The Director is authorized to administer, implement, and enforce the provisions of this chapter and delegate authority to enforce the provisions of this chapter to such person(s) as the Director may designate from time to time. The Director is authorized to promulgate, implement, amend, supplement and enforce such policies, procedures, requirements, and manuals, and to issue such guidance, as are reasonable and necessary to implement and ensure compliance with this chapter. Any such policy, procedure, guidance, requirement, or manual promulgated by the Director, and any amendments or supplements made thereto, shall be made available to the public.
Discretionary authority granted pursuant to the provisions of this chapter shall be exercised in a reasonable manner and consistent with applicable law, the purpose, scope, and intent of this chapter, and applicable policies and standards adopted by the City, including the City of Tacoma Comprehensive Plan, the Urban Forest Manual, the Design Manual, the Urban Forest Management Plan, and the Climate Action Plan.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
While this chapter authorizes the City of Tacoma and its officials, officers, employees and agents to administer this chapter, such authorization shall not be construed as placing responsibility for compliance, or as creating any duty, on the part of the City or any City official, officer, employee or agent to any particular case or to any particular person or class of persons. This chapter shall be enforced for the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. Nothing contained in this chapter is intended, nor shall be construed, to create or form the basis of any liability on the part of the City, its officials, officers, employees or agents, for any injury or damage resulting from any act or omission on the part of the City, its officials, officers, employees or agents.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
A. 
Compliance with laws. In addition to the requirements of this chapter, the removal, pruning and planting of street trees, and the removal, pruning and planting of trees and other vegetation on public real property, must comply with all applicable federal, state and local laws, rules and regulations as now or may hereafter be amended or adopted including, without limitation, the Critical Areas Preservation code (Tacoma Municipal Code (TMC) 13.11), the Shoreline Master Program (TMC Title 19), the Land Use Permits and Procedures code (TMC Chapter 13.05), the Right-Of-Way Development Code (TMC Chapter 2.22), and the Rights-of-Way code (TMC Chapter 10.22). A permit authorized under this chapter may be incorporated into and as part of a permit issued pursuant to TMC Chapter 2.22, TMC Chapter 10.22, TMC Chapter 13.05 and TMC Chapter 13.11.
B. 
Conflict of laws. A permit, or permit condition, issued under authority of this chapter that conflicts with an applicable provision of a federal, state or local law, rule or regulation shall have no force or effect to the extent of the conflict; provided that the permit, or permit condition may be more restrictive. For example, TMC Chapter 13.11 may prohibit complete removal of trees within critical areas.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Any reference in the Tacoma Municipal Code to TMC Chapter 9.18, 9.19, or 9.20, or any subsection thereof, shall as applicable, mean and refer to this chapter or the applicable subsection or subsections of this chapter.
(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein unless a different meaning is otherwise plainly required. Words not defined herein shall have the meaning given in TMC Chapter 1.82. Words not defined herein or in TMC Chapter 1.82 shall have the meaning given in the Urban Forest Manual. Words not defined in this chapter, TMC Chapter 1.82, or the Urban Forest Manual shall have the meaning given in ANSI A300. Words not defined in this chapter, TMC Chapter 1.82, the Urban Forest Manual, or ANSI A300 shall have their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The words “shall” and “will” are always mandatory and not merely directory and the word “may” is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.
A. 
9.20.140.A.
“AASHTO green book”
shall mean and refer to the most recent edition of the American Association of State Highway and Transportation Officials’ policy on geometric design of highways and streets more commonly referred to as the “green book”.
“Abutting”
shall mean having boundary lines in common.
“Abutting owner”
shall mean and refer to the owner of the property abutting that portion of the planting strip where fifty percent (50%) or more of the trunk of a street tree is located or proposed to be located.
“ANSI A300”
shall mean and refer to the most current version of the tree, shrub and other woody plant maintenance and standard practices standard A300 as accredited by the American National Standards Institute (ANSI) or its successor organization.
“Applicant”
shall mean and refer to the person applying for a permit or heritage tree designation or submitting a request to prune trees on public property.
“Arborist” or “certified arborist”
shall mean and refer to an individual engaged in the profession of arboriculture who, through experience, education and related training, possesses the competence to provide for or supervise the management of trees and other woody plants, and shall have the credential of Certified Arborist as granted by the International Society of Arboriculture (ISA). Certified Arborists must maintain their certification and be in good standing with the International Society of Arboriculture.
“Authorized agent”
shall as applicable mean and refer to a person retained and authorized by the City or an applicant to prune, remove or plant a street tree, or to prune, remove or plant a tree on City property.
B. 
9.20.140.B.
“Best management practices” or “BMPs”
shall mean and refer to the standard practices for tree pruning and removal approved or recommended under ANSI A300.
