City of Tacoma, WA Article II Permit Requirements

§ 9.20.200 General purpose and intent.

It is the intent of this section of Chapter 9.20 to establish regulations and procedures to designate street trees as essential infrastructure and to preserve them in a healthy and safe manner, to ensure that the City’s built and natural environments function in complementary ways and are resilient to climate change and natural hazards, so that all persons who live, work or pass through the City have access to clean air and water, can experience nature in their daily lives, and benefit from public right-of-way amenities that are designed to lessen the impacts of natural hazards and environmental degradation, now and in the future. Trees are a living organism, and pruning and proactive management of street trees is essential to manage potentially hazardous conditions and improve public safety. A balance between preservation of trees and managing public safety can be partially accomplished by controlling how and when pruning or tree removal can occur and, in specific instances, by allowing individuals to provide for the pruning or removal of trees in accordance with the conditions of this Chapter.

Unless an exemption under this chapter applies, requests to prune street trees shall be governed by TMC § 9.20.210; requests to remove street trees shall be governed by TMC § 9.20.220; requests to plant street trees shall be governed by TMC § 9.20.230; and, requests to prune trees located on public real property for the purpose of scenic view enhancement shall be governed by TMC § 9.20.250.

(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.210 Street tree permit – Pruning.

A. Applicability - Pruning. Unless an exemption under this chapter applies, TMC § 9.20.210 shall govern requests to prune street trees.

B. Prohibition – Street tree permit required - Pruning.

1. Permit required. Unless an exemption under this chapter applies, it shall be unlawful for any person to, in any manner, prune any street tree without having first obtained a street tree permit from the Director as provided in this chapter; provided that, an authorized agent may prune a street tree in conformance with a valid street tree permit issued to the abutting owner, a utility, a public transportation agency or the City.

2. Compliance. Unless an exemption under this chapter applies, it shall be unlawful for any person, or authorized agent on behalf of a person, issued a street tree permit to, in any manner, prune any street tree except in conformance with the terms and conditions of such street tree permit and this chapter.

C. Street tree permit application – Pruning. The abutting owner, and any authorized agent of the abutting owner, the City and its authorized agents, and with respect to above-ground facilities, utilities and public transportation agencies, and their authorized agents, may apply for a street tree permit to prune a street tree if the pruning is intended to meet one or more pruning objectives set forth in ANSI A300, e.g., manage risk, manage health, develop structure, provide clearance, manage size or shape, improve aesthetics, and manage wildlife habitat. A permit may authorize pruning of one or more street trees. Before any street tree permit may be issued, the applicant shall file a complete application with the Director containing the information and declaration as set forth at TMC § 9.20.210D below, together with such other information as may be requested by the Director that is reasonably related to the application and approval requirements.

D. Contents of application – Pruning. Each application submitted pursuant to TMC § 9.20.210C for a street tree permit for pruning of a street tree shall include the following:

1. Name, address and telephone number of the applicant where applicant agrees to receive communications from the City;

2. If applicant is an authorized agent for the abutting owner, the name, address and telephone number of the abutting owner. If applicant is an authorized agent of a utility, a public transportation agency, or the City, the name, address and contact information for the electric utility, service provider, public transportation agency, or applicable department or division of the City;

3. Description of the public right-of-way within which each street tree that is the subject of the application is located;

4. Description of each street tree to be pruned with sufficient detail to accurately identify each street tree that is the subject of the application;

5. A photograph or digital image clearly delineating each street tree proposed to be pruned;

6. A street tree pruning plan that sets forth in detail the proposed plan and purpose for pruning each street tree that is the subject of the proposed permit, certified by applicant or a certified arborist on behalf of the applicant, that the plan meets ANSI A300 Standards, and demonstrating that implementing the pruning described in the proposed pruning plan will not result in a significant negative impact to each street tree’s continued health. Such street tree pruning plan shall also be certified by the applicant to meet requirements of all necessary traffic control measures of the City of Tacoma Traffic Control Handbook, as applicable;

