an application is for a major forest management permit under LOC § 55.02.072(4). The application shall provide an estimate of current and proposed stocking levels (number and basal area) of trees six in. or greater DBH by general categories of trees (e.g., evergreen-conifer, evergreen-broad leaf, deciduous, etc.), and identify the names of the predominate tree species representing each category;
iii. 
A statement of the reason(s) for removal;
iv. 
A landscape plan for Type II tree removal if the purpose is to carry out the plan; and
v. 
Any other information reasonably required by the City.
2. 
The applicant shall have the burden of proving that the application complies with the criteria for approval of the applicable class of permit.
3. 
Misrepresentation of any fact necessary for the City’s determination for granting a tree cutting permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, and owner’s authorized signature.
[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016]
An application for a tree cutting permit shall be accompanied by a filing fee as established by resolution of the City Council.
[Ord. No. 2664, Added, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Amended, 12-3-2024 by Ord. No. 2954; Amended, 11-19-2024 by Ord. No. 2948]
1. 
Purpose. The criteria for approval of forest management permits are intended to sustain forest cover and health, and assist property owners in managing forested properties, while minimizing the risk of catastrophic events such as wildfire, drought, pest and disease infestations, storms (tree blow-down), and landslides. In addition, large forested tracts can provide thermal comfort and energy conservation (where stands of trees provide summer shade and windbreaks); water quality (through reduced runoff and erosion); air quality; noise reduction (e.g., in areas of dense trees and shrubs); wildlife and biodiversity; income for property owners; and aesthetics, which can contribute positively to community identity, real estate values, commerce, recreation, and individual health and well-being.
2. 
Applicability. An applicant may apply for removal of one or more trees from the subject tract provided the tract is not subject to a pending application for minor or major development, and the subject trees are not:
a. 
Noteworthy landscape features included in the Cultural Resources Inventory Field Form for a property that has been placed on the Historic Landmark Designation List pursuant to LOC § 50.06.009, except if the “Statement of Significance” indicates the features are not significant to the landmark;
b. 
A heritage tree per LOC Article 55.06;
c. 
Located within an RP or RC district, or HBA protection area;
d. 
Located within the Greenway Management (GM) overlay district (LOC § 50.05.009); or
e. 
Located within the 25-foot Oswego Lake Special Setback (LOC § 50.04.002).
3. 
Minor Forest Management Permit. An applicant may apply for a minor forest management permit to remove trees under the following criteria:
a. 
Removal of up to six trees or four square ft. of basal area, whichever is greater, within one calendar year for every one acre (43,560 sq. ft.) of a large forested tract (round to the closest whole number of trees).
b. 
Removal of any number of trees that meet the criteria in LOC § 55.02.042 for a dead tree removal permit, hazard tree removal permit, emergency permit, topping permit, or invasive tree species removal permit may be combined in one minor forest management permit. The City Manager may require a report from a qualified forest management professional to address the respective criteria.
c. 
Soil, felled trees, and debris shall be contained within the subject tract; forest management activities shall not cause erosion or alter the flow of surface waters onto an adjacent property. An erosion control permit approved by the City Manager pursuant to LOC Chapter 52 is required prior to tree removal activities that disturb 500 sq. ft. or more of land surface area, or any land area within 50 ft. of a stream corridor boundary.
d. 
If the site was subject to a development permit, the removal of trees shall not be contrary to the development permit pursuant to LOC Chapter 50.
Minor forest management permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a minor forest management permit pursuant to this subsection.
4. 
Major Forest Management Permit (Forest Management Plan). An owner of a large forested tract or the owner’s authorized agent may apply for a major forest management permit to remove more trees than would be permitted under a minor forest management permit. An application for a major forest management permit shall be accompanied by a forest management plan prepared by a qualified forest management professional, which shall be reviewed and approved by the City Manager pursuant to the notification requirements in LOC § 55.02.082 and the following criteria:
a. 
The forest management plan shall include a description of the existing conditions and identify and describe the forest management objectives that it is intended to implement for each tree stand type proposed for treatment. Forest management objectives include pest management; disease prevention and treatment; protection against catastrophic events, such as wildfire and storms (tree blow-down); removal of individual hazard trees; water quality protection or improvement; removal of invasive species; and routine pruning, thinning, and replanting of trees for forest health and diversity;
b. 
Forest management shall not include the felling and removal of all trees from a stand (clearcutting), except where a stand is predominately comprised of diseased trees, treatment by other means is not practicable, and the forest management plan provides for restocking with nonsusceptible species;
c. 
Forest management activities will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;
d. 