C. 
9.20.140.C.
“City”
is the City of Tacoma.
“City property”
shall mean and refer to all real property and real property interests owned or controlled by the City, with the exception of public rights-of-way.
“Conflict tree”
shall have the meaning as that term is given at TMC § 9.20.220.
D. 
9.20.140.D.
“DBH”, “DSH”, or “caliper inches”
shall mean diameter at breast height, or diameter at standard height, which refers to the tree trunk diameter measured at four feet six inches (4’-6”) above the ground of a standing tree, measured in inches and tenths of an inch. If the tree is measured at less than four inches (4”) of DBH or DSH, as is typical for newly planted trees, caliper inches shall be used, and is measured at six inches (6”) above the soil level.
“Design manual”
shall mean and refer to the manual applicable to construction of all street and right-of-way improvements as adopted by the City Director of Public Works, and effective on or about January 7, 2016, and any amendments, updates, or revisions made thereto, and on file with the Public Works Department.
“Development”
means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or structure; any use or change in use of any building or land; any extension of any use of land, or any land alteration.
“Director”
shall mean and refer to the Director of the City of Tacoma Public Works Department, or successor department or division, and any designee of the Director with respect to the authority delegated to the designee by the Director.
“Drip line”
shall mean and refer to the area on the ground below the tree in which the boundary is designated by the edge of the tree’s crown.
E. 
9.20.140.E.
“Electric facilities”
shall have the same meaning as that term is given pursuant to RCW 64.12.035, as now or hereafter amended.
“Electric utility”
shall have the same meaning as that term is given pursuant to RCW 64.12.035, as now or hereafter amended.
“Emergency”
shall mean and refer to an urgent, sudden, and serious event or an unforeseen change in circumstances or discovered condition that necessitates immediate action to remedy harm or avert imminent danger to life, health, or property.
“Emergency response costs”
shall mean and refer to those costs incurred by the City in response to an emergency.
F. 
9.20.140.F.
“Fruit tree”
shall mean and refer to a tree that is grown for its edible fruit, consumed by humans. Ornamental varieties of fruiting trees, such as ornamental pear or cherry trees, are exempt from the definition of a fruit tree.
G. 
9.20.140.G.
H. 
9.20.140.H.
“Hazardous tree” and “hazard tree”
shall mean and refer to a tree(s) that is found to be likely to fail and has an extreme or high risk to cause property damage, personal injury or fatality in the event of a failure. Trees designated as hazards shall be designated as such by a Certified Arborist who has achieved a Tree Risk Assessment Qualification.
“Heritage tree(s)”
shall mean and refer to a tree, or collection of trees, located in the City limits of Tacoma that, because of exemplary size, age, cultural/historical significance, ecological value, or rarity, is considered irreplaceable.
I. 
9.20.140.I.
“Improved right-of-way”
shall mean and refer to the public rights-of-way within the City that are paved, graded, or otherwise altered in any way for the purpose of vehicle, pedestrian, or bicycle travel.
“Invasive tree”
is a species that was introduced by humans to locations outside of the tree’s native range that spread and persist over large areas. Invasive species negatively impact natural ecosystems by displacing native species, reducing biological diversity, and interfering with natural succession.
J. 
9.20.140.J.
K. 
9.20.140.K.
L. 
9.20.140.L.
“Land alteration”
shall mean and refer to activities pertaining to the clearing or moving of land and earthwork, including compaction, excavation, grading, filling, stockpiling, striping and/or scarification of a site.
M. 
9.20.140.M.
“Mailing” or “service by mail”
shall mean sending the document by regular, first-class mail, postage prepaid and properly addressed, to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed; if an address has not been provided to the City, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address used for the payment of utilities for the property at which the violations are occurring; or the address appearing on the project permit application. Where service of notice is by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.
N. 
9.20.140.N.
“Natural resource damage” and “damaged natural resources”
shall mean and refer to any and all injury, damage or degradation of or to, trees, ground cover and other vegetation, animal habitat, wetlands, natural drainage courses, slope stability, soils condition, wind protection, ground water retention, and other natural resources located on public property.
“Nuisance tree”
shall have the meaning as that term is given at TMC § 9.20.220.
O. 
9.20.140.O.
P. 
9.20.140.P.
“Permit” and “street tree permit”
shall, unless the context plainly means otherwise, mean and refer to a permit issued in accordance with the provisions of this chapter, and shall, for purposes of the design manual, mean and refer to a “Tree Work in the ROW Permit”.
“Permitted street tree”
shall mean and refer to a tree that meets the requirements of TMC § 9.20.230F.