7. If applicant is the abutting owner, or an authorized agent of the owner, a declaration of the applicant meeting the requirements of Ch. 5.50 RCW that the applicant is the owner of the abutting property, or that the authorized agent is authorized to file the application on behalf of the owner of the abutting property;

8. Name, address and telephone number of the person to perform the street tree pruning work;

9. Such other information as may be requested by the Director that is reasonably related to the application and approval requirements; and,

10. Payment of a permit application fee, when established pursuant to Chapter 2.09 of the Tacoma Municipal Code.

E. Review of application – Pruning.

1. Process for review. An application meeting the requirements of TMC § 9.20.210D for a street tree permit will be reviewed by the Director within a reasonable period-of-time for compliance with the requirements in subsection 2 below. The Director may utilize the services of a consulting arborist or forester as needed. The Director may consider any information provided in the application and any relevant information provided by City staff and the consulting arborist or forester.

2. Requirements for approval. The Director shall review the application and issue a permit if the applicant has demonstrated to the reasonable satisfaction of the Director that the following requirements are met:

a. The proposed pruning plan set forth in the application meets one or more of the pruning objectives set forth in ANSI A300;

b. The pruning plan sets forth in adequate detail the proposed plan for pruning each street tree that is the subject of the proposed permit together with any other relevant information;

c. The proposed pruning plan meets BMPs;

d. The proposed pruning plan is consistent with the purpose and intent of this chapter and standards adopted by the City; and,

e. That implementing the pruning described in the proposed pruning plan will not result in a significant negative impact to each street tree’s continued health.

F. Permit fee – Expiration – Multiple street trees - Pruning. The application for a Permit, if applicable, is subject to the fees established pursuant to Chapter 2.09 of the Tacoma Municipal Code. If applicable, the street tree permit fee shall be paid at the time of submittal of the application. The Permit may apply to one or more street trees and shall specify the date upon which the street tree permit shall expire; provided that, no permit to prune a street tree shall be effective for longer than 180 days unless an extension is granted by the Director.

(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.220 Street tree permit – Removal.

A. Applicability – Removal. Unless an exemption is demonstrated to apply, TMC § 9.20.220 shall govern requests to remove street trees.

B. Prohibition – Street tree permit required – Removal.

1. Permit required. Unless an exemption under this chapter applies, it shall be unlawful for any person to, in any manner, remove any street tree without having first obtained a street tree permit from the Director as provided in this chapter; provided that, an authorized agent may remove a street tree in conformance with a street tree permit issued to the abutting owner, a utility, a public transportation agency, or the City.

2. Compliance. Unless an exemption under this chapter applies, it shall be unlawful for any person issued a street tree permit for tree removal, or an authorized agent of a person issued a street tree permit, to in any manner remove any street tree except in conformance with the terms and conditions of such street tree permit and this chapter.

C. Street tree permit application – Removal. The abutting owner and any authorized agent of the abutting owner, the City and any authorized agent of the City, a public transportation agency, and with respect to conflict trees, a utility and its authorized agent, and a property owner who is not an abutting owner and is required under a project permit to make off-site improvements, may apply for a street tree permit to remove a street tree if the proposed removal meets one or more of the requirements set forth below in subsection TMC § 9.20.220E below. A permit may authorize removal of one or more street trees. Before any street tree permit may be issued, the applicant shall submit a complete application to the Director containing the information and declaration set forth in TMC § 9.20.220D below, together with such other information as may be requested by the Director that is reasonably related to the application and approval requirements.