Forest management activities will not result in removal of more than 50% of the basal area of trees within a required setback yard under the applicable zoning district (LOC Chapter 50). The reviewing authority may grant an exception to this criterion when alternatives to tree removal have been considered and no reasonable alternative exists but to allow the proposed forest management activities. In making this determination, the reviewing authority shall consider the advice of a qualified forest management professional;
e. 
Removal of the tree(s) is not for the sole purpose of providing or enhancing views. Thinning and pruning of trees to provide a fuel break next to an existing dwelling is allowed subject to compliance with the criteria of this section;
f. 
Removal of trees shall substantially conform to any development permit issued for the site pursuant to LOC Chapter 50.
g. 
The application shall contain a forest management plan (narrative and site plan) that:
i. 
Identifies all proposed areas of tree removal, stocking, and other forest practices, as applicable;
ii. 
Identifies all proposed forest management activities, including timing, duration, method of application (e.g., manual or equipment), temporary and permanent disturbance areas (e.g., any roads, stockpiles, etc.), and, where applicable, erosion control measures under LOC Chapter 52;
iii. 
Describes how existing trees to be retained, including trees not in the area to be thinned, and those on abutting property, will be protected during all proposed forest management activities;
iv. 
Demonstrates how any adverse impacts, per subsections (4)(c) and (4)(d) of this section, will be avoided; or, where impacts are unavoidable, how they will be minimized or mitigated;
v. 
Provides silvicultural prescriptions and maintains site-appropriate stocking levels as recommended by a qualified forest management professional to achieve the stated forest management objectives. The reviewing authority may refer to the Oregon Forest Practices Act for guidance on recommended stocking levels, as applicable; and
vi. 
Preserves exemplary specimen trees for their aesthetic or educational value where preservation does not conflict with the proposed forest management objectives.
[Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
An applicant for a Type II tree cutting permit shall demonstrate that the following criteria are satisfied. The City Manager may require an arborist’s report to address the criteria for a permit.
1. 
The tree is proposed for removal because it has outgrown its landscape area or the removal is part of a landscape plan, or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations. The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application;
a. 
For the purposes of this section, a tree that has outgrown its landscape area may include, but is not limited to, a tree that has grown such that damage to a structure or facility cannot be avoided by pruning or other maintenance, a tree that has grown too large within a constrained space such as a deck or other built feature that was constructed around the tree, or thinning to improve the health of other trees.
b. 
For purposes of this section, a "landscape plan" shall consist of plantings but may also include walkways, patios and other landscape features; the plan must include more than removing the tree for which the Type II permit is requested and planting required mitigation trees;
2. 
Removal of the tree, considering proposed mitigation measures, will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;
3. 
Removal of the tree will not have a significant negative impact on the character or aesthetics of the neighborhood. This standard is met when removal of the tree(s) does not involve:
a. 
A significant tree;
b. 
Alterations to the distinctive features or continuity of the neighborhood skyline, as viewed from all public streets and properties within 300 ft. of the property;
c. 
A tree that serves as a visual screen between a residential zone and an abutting nonresidential zone, or between a low density residential zone and a medium or high density residential zone, or between a medium and high density residential zone;
d. 
A street tree; or
e. 
Greater than 50% of a stand of trees.
Exceptions: This subsection 3. is not applicable when:
a.
A tree is likely to or will continue to cause damage to a permanent, viable existing structure, or to infrastructure, such as utilities or paved landscape features, that cannot be remedied through reasonable tree maintenance or pruning; or
b.
Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures (development purpose) or alternate landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code;
4. 
Removal of the tree is not for the sole purpose of providing or enhancing views;
5. 
Removal of the tree is not contrary to another section of the Lake Oswego Code; and
6. 
The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC § 55.02.084. Such mitigation requirements shall be a condition of approval of the permit.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2854, Amended, 11-3-2020]
1. 
An applicant for a Type II tree cutting permit or a major forest management permit shall:
a. 
Complete a public notice form. City staff shall distribute the notice to the neighborhood association whose boundaries include the proposed tree removal site;
b. 
Complete a certification that the property will be posted and the trees will be marked pursuant to this section;
c. 
Within 24 hours of applying for a tree cutting permit, post a public notice sign of a pending tree cutting permit as provided by the City on the subject property or associated access easement in a location that is clearly visible and readable to vehicles traveling on a public street and to pedestrians walking or biking by the property. The public notice sign shall state that a tree cutting permit is pending for trees on the property marked by yellow plastic tagging tape (or other means approved by the City, in the case of forest management permits), and shall include:
i. 
