A. 
Species
Any street tree or public tree must be a species listed on the Street Tree List unless otherwise approved by the Urban Forester.
B. 
Spacing, Size, and Placement
The spacing, size, and placement of street trees and public trees must be in accordance with Public Works Standards and a permit issued by the City under this section. The City may approve special plantings designed or approved by a landscape architect, or for ecological restoration projects where trees are likely to be planted at a much higher density to mimic natural conditions in forest regeneration and account for expected mortality.
C. 
Permit
No person may plant a street tree without first obtaining a permit from the City. A permit application must be submitted in writing or electronically on a form provided by the City. This permit is at no cost.
(Ord. 2247, 1/21/2025)
A. 
Applicability
1. 
No person will perform major tree pruning or remove any street tree or public tree without first obtaining a permit issued by the City.
a. 
For public trees, only the City, a public agency charged with maintaining the property, or a utility may submit a permit application.
b. 
For street trees, the applicant must be the City, the owner of the adjacent property, or be authorized in writing by the owner of the adjacent property, where the tree will be pruned or removed.
2. 
For public trees, this chapter will be applied in conjunction with any applicable standards in Title 19 Zoning, including those of Section 19.402 Natural Resources.
B. 
Permit Review Process
1. 
Application
A permit application must be submitted in writing or electronically on a form provided by the City and be accompanied by the correct fee as established in the Consolidated Fee Schedule.
2. 
Public Notice and Permit Meeting
Upon the filing of a permit application, the applicant must post notice, unless otherwise exempted in Section 16.32.030, of the major pruning or tree removal permit application on the property in a location that is clearly visible from the public right-of-way. The applicant must mark each street tree or public tree proposed for major pruning or removal by tying or attaching plastic tagging tape to the vegetation. The City will provide the applicant with at least one sign containing adequate notice for posting, tagging tape, and instructions for posting the notice. The notice must state the date of posting and that a major pruning or tree removal permit application has been filed for the vegetation marked by plastic tagging tape. The notice must state that any person may request a meeting with the City within 14 days from the date of posting to raise questions or concerns about the proposed pruning or tree removal prior to issuance of the permit.
If a meeting is requested, it must be held within 14 days of the request. The City will consider all concerns raised at the meeting but will have final decision-making authority over issuance of the permit based on the criteria and approval standards set forth in Subsection 16.32.026.C.
3. 
Declaration
The applicant will file a declaration on a form provided by the City stating that notice has been posted and that the vegetation proposed for major pruning or removal has been marked. Once a declaration is filed with the City, the City will provide notice of the application to the appropriate NDA.
C. 
Review Criteria and Approval Standards
The City may issue the permit, deny the permit, or issue the permit subject to conditions of approval. The City's decision will be final and valid for a period of one year after issuance unless a different time period is specified in the permit. Nothing prevents an applicant from requesting an amendment to an unexpired permit if the conditions and circumstances have changed.
1. 
Review Criteria
The City will not permit the major pruning or removal of a healthy, functioning street tree or public tree without a demonstration by the applicant that extraordinary circumstances exist. Maintenance or the replacement of sidewalks or curbs, removal of tree litter, or other minor inconveniences do not constitute extraordinary circumstances. Decisions regarding major pruning or removal of healthy, functioning street trees or public trees are fact-specific and are made on a case-by-case basis by the Urban Forester. In determining whether extraordinary circumstances exist that warrant the major pruning or removal of a healthy tree, the Urban Forester will consider:
a. 
Whether the species of tree is appropriate for its location;
b. 
Whether the species of tree is an invasive species;
c. 
Whether the crown, stem, or root growth has developed in a manner that would prevent continued healthy growth or is negatively impacting other trees;
d. 
Whether maintenance of the tree creates an unreasonable burden for the property owner; and
e. 
Whether the major pruning or removal will have a negative impact on the neighborhood streetscape and any adopted historic or other applicable design guidelines or public utilities.
2. 
Approval Standards
A permit will be issued only if the following standards are met as determined by the Urban Forester:
a. 
The proposed major pruning or tree removal will be performed according to current ISA Best Management Practices. An ISA Certified Arborist will be on site for the duration of any major pruning work.
b. 
The street tree or public tree proposed for major pruning or removal meets one or more of the following criteria:
(1) 
The street tree or public tree is dead or dying and cannot be saved as determined by an ISA Certified Arborist in accordance with ISA standards.
(2) 
The street tree or public tree is having an adverse effect on existing adjacent infrastructure that cannot be mitigated by pruning, reasonable alternative construction techniques, or accepted arboricultural practices.
(3) 
The street tree or public tree has sustained physical damage that will cause the vegetation to die or enter an advanced state of decline. The City may require additional documentation from an ISA Certified Arborist to demonstrate that this criterion is met.
(4) 
The street tree or public tree poses an unreasonable risk to the occupants of the property, the adjacent property, or the general public, as determined by an ISA Certified Arborist that is Tree Risk Assessment Qualified (TRAQ) in accordance with current ISA Tree Risk Assessment Best Management Practices.
(5) 
Major pruning or removal of the street tree or public tree is necessary to accommodate improvements in the right-of-way or on City-owned land, and it is not practicable to modify the proposed improvements to avoid major pruning or removal.