D. Contents of application – Removal. Each application submitted pursuant to TMC § 9.20.220C for a street tree permit for removal of a street tree shall include the following:

1. Name, address and telephone number of the applicant where applicant agrees to receive communications from the City;

2. If the applicant is the abutting owner or authorized agent, a declaration of the applicant meeting the requirements of Ch. 5.50 RCW that the applicant is the owner of the abutting property, or an authorized agent, and has authority to submit the application;

3. If applicant is an authorized agent for the abutting owner, the name, address and telephone number of the abutting owner. If applicant is an authorized agent of a utility, a public transportation agency, or the City, the name, address and contact information for the utility, public transportation agency, or applicable department or division of the City;

4. If applicant is not an abutting owner and is required under a project permit to make off-site improvements adjacent to property in which they do not own, a description of the attempt to communicate with the property owner as set forth in TMC § 9.20.220H;

5. Description of the public right-of-way within which each street tree that is the subject of the application is located;

6. Description of each street tree to be removed with sufficient detail to accurately identify each street tree that is the subject of the application;

7. A photograph or digital image clearly delineating each street tree proposed to be removed;

8. A detailed statement demonstrating that each street tree proposed to be removed meets one or more of the categories set forth in TMC § 9.20.220E below and why each street tree should be removed, together with any other relevant information;

9. A street tree removal plan that sets forth in detail the proposed plan for removing each street tree that is proposed to be removed, certified by the applicant or authorized agent to meet requirements of the Design Manual, and all necessary traffic control measures of the City of Tacoma Traffic Control Handbook, as applicable;

10. The application shall include an application complying with the street tree planting permit requirements of TMC § 9.20.230 for planting of a street tree;

11. Name, address and telephone number of the person(s) to perform the street tree removal work;

12. Such other information as may be requested by the Director that is reasonably related to the application and approval requirements; and,

13. Payment of a permit application fee when established pursuant to TMC Chapter 2.09.

E. Categories of street trees subject to removal. Unless an exemption applies as provided in this chapter, an application for a street tree permit for removal of one or more street trees must demonstrate that each street tree proposed to be removed meets one or more of the following categories:

1. Hazard trees. A tree shall be designated as a hazard tree by an International Society of Arboriculture (ISA) Certified Arborist who has obtained an ISA Tree Risk Assessor Course and Exam certification or Tree Risk Assessment Qualification.

2. Conflict trees. A conflict tree is a tree that by its presence in the public right-of-way directly conflicts or interferes with (a) construction or installation of a utility or public right-of-way improvement; (b) activities performed in the public right-of-way to repair or maintain a utility or public right-of-way improvement; (c) development of real property nearest to and directly abutting that portion of the public right-of-way upon which the street tree is located; or that, (d) damages existing improvements within the right-of-way or abutting property. A tree conflicts or interferes when it is demonstrated that there are no reasonable alternatives available to removal of the conflict tree.

3. Sidewalk damaged by trees. When it can be demonstrated that damage to a sidewalk has been created by the roots of an existing street tree in a manner that creates a public hazard. It must be demonstrated that there are no reasonable alternatives available to removal of the street tree.

4. Prohibited trees. A species of tree that is unlawful to plant in the public right-of-way pursuant to the adopted Prohibited Tree List of the Urban Forest Manual.

5. Nuisance trees. A tree that constitutes a public nuisance pursuant to TMC Chapter 8.30.

6. Significantly damaged trees. A tree that has been previously topped or significantly damaged to an extent that, if left unmanaged through extensive pruning and maintenance, could become a future Hazard Tree.

7. Fruit trees. A fruit tree that the abutting owner desires o remove.

F. Review of application – Removal. An application meeting the requirements of TMC § 9.20.220D for a street tree permit for removal of a street tree will be reviewed by the Director within a reasonable period of time for compliance with the requirements in subsection G below. The Director may utilize the services of a consulting arborist or forester as needed. The Director may consider any information provided in the application and any relevant information provided by City staff, including the Light Division, and the consulting arborist or forester.

G. Approval requirements – Removal. The Director shall review the application and issue a permit if the applicant has demonstrated to the reasonable satisfaction of the Director that the following requirements are met:

1. Each street tree proposed to be removed meets one or more of the following categories in accordance with TMC § 9.20.220E: hazard tree, conflict tree, tree damaging the sidewalk, prohibited tree, nuisance tree, significantly damaged tree, or fruit tree.