The date of posting and the pending permit number as assigned by the City Manager, and state that City staff will consider any comments on the pending permit that are received within 14 days of the date of posting. For pending forest management permits, the notice shall include a brief summary of the proposed tree removal and forest management activities;
ii. 
The following dates regarding the application:
A. 
Last date to submit written comments;
B. 
Expected date for issuance of tentative decision;
iii. 
Telephone number, City website address, and Planning Department location and hours to obtain information about the application, submit comments, obtain the tentative decision, and determine the last date to request a hearing.
d. 
Mark each tree proposed to be removed by tying or attaching a yellow plastic tagging tape to the tree at 4.5 ft. above mean ground level at the base of the trunk, on or prior to the same day that the property is posted; and
i. 
Exception: For tree removal under a forest management permit, trees may be identified with tree marking paint, flagging, or other methods recommended by a forest management professional and identified in the permit;
e. 
Maintain the tree marking until the final decision is issued.
2. 
After the close of the 14-day comment period:
a. 
If the tree cutting permit application is associated with development that is the subject of a building permit application, review of the tree cutting permit application shall be suspended until the associated building permit application is reviewed and the development is found to be in conformance with the Community Development Code standards. City staff shall then promptly make a tentative decision approving the permit, approving the permit with conditions, or denying the permit. (If the development in the associated building permit is materially different than the development as described in the tree cutting permit application, the applicant shall modify the tree cutting permit application so that the proposed development is materially consistent with the development in the associated building permit; the tree cutting permit application shall then be renoticed for a new comment period.)
b. 
If the tree removal permit application is not associated with development that is the subject of a building permit, City staff shall promptly make a tentative decision approving the permit, approving the permit with conditions, or denying the permit.
c. 
The tentative decision shall be posted on a Planning Department internet case file webpage, referencing the address stated in the posted notice. A notice of tentative decision shall state the deadline to file a request for hearing.
d. 
The notice of tentative decision shall be given to the applicant, neighborhood association, and persons that submitted written comments. The notice of tentative decision shall be provided by email to the person’s/association’s submitted email address, or if no email address is provided by a person but a mailing address is provided, then by first class mail.
3. 
If no request for a hearing is received within seven days after the tentative decision is issued and notice of tentative decision is given to the applicant, neighborhood association, and to persons that submitted written comments pursuant to LOC § 55.02.085, the tentative decision shall be the final decision.
4. 
If a request for hearing is timely filed, City staff shall immediately post a red sign on the subject property in the same manner as the posted notice under subsection 1.c of this section, stating a tentative decision on an application for tree removal was issued, a timely request for hearing was filed, and the location, time and date of the hearing. The applicant shall maintain the posting of this sign and the tree marking, until the date of the hearing.
5. 
Failure to install or maintain the required notice and marking may result in denial or delay in issuance of the permit or revocation of an approved permit.
6. 
The tree cutting permit shall be issued promptly after the decision approving the tree cutting removal application is final, except if the tree cutting permit application is associated with a building permit application, the tree cutting permit shall be issued concurrently with the building permit.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2811, Amended, 1-2-2019; Amended, 12-3-2024 by Ord. No. 2954]
1. 
An applicant shall provide mitigation for any tree permitted for removal, with the exception of the following:
a. 
Dead trees;
b. 
Hazard trees;
c. 
Emergency trees;
d. 
Trees that are removed under a Type I permit;
e. 
Invasive tree species, except as provided in subsection (2) of this section;
f. 
Tree removal under an approved minor forest management permit pursuant to LOC § 55.02.072; restocking may be required for a major forest management permit under LOC § 55.02.072(4);
g. 
When part of a resource enhancement project, the species, number, and size of mitigation trees shall follow the resource enhancement plan approved under LOC §§ 50.05.010(5)(c)(iii)(7) or 50.05.010(6)(c)(ii)(1)(f).
2. 
Mitigation for the removal of trees with known emerald ash borer infestation under a dead tree removal permit or for invasive tree species removal is required when:
a. 
The removal is from a public right-of-way and replanting is recommended by the Public Works Director;
b. 
The removal is from an RP or RC district, or HBA protection area, except as approved as part of a resource enhancement project; or
c. 
The tree was planted as part of a previously approved mitigation plan or landscaping.
3. 
Mitigation shall be required for any tree removal in violation of the Tree Code, excluding trees removed without permit by topping.
4. 
The mitigation requirement shall be satisfied as listed below. Except where subsection 4.c of this section applies, a mitigation plan shall be submitted showing the location, size, and species of mitigation trees, or in the case of large forested tracts, restocking of any new trees to replace the trees to be removed.
a. 