(6) 
The street tree or public tree is on the Oregon State Noxious Weed List or Milwaukie Invasive Tree List.
(7) 
The street tree or public tree is part of a stormwater management system and has grown too large to remain an effective part of the system.
c. 
Any approval for the removal of a healthy street tree or public tree must require the applicant to pay a fee as established in the Consolidated Fee Schedule.
D. 
Removal of Stumps
All stumps of street trees and public trees must be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground, unless otherwise approved to remain by the City.
E. 
Performance of Permitted Work
1. 
All work performed pursuant to a permit issued by the Urban Forester must be completed within the time period specified in the permit unless a different time period is authorized in writing by the Urban Forester.
2. 
An ISA Certified Arborist must be on site for the duration of any major pruning permit being performed on a public tree or street tree and is responsible for certifying that all arboricultural work is performed in accordance with ISA Best Management Practices.
F. 
Replanting
The City will require replanting as a condition of permit approval for the major pruning or removal of a street tree or public tree. Replanting must follow the tree planting requirements outlined in the Public Works Standards.
1. 
The replanted tree must be a species included on the Street Tree List unless otherwise approved by the Urban Forester.
2. 
The City will consider alternative planting locations for street trees when replanting at the location of removal conflicts with surrounding infrastructure and the interference would impair the replanted tree.
a. 
For street trees, replanted trees must be planted within the right-of-way fronting the property for which the permit was issued or, subject to the approval of the Urban Forester.
b. 
For public trees, replanted trees must be planted on the land from which the tree was removed unless a different location is approved by the Urban Forester.
3. 
In lieu of replanting and subject to approval of the Urban Forester, the City can require the applicant to pay a fee as established in the Consolidated Fee Schedule.
4. 
The optimal time of year for planting is from September through April. If planting is necessary in other months, the City may condition permit approval to require extra measures to ensure survival of the newly planted tree.
(Ord. 2247, 1/21/2025; Ord. 2254, 7/8/2025)
If a street tree or public tree is determined to be a hazardous tree by the Urban Forester, the City may issue an emergency removal permit. The removal must be in accordance with ISA Best Management Practices and be undertaken with the minimum necessary disturbance to eliminate the imminent danger.
(Ord. 2247, 1/21/2025)
The following exemptions apply:
A. 
Permit Exemptions
1. 
Maintenance
A permit for a street tree or public tree is not required for regular maintenance or minor tree pruning that is less than 20% of the crown or disturbance of roots within a radial distance from the tree of six times the tree's DBH or less than 25% of the root protection zone (see Figure 16.32.042.G.1.b) during any twelve-month period.
2. 
Removal
A permit for a street or public tree is not required when it is on the Oregon State Noxious Weed List or Milwaukie Invasive Tree List and less than two inches DBH.
B. 
Public Notice Exemptions
The following street trees and public trees may be removed without public notice subject to the City's review of the application:
1. 
A street tree or public tree that is dead or dying.
2. 
A street tree or public tree that is on the Oregon State Noxious Weed List or Milwaukie Invasive Tree List.
3. 
A street tree or public tree that is considered an unreasonable risk to the occupants of the property, the adjacent property, or the general public as determined by an ISA Certified Arborist that is Tree Risk Assessment Qualified (TRAQ) in accordance with current ISA Tree Risk Assessment Best Management Practices.
4. 
A street tree or public tree that is less than two inches DBH.
C. 
Removal Fee Exemptions
A permit for any of the following tree removal situations will not be subject to a removal fee:
1. 
Public Infrastructure Improvements
The removal of a street tree or public tree during a city public infrastructure improvement project if it is demonstrated that tree planting, establishment, and tree care-related project costs exceed the tree removal fee costs.
2. 
Private Utility Services
A street tree or public tree that the Urban Forester determines to have an adverse effect on adjacent private utility services.
3. 
Hazard to Dwelling Units
A street tree or public tree that the Urban Forester determines to threaten the structural integrity of a dwelling unit in a manner that cannot be mitigated by pruning, reasonable alternative construction techniques, or accepted arboricultural practices.
4. 
Noxious or Invasive Trees
A street tree or public tree that is on the Oregon State Noxious Weed List or Milwaukie Invasive Tree List and is two inches DBH or greater.
D. 
Topping Exemptions
Topping of a street tree or public tree may be exempted only if a determination has been made by the Urban Forester for these instances:
1. 
Crown restoration consistent with ISA Best Management Practices for trees severely damaged by storms or other causes, or:
2. 
Crown clearance, crown reduction, or risk mitigation consistent with ISA Best Management Practices for trees existing under or adjacent to utility wires or other obstructions where other pruning practices are impractical.
Topping is not considered tree removal when approved by the Urban Forester.
E. 
Replanting Exemptions
The replanting requirement in Subsection 16.32.026.F is not applicable when the permitted tree that was removed is a species on the Oregon State Noxious Weeds List or Milwaukie Invasive Tree List.
(Ord. 2247, 1/21/2025)
To the extent that City funds are available, the City Manager may grant a property owner an exemption or a reduction in permit fees, removal fees, replanting fees and/or may provide assistance in removing dead or diseased street trees in residential zones. Eligibility and extent of assistance will be based on a percentage of the property owner's median household income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area. A schedule of different fee reductions and exemptions will be determined by the City Manager.
(Ord. 2247, 1/21/2025)