2. The street tree removal plan sets forth in detail the proposed plan for removing each street tree and meets the requirements of the Design Manual, and all necessary traffic control measures of the City of Tacoma Traffic Control Handbook, as applicable;

3. The proposed street tree removal is consistent with the purpose and intent of this chapter and standards adopted by the City; and,

4. Each street tree proposed to be removed will be replaced with a permitted tree in accordance with a permit issued pursuant to TMC § 9.20.230, and applicable provisions of the landscaping standards of the zoning code TMC Chapter 13.06.

H. Posting of public notice – Removal.

1. Posting required. Upon issuance of a permit under this section, unless an exemption for posting of public notice is approved by the Director, a notice of street tree removal shall be posted by the applicant, or authorized agent, in a conspicuous location on or next to each street tree proposed to be removed for a minimum of 14 consecutive days prior to the commencement of work. The size of the font on the notice shall be large enough and the notice oriented in such a way as to be legible by pedestrians passing the street trees proposed to be removed and shall include the following:

a. The proposed action (removal of street tree) and permit number;

b. The date of posting of the notice and the date the proposed action is anticipated to commence;

c. The purpose or objective to be accomplished by the proposed action, e.g. tree is hazard tree, conflict tree, etc.; and

d. Contact information for both the applicant or authorized agent as well as the City of Tacoma Permit Center.

2. Written notice. If the permittee is a property owner who is not an abutting owner and is required under a project permit to make off-site improvements, the following additional notice requirements shall apply when a street tree is proposed to be removed as a required off-site improvement: permittee shall provide written notice by mail to the last known address of record of the owner of the abutting property for a street tree proposed to be removed indicating the intent to remove the street tree. Such notice shall include a brief statement of the need and nature of the work intended and the location of the street tree proposed to be removed, a good faith estimate of the time frame in which such work will occur, and how the Permittee can be contacted regarding the street tree removal work.

3. Compliance. Unless an exemption is approved by the Director, it shall be unlawful, and a violation of this chapter, for any person issued a permit, or an authorized agent, to remove a street tree less than 14 days prior to the date of posting of the notice required pursuant to TMC § 9.20.220H.1 and, when applicable, mailing of notice required pursuant to TMC § 9.20.220H.2.

I. Permit and canopy loss fee – Expiration – Multiple street trees – Removal. All applications for removal of conflict trees shall include payment of a permit fee and a canopy loss fee for each street tree requested to be removed. The permit fee shall be established pursuant to TMC Chapter 2.09 and are intended to recover administrative costs of processing the application. A street tree permit may apply to one or more street trees and shall specify the date upon which the street tree permit shall expire; provided that, no permit shall be effective for longer than 180 days unless an extension is granted by the Director.

Conflict tree – Canopy loss fee.

Removal of conflict trees shall include a tree valuation fee known as a canopy loss fee, which is determined to recoup a portion of the value the street tree had to the community, prior to its removal. The canopy loss fee shall be placed in an account established to support the urban forestry program in planting, maintenance, and replacement of trees on public property or the right-of-way. The canopy loss fee is determined by a cost per inch of DBH removed. The total DBH in inches of a removed tree is subtracted by the total caliper inches of replacement street trees in the associated tree planting permit, to calculate the total inches to be mitigated by a canopy loss fee. The total inches required to be mitigated is multiplied by the fee per caliper inch as established by TMC Chapter 2.09. The canopy loss fee formula shall be as follows: [DBH in inches of removed trees - caliper inches of planted trees] X [cost per caliper inch] = Total canopy loss fee. By way of example, if one twelve-inch (12”) DBH conflict tree will be removed, and three two-inch (2”) caliper trees will be planted back, the applicant would get six inches of credit towards the canopy loss fee (3x2”). The assessed canopy loss fee would be for the remaining six inches of canopy loss: 12” tree removed – 6” planting credit = 6” canopy loss, to be paid by the fee per caliper inch as established by TMC Chapter 2.09.