Replanting on Site. The applicant shall plant, for each tree removed:
i. 
Invasive Tree Species Removal Permit. Removal from a public right-of-way or from an approved landscape plan, either a minimum one-and-one-half-in. caliper deciduous tree (measured six in. above the root ball) or a minimum six-ft.-tall evergreen tree for each tree removed. Removal from a Resource Conservation or Resource Protection overlay district, or Habitat Benefit Protection Area, either a minimum one-half in. caliper deciduous tree or a minimum two-ft.-tall evergreen tree.
ii. 
Type II Permit. Either a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall evergreen tree for each tree removed. Mitigation for the removal of a native tree on the City’s Master Plant List shall be with a species from the Native Mitigation Tree List [Appendix 55.02-1].
A. 
Exception: Removal of a tree identified as a significant tree for development purposes shall require two minimum one-and-one-half-in. caliper deciduous trees (measured six in. above the root ball) or a minimum of two six-ft.-tall evergreen trees for each tree removed.
B. 
Exception: If tree removal is for the landscaping purpose of thinning to improve the health of other trees, mitigation shall be reduced to the extent there is insufficient space to replant elsewhere on the site and maintain tree health.
iii. 
Other Tree Cutting Permits. Either a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall evergreen tree for each tree removed. Mitigation for the removal of a native tree shall be with a native species.
The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council.
b. 
Replanting off Site. If in the City's determination there is insufficient available space on the subject property, the replanting required in this section may occur on other property in the applicant's ownership or control within the City, or in an open space tract that is part of the same subdivision, upon approval of the property owner. The City may specify the species and size of the tree.
c. 
Payment in Lieu of Planting. If in the City’s determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree fund an amount as established by resolution of the City Council.
5. 
Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees.
[Ord. No. 2097, Enacted, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2458, Amended, 5-16-2006; Ord. No. 2614, Amended, 2-19-2013; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2811, Amended, 1-2-2019; Ord. No. 2917, Amended, 12-20-2022]
1. 
The applicant, neighborhood association, or any person who submitted written comments may request a hearing on a Type II tree cutting permit following issuance of the tentative decision by filing a written request for hearing, along with the applicable hearing fee as established by resolution of the City Council, with the City Recorder, within seven days of the date the notice of tentative decision was given pursuant to LOC § 55.02.082. Failure to file within the seven-day period shall preclude such a request.
2. 
Requests for hearing shall be heard by the Development Review Commission (DRC), which shall hold a public hearing on the request. The City shall send notice of the hearing to the applicant, the recognized neighborhood association for the area in which the subject property is located, and to any person who submitted written comments. The notice shall be sent at least ten days in advance of the hearing.
3. 
The DRC hearing procedures shall be as follows:
a. 
The DRC shall hear testimony from the applicant, followed by those in favor of the application, those opposed to the application (beginning with the person who requested the hearing if different from the applicant), and concluding with rebuttal by the applicant;
b. 
Any person may testify before the DRC; and
c. 
Except as provided in subsection 3.a of this section, the hearing shall be conducted in the same manner as provided in LOC § 50.07.003.4.a.i through x, and 4.b through e.
Following the close of the public testimony, the DRC shall determine, based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC § 55.02.080. The findings, conclusions, and order shall contain the DRC’s reasons for approving, approving with conditions, or denying the permit.
4. 
A decision of the DRC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the DRC either orally or in writing may appeal the decision of the DRC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within ten days of the date of adoption of the DRC’s written findings, conclusions and order. The findings, conclusions, and order and minutes of the DRC’s meeting, along with any written staff reports or testimony, shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify. The Council’s hearing shall follow the same procedures set forth in LOC § 50.07.003(7)(d) through (f) (except the minimum time the staff report must be available for review prior to the appeal hearing is three days), (7)(h) through (l), (7)(m) (except any land use review deadline is not applicable), (7)(n), and (7)(o)(i) through (iv). The decision of the Council shall be final.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2854, Amended, 11-3-2020]
1. 
Dead and invasive tree species removal permits shall have no expiration date.
2. 
A properly issued tree cutting permit, other than a dead or invasive tree species removal permit and forest management permit, shall remain valid:
a. 
For tree cutting permits issued in conjunction with a development permit or building permit, for the duration of the development permit or building permit; or
b. 
For other than subsection 2.a of this section, for no more than 60 days from the date of issuance or date of final decision by a hearing body, if applicable. A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted.
Permits that have lapsed are deemed void. Trees removed after a tree cutting permit has expired shall be considered a violation of this chapter.
3. 