“Person”
shall mean and refer to any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, and their legal representatives, agents, or assigns. The definition includes all federal, state, and local government entities.
“Planting strip”
shall mean and refer to that portion of an improved right-of-way between the street curb or edge of the traveled portion of roadway and the property line of the abutting property available and used for the purpose of planting and maintaining street trees and other vegetation.
“Private property”
shall mean and refer to real property, other than public property and real property owned, managed or controlled by a governmental entity.
“Prohibited tree”
shall have the meaning as that term is given at TMC § 9.20.220.
“Project permit”
shall have the meaning as that term is given at RCW 36.70B.020.
“Prune” or “pruning”
shall mean and refer to the removal of plant parts, dead or alive. In no circumstance does tree topping qualify as appropriate tree pruning.
“Public property”
shall mean and refer to public rights-of-way and public real property.
“Public real property”
shall mean and refer to unimproved real property, and interests in real property (easements), within the City of Tacoma limits, owned or controlled by the City; this term shall exclude public rights-of-way, and real property, and interests in real property, managed and operated as public parks.
“Public right-of-way” or “public rights-of-way”
shall mean and refer to the public streets, roadways, courts, alleys and any other public passages, whether developed or undeveloped, over which the City has a possessory interest or right of use either by easement, license, permit or other such authority, or by fee simple ownership. For purposes of this definition public rights-of-way may contain items such as pavement, parking or loading areas, retaining walls or other structures, landscape or planting strips, sidewalks, curbs, vehicle, bicycle or pedestrian traffic lanes, traffic circles and other such development. This definition is intended to be construed so as to be consistent with other definitions of the term right-of-way or rights-of-way as may be found in Tacoma Municipal Code or Washington State statutory and case law.
“Public transportation agency”
shall mean and refer to the Pierce County Public Transportation Benefit Area Corporation d/b/a Pierce Transit and the Central Puget Sound Regional Transit Authority d/b/a Sound Transit.
Q. 
9.20.140.Q.
R. 
9.20.140.R.
“Remove” or “removal”
shall mean the act of cutting down or removing any tree by digging up or cutting down.
“Responsible person”
shall have the meaning as set forth in TMC Chapter 1.82, the Uniform Enforcement Code.
S. 
9.20.140.S.
“Scenic view” and “scenic views”
shall mean and refer to the view over public property of natural scenery such as mountains and mountain ranges, waterways and water bodies, islands, hills, valleys, canyons, landscapes, urban forests, and other scenic vistas.
“Service provider”
shall have the same meaning as that term is given pursuant to RCW 35.99.010, as now or hereafter amended.
“Significantly damaged tree”
shall have the meaning as that term is given at TMC § 9.20.220.
“Street tree(s)”
shall mean and refer to a planted tree(s), or tree(s) that is intended to be planted, whose trunk is wholly or partially located within the public right-of-way. Street trees may be owned by the City or by an abutting property owner.
T. 
9.20.140.T.
“TMC”
shall mean and refer to the Tacoma Municipal Code.
“Topping” or “tree topping”
shall mean and refer to an unacceptable pruning practice, injuring trees through the reduction of a tree's size by pruning live branches and leaders to stubs, without regard to long-term tree health or structural integrity. Topping can lead to unacceptable risk, tree stress, and decay.
“Traffic control device”
means a sign, signal, marking or other device placed or erected for the purpose of regulating, warning, guiding or otherwise controlling traffic or regulating the parking of vehicles.
“Tree”
shall, in addition to its common and ordinary meaning, mean any self-supporting woody plant which reaches a typical mature height of fifteen (15) feet or more at maturity, generally has a minimum mature canopy width of ten feet and greater, and is capable of being pruned to develop a branch-free trunk to at least eight feet in height at maturity.
U. 
9.20.140.U.
“Unimproved right-of-way”
shall mean and refer to public rights-of-way that are not paved, graded, or otherwise altered for the purpose of vehicle, pedestrian, or bicycle travel.
“Urban forest manual” (UFM) or “City of Tacoma urban forest manual”
shall mean and refer to the manual adopted by the Director under authority of this chapter that provides best management practices for plant selection, design, installation, care, and other specifications for street trees.
“Utility”
shall mean and refer to an electric utility, a service provider, and an operator of a natural gas, water, or sewer system located in the public right-of-way.
V. 
9.20.140.V.
“Vegetation management plan”
shall mean and refer to a plan for the pruning, removal, maintenance, or management of trees and other vegetation or the management or prevention of vegetative growth that has been adopted, authorized, or applied by the City, including any department or division of the City, to manage vegetation on public property.
W. 
9.20.140.W.
X. 
9.20.140.X.
Y. 
9.20.140.Y.
Z. 
9.20.140.Z.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)