The permit fee and canopy loss fee may include a senior or disabled person reduction established in the same manner as provided for permits set forth in TMC § 2.09.030B. Permit fees and canopy loss fees are not required for applications for a permit to remove qualifying hazard trees, trees damaging the sidewalk, prohibited trees, nuisance trees, fruit trees, significantly damaged trees in accordance with TMC § 9.20.220E.

(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.230 Street tree permit – Planting.

A. Intent. It is the intent of this section to regulate and allow the planting of street trees in a way that maximizes the benefits of street trees while minimizing potential future impacts to infrastructure and private property. Additionally, effective street tree planting regulations will help to achieve the greatest possible gain in environmental health city-wide, improve street tree species diversity and age diversity, and increase awareness and use of urban forest best practices, including proper street tree selection, planting practices and maintenance, invasive species avoidance, protection from adverse pests and diseases, and appropriate use of native and/or climate adapted species.

B. Applicability. TMC § 9.20.230 shall govern requests to plant street trees in the public right-of-way.

C. Prohibition – Permit required – Planting.

1. Permit required. Unless an exemption under this chapter applies, it shall be unlawful for any person to, in any manner, plant any street tree without having first obtained a street tree permit from the Director as provided in this chapter.

2. Compliance. Unless an exemption under this chapter applies, it shall be unlawful for any person issued a street tree permit for the purpose of planting a street tree, or an authorized agent on behalf of a person issued such a street tree permit, to in any manner plant any street tree except in conformance with the terms and conditions of such street tree permit and this chapter.

D. Street tree permit application – Planting. The abutting owner, and any authorized agent of the abutting owner, a utility, a public transportation agency, a property owner who is not an abutting owner and required under a project permit to make off-site improvements, and the City, or their authorized agents, may apply for a street tree permit to plant a permitted street tree. A street tree permit may authorize planting of one or more permitted street trees. Before any street tree permit may be issued, the applicant shall submit an application containing the information and declaration set forth in TMC § 9.20.230E below, together with such other information as may be requested by the Director that is reasonably related to the application and approval requirements.

E. Contents of application – Planting. Each application submitted pursuant to TMC § 9.20.230D for a street tree permit for planting of a permitted street tree shall include the following:

1. Name, address and telephone number of the applicant where applicant agrees to receive communications from the City;

2. If applicant is an authorized agent for the abutting owner, the name, address and telephone number of the abutting owner. If applicant is an authorized agent of a utility, a public transportation agency, or the City, the name, address and contact information for the utility, public transportation agency, or applicable department or division of the City;

3. If applicant is not an abutting owner and is required under a project permit to make off-site improvements adjacent to property in which they do not own, a description of the attempt to communicate with the property owner as set forth in TMC § 9.20.230I;

4. Aerial image (site plan) of the public right-of-way within which each street tree is proposed to be planted showing existing site features including the location(s) of adjacent buildings, streets, sidewalks and/or other paved surfaces, and dimensions of available planting space, such as the width of the tree pit or planting strip;

5. Tree planting plan describing the quantity of street trees proposed to be planted, planting location(s), species including the common and scientific name(s), and the method and manner of planting each proposed street tree;

6. If the applicant is an authorized agent of the abutting owner, an original declaration of the abutting owner meeting the requirements of Ch. 5.50 RCW, providing the name, address and telephone number of the authorized agent, declaring that the authorized agent is authorized by the abutting owner to plant permitted street trees within that portion of the public right-of-way abutting the declarant’s real property and that the declarant, and declarant’s successors and assigns in and to the abutting real property, shall own and be responsible for each such street tree, and that the declarant is the legal owner of the abutting property;