A minor forest management permit shall remain valid for no more than 180 days from the date of issuance.
4. 
A major forest management permit shall remain valid for the period specified by the approved forest management plan, except as required under subsection (5) of this section.
5. 
Minor and major forest management permits automatically expire upon approval of an application for a land division or development on the tract subject to forest management activities such that the tract would no longer meet the criteria for a large forested tract.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Amended, 12-3-2024 by Ord. No. 2954]
1. 
The reviewing authority may impose conditions of approval on any tree cutting permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree removal.
2. 
Conditions of approval may include, but are not limited to:
a. 
Cutting a tree or stump flush with the grade instead of grinding or fully removing a stump;
b. 
Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods;
c. 
Requiring vegetation not requiring a tree removal permit to remain in place or be planted;
d. 
Requiring the removal of injurious vegetation (e.g., English Ivy) from other trees on the property.
e. 
Avoiding removal of ash (Fraxinus spp.), white fringetree (Chionanthus virginicus) and cultivated olive (Olea europaea) tree species unless necessary during the emerald ash borer (EAB) active period of April 1-September 30 to prevent the spread of live insects.
f. 
Disposing of ash, fringetree and olive wood in accordance with guidelines established by the Oregon Department of Agriculture.
[Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016]
1. 
If a tree is removed without a tree cutting permit, a violation shall be determined by measuring the stump. A stump that is eight caliper in. or more in diameter shall be considered prima facie evidence of a violation of this chapter.
2. 
Removal of the stump of a tree removed without a tree cutting permit prior to the determination provided in subsection (1) of this section is a violation of this chapter.
3. 
Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the violation was committed. Prosecution of or failure to prosecute the owner shall not be deemed to relieve any other responsible person.
4. 
Tree removal caused by natural weather conditions shall not be deemed a violation of this chapter and shall be exempt from all penalties set forth in LOC § 55.02.130.
[Ord. No. 1429, 5-18-1971; Ord. No. 1880, 2-7-1984; Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Amended, 12-3-2024 by Ord. No. 2954]
1. 
Civil Violation. A violation of any provision of this chapter, or the breach of any condition of a permit granted under this chapter by the applicant or successor holder of an interest in the real property that is the subject of the application and permit shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. The unlawful removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall be a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in subsections (3) and (4) of this section.
2. 
Nuisance Abatement. The removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC Article 34.08.
3. 
Enforcement Fee. A person, including an applicant or successor holder of an interest in the real property, that removes a tree without first obtaining a tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of an approved tree cutting permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council.
4. 
Restoration.
a. 
A person, including an applicant or successor holder of an interest in the real property, that removes a tree without first obtaining a required tree cutting permit from the City pursuant to this chapter, removes a tree in violation of an approved tree cutting permit, or violates a condition of such a permit shall pay into the City's tree fund a standard fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council.
b. 
The City may require the person to pay into the City’s tree fund an increased fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council or the value of the tree as determined by an arborist in accordance with the methods set forth in the "Guide for Plant Appraisal," an official publication of the International Society of Arboriculture, whichever is greater, if any of the following apply:
i. 
The person has committed a previous violation of a provision of this chapter, or
ii. 
Tree protection measures as required by LOC Article 55.08 were not installed or maintained, or
iii. 
The tree removed was any of the following:
A. 
Thirty-six in. (caliper) in diameter or greater,
B. 
A heritage tree, per LOC Article 55.06,
C. 
Expressly protected or required to be preserved as a condition of approval of any permit pursuant to the Lake Oswego Community Development Code, or this Tree Code,
D. 
Located within the Willamette River Greenway per LOC § 50.05.009,
E. 
Part of an RP or RC district, or HBA protection area, per LOC § 50.05.010,
F. 
Located on public right-of-way, City-owned or dedicated property, a public or private open space area or conservation easement.
5. 
Injunction. Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this chapter.
6. 
Loss of City Privileges.
a. 
A person hired to perform tree removal within the City, upon request, shall provide evidence to the City Manager of a valid license to conduct business in Lake Oswego. The person is subject to business license revocation pursuant to LOC § 20.02.085 if the person violates any provision of this chapter.
b. 
Any arborist, builder, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report.
7. 
Arborist Report and Required Treatment. Upon request by the City, a person who violates any provision of this chapter shall submit a report prepared by an arborist or qualified forest management professional, as applicable, to evaluate the damage to a tree and/or make recommendations to remedy the violation. The City upon evaluating these recommendations may, at the City’s discretion, require that the recommended measures be implemented.
8. 
Cumulative Remedies. The rights, remedies, and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law.