7. If the proposed street tree(s) species is not selected from the preapproved street tree lists established in the Urban Forest Manual, a detailed statement demonstrating why the selected street tree species meets the criteria set forth in TMC § 9.20.230F.2 below, including objective authoritative sources, or from the nursery providing the tree growth information, often called “cut sheets”, describing the proposed street tree’s mature height, crown spread and growth rate supporting the tree or alternatives as approved through the permit review process. Objective information must come from published sources;

8. Such other information as may be requested by the Director that is reasonably related to the application and approval requirements; and,

9. Payment of a permit application fee established pursuant to TMC Chapter 2.09.

F. Permitted street trees – Type – Planting.

1. Pre-approved tree species. Tree species approved for planting in the public right-of-way pursuant to the Urban Forest Manual, or a pre-approved tree list established by the Director, are pre-approved and permitted trees.

2. Approval of other tree species. Tree species that are not pre-approved and that are not prohibited pursuant to this chapter or the Urban Forest Manual, may be permitted trees if they are demonstrated to the reasonable satisfaction of the Director to meet all of the following conditions:

a. Climate adapted to the Pacific Northwest region. The use of natives and climate adapted species is encouraged, and all tree species should be adapted to live in the region and specific conditions of the planting location.

b. Visibility and safety. Except in cases where required landscaping is intended to provide dense visual buffers or to enhance natural conditions, trees shall be selected to maximize visibility at eye level for safety. To meet this requirement, trees shall be selected to maximize views below 7 feet in height at maturity, such that the lower branches should be able to be pruned/removed to allow for views under the tree’s crown.

c. Species selection. Species shall be selected to avoid or minimize potential conflicts with infrastructure and utilities. Street tree species under power lines shall have a maximum mature height (at 25 years of age) not greater than 25 feet.

G. Distance requirements – Planting. The trunk of new street tree plantings from pavement, structures, utilities, and other infrastructure shall conform to the Design Manual. Distances may be reduced, with approval of the Director, upon a demonstration that the species selected will not cause infrastructure conflicts and conforms to the guidance in the Urban Forest Manual and Design Manual.

H. Requirements for approval – Planting. The Director shall review the application and issue a permit if the applicant has demonstrated to the reasonable satisfaction of the Director that the following requirements are met:

1. The species of each proposed tree is pre-approved, and if not pre-approved, meets the conditions set forth in TMC § 9.20.230F.2.a-c, above;

2. The planting of each proposed tree meets the purpose and intent of this chapter and the requirements set forth in the Design Manual and the Urban Forest Manual; and,

3. If an existing street tree is proposed to be removed and replaced with a new street tree, that a street tree permit has been issued for removal of such existing street tree.

I. Notice Requirements.

1. If the permittee is a property owner who is not an abutting owner and is required under a project permit to make off-site improvements, the following additional notice requirements shall apply when a street tree is proposed to be planted as a required off-site improvement: permittee shall provide written notice by mail to the last known address of record of the owner of the abutting property for a street tree proposed to be planted indicating the intent to plant the street tree. Such notice shall include a brief statement of the need and nature of the work intended, the proposed location and species of the street tree to be planted, a good faith estimate of the time frame in which such work will occur, and how the permittee can be contacted regarding the street tree planting work.

2. Compliance. Unless an exemption is approved by the Director, it shall be unlawful, and a violation of this chapter, for any person required to provide notice pursuant to TMC § 9.20.230I.1 above, to plant a street tree less than 14 days prior to the date of mailing of notice required pursuant to TMC § 9.20.230I.1.

(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.240 Exemptions and modifications from street tree permit requirements – Pruning and removal.

A. Exemptions. The following street tree pruning and street tree removal activities are exempt from the requirements of this chapter to obtain a street tree permit; provided that, pruning shall utilize BMPs to protect the health of the tree, and in no instances is tree topping permissible:

1. Small trees. Pruning by an abutting owner, or authorized agent, of street trees which are less than 15 feet in height, provided that the pruning shall be performed in compliance with BMPs.

2. Fruit trees. Harvesting of fruit and pruning of fruit bearing street trees.

3. Protection of public travel. Pruning or removal of street trees by the City of Tacoma Department of Public Works, or its successor agency, or the Washington State Department of Transportation, or its successor agency, to abate a condition that poses a threat to public health, safety or welfare, to maintain visibility to traffic devices and signage, or to abate a public nuisance.

4. Public Works Department. Pruning of street trees by the City Public Works Department for the purpose of providing adequate clearances for construction equipment, to abate a hazard, or to perform general maintenance to support the continued growth, health, structure, and longevity of the tree. Planting of street trees by the City Public Works Department for the purpose of replacing trees that have died or have been removed and is done so in accordance with the requirements of this chapter.

5. Restoration of utility services and emergency communications. Pruning of street trees to the extent reasonably necessary to allow for restoration of an unplanned interruption of utility services or emergency communications.

6. Power utility service providers. Pruning of street trees by a power utility service provider to the clearance standards under the National Electric Safety Code.

B. Modifications for emergency. Street tree pruning or removal activities necessary to manage an immediate threat to public health, safety, or welfare that require remedial or preventative action in a timeframe too short to allow for normal processing is allowed without first obtaining a street tree permit; provided that, the person performing the work to prune or remove the street tree(s) shall, as soon as practical but no later than 30 days following completion of the emergency pruning or street tree removal work, apply for a street tree permit, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions taken in response to the emergency. Prior to pruning or removal of street trees in response to an emergency, the person performing the work shall document, including photographs, the conditions of the street tree and note why the situation constitutes an emergency. Documentation shall be provided with the application of the street tree permit. Emergency actions shall use best management practices to address the emergency and, in addition, the action must have the least possible impact to the street tree. The Director may waive or modify permit application requirements of this chapter made impractical as a result of the emergency.

(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.250 Tree pruning on public real property – Scenic view enhancement.

A. Intent – View enhancement. The City of Tacoma is located on a steep-cliffed peninsula with spectacular scenic views. There are many trees on public real property which add to the natural beauty of the area, and there are many scenic views throughout the City. The City recognizes that trees located on public real property as defined herein can restrict scenic views from public and private property and that scenic views can be enhanced through proper pruning managed by the City consistent with BMPs.

It is the purpose of TMC § 9.20.250 to establish a process for any person to request the City to prune trees on public real property as defined herein to enhance scenic views and to ensure that pruning is compatible with the purpose, use, and function of the public real property and the trees and vegetation located thereon and that pruning is consistent with BMPs. This purpose can be accomplished by pruning trees on public real property in response to a request only when the Director is satisfied that the proposed pruning can be done in a manner that will: (1) minimize potential liability and risk of harm to persons or property; (2) preserve and protect trees and vegetation on public real property, and in particular native remnant forests; (3) protect the investment in public real property; (4) not negatively impact wildlife habitat, soil conditions, and slope stability; and, (5) will have de-minimis impact on noise and air pollution reduction, water quality, stormwater management, and climate control functions of the trees and other vegetation proposed to be pruned.

At the Director’s discretion, the City may or may not issue an approval. It is not the purpose of TMC § 9.20.250 to create a vested right or property interest in a particular outcome or decision by the Director in response to a request filed under this section. The City retains sole discretion and authority over the decision to undertake or not undertake tree pruning on public real property in response to a request.

B. Applicability – Scenic view enhancement. TMC § 9.20.250 applies to requests to prune trees located on public real property as defined herein to enhance scenic views. Requests to prune street trees shall be governed by the requirements of TMC § 9.20.210.

C. Request – Scenic view enhancement. Any person may submit a request to the Director for the City to prune one or more trees located on public real property as defined herein for purposes of scenic view enhancement. The request should be in writing and contain the information set forth below in TMC § 9.20.250E, together with such other information as may be requested by the Director that is reasonably related to the request. Under no circumstances will tree topping be permitted. All pruning shall be consistent with industry BMPs.

D. Allocation of costs. It is the intent of TMC § 9.20.250 to place the burden of the cost associated with the Director’s review of a request and, if approved, the associated costs of the pruning work upon the person making the request. These costs include the City’s administrative costs to review the request and to manage, administer and inspect the work, together with the costs of preparing a tree pruning plan, applying for and obtaining required permits, and planning for and performing the tree pruning work. Some, or all, of the work may be performed by consultants and contractors retained by the City for this purpose, the costs of which shall be borne by the person requesting the pruning through a work order and deposit process. The Director may require a work order and deposit from the applicant which the City may draw upon to pay for the foregoing costs as incurred by the City. If the balance of funds on deposit with the City falls below $100.00, applicant shall, within ten (10) days of receipt of written request from the City, deposit such additional funds as the Director determines are reasonably necessary for the continuing reimbursement of the City’s costs expended in response to the request. In the event that Applicant fails to timely deposit additional funds as requested by the Director, the Director may cease all work and close the applicant’s request. Applicant shall be entitled to a refund of any unencumbered amounts remaining on deposit at the conclusion of the work or upon closure of the request. The submittal of a work order deposit does not entitle the applicant to a particular outcome and is intended solely to reimburse the City for its costs.

E. Contents of request – Scenic view enhancement. Each request submitted pursuant to TMC § 9.20.250C for scenic view enhancement should include the following:

1. Name, address and telephone number of the applicant where person submitting request agrees to receive communications from the City;

2. Description of the public real property within which the person submitting request has requested the pruning of one or more trees;

3. A description of each tree the person submitting request proposes to be pruned with sufficient detail to accurately identify each such tree;

4. A photograph or digital image clearly delineating each tree proposed to be pruned;

5. A description of the scenic view that is proposed to be enhanced by the pruning;

6. A statement demonstrating why and how the pruning is necessary to enhance scenic views; and,

7. Such other information as may be requested by the Director.

F. Director’s decision – View enhancement. The Director retains sole discretion to grant or deny the applicant’s request. The Director, at a minimum shall consider the following:

1. Consistency and compatibility with, and will not be adverse to or unreasonably interfere with, the purpose, function and use of the public real property and the trees and vegetation located thereon;

2. Public health, safety and welfare;

3. Consistency with the City of Tacoma Comprehensive Plan;

4. Consistency with BMPs;

5. Consistency with a vegetation management plan, if any, applicable to the public real property where the pruning or removal is proposed; and,

6. Compliance with this chapter and applicable laws, rules and regulations, including by way of example and not limitation, the critical areas preservation code (TMC Ch. 13.11), the shoreline master program (TMC Title 19), the land use permits and procedures code (TMC Ch. 13.05), the right-of-way code (TMC Ch. 10.22), the Endangered Species Act, and the Bald Eagle Protection Act and the Migratory Bird Treaty Act.

G. Consultation – Scenic view enhancement. As part of the process for review of the request, the Director shall:

1. Consult with other departments. Shall consult with the director, or designee, of the department of the City responsible for management of the public real property that is the subject of the request and shall give deference to the recommendation of such directors, or designees, with respect to the applicant’s request.

2. Consult with arborist or forester. Shall consult with and utilize the services of the City Arborist or City Forester, or a consulting arborist or forester as needed.

H. Director’s decision – Scenic view enhancement. The Director shall upon completion of review of the request, notify the applicant of the Director’s determination and, if the Director determines that the pruning work should be undertaken, the additional deposit required from the applicant to complete the pruning work.

(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)

§ 9.20.260 Permit display – Violation.

It shall be unlawful for any person issued a street tree permit, or any authorized agent, to fail to display at all times at the location where tree pruning, tree removal or tree planting activities are actively being conducted that require a permit under this chapter, a current and valid street tree permit, or complete copy or digital image thereof, authorizing the street tree pruning, removal or planting. It shall further be unlawful for any such persons, or authorized agent, to fail to make the street tree permit available for display to any City public official for inspection upon request.

(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)