Any remaining roots or stumps of street trees removed pursuant to a permit issued under this chapter shall be cut out at least eight inches below the surface of the ground, unless the removal of such will have a negative impact on erosion, slope stability, or natural areas on which they are located or the permit provides otherwise. All large woody material from removed or pruned street trees including the trunk, stump, branches, and large roots, shall be removed from improved right-of-way sites so as to not cause impairments to safe passage.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Topping of trees on public property is unlawful.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
It shall be unlawful to plant in any part of the public right-of-way, including the planting strip, a tree species that is not a permitted street tree.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
A. 
Protection of street trees. Any person engaged in development activities in the public right-of-way not governed by a permit issued pursuant to TMC Chapter 13.06 shall, prior to the commencement of such activities, comply with the Design Manual and the tree protection requirements of the UFM applicable to any development that may impact a street tree or street trees. This development may occur on site or in the right-of-way.
Any person conducting construction activities such as excavation, filling, tunneling, trenching, compacting, demolition, utility work or other land disturbing activity in the Critical Root Zone or Drip Line of any street tree, must submit a Tree Protection Plan to be approved by the City prior to commencement of work. Tree Protection Plans shall be in accordance with the UFM.
Non-compliance with the requirements of this section is unlawful and a violation of this chapter.
B. 
Notice. A notice of tree protection shall be posted by the person engaged in development activities subject to the requirements of TMC § 9.20.330A above, in a conspicuous place on the tree protection fencing, or on the tree in such a manner as to not damage the tree, or adjacent to each street tree for a 14-day period prior to and throughout the performance of work that is subject to the requirements of TMC § 9.20.330A. The notice shall be large enough and oriented in such a way as to be legible by pedestrians and vehicles passing each such street tree, and shall include the following:
1. 
The text “This tree is to be retained and protected from development impacts”;
2. 
The date(s) the proposed development activities will occur; and,
3. 
Contact information for the applicant, on-site construction contact, and/or project manager as well as the City of Tacoma Permit Center.
Non-compliance with the notice requirements of this section is unlawful.
(Ord. 28926 § 2, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
A. 
Public Nuisance – Vegetation on private property and within the public right-of-way. All vegetation, including trees, shrubs, grass, other plants, or any parts thereof, located on real property abutting the public right-of-way and located within the right-of-way that meet any one or more of the following conditions, shall constitute a public nuisance:
1. 
Vegetation overhanging any sidewalk at less than eight (8) feet above grade or street at less than fourteen (14) feet above grade, or that is otherwise situated, in such manner as to, limit, obstruct or impair the free and full use of the sidewalk or street;
2. 
Vegetation that is situated in such a manner as to limit, obstruct, impair or obscure the clear view of a pedestrian or a driver of a motor vehicle in oncoming traffic while approaching an intersection, or any traffic control device while approaching such traffic control device;
3. 
Vegetation that is situated in such a manner as to interfere with, or create a hazardous condition with respect to, electric facilities, utility lines and infrastructure, underground utility lines, or fixtures situate in the public right-of-way; and,
4. 
Vegetation that is situated in such a manner as to create or contribute to a fire hazard or a threat of harm to public health, safety, or welfare.
B. 
Abatement of nuisance. It shall be unlawful for any responsible person to cause, allow, suffer or permit such a public nuisance to exist, and any such nuisance shall be abated by the responsible person in a manner that conforms with this chapter, the City of Tacoma Right-of-Way Design Manual and Chapter 8.30 TMC (Public Nuisances).
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
It shall be unlawful for any person without lawful authority to interfere with or cause or permit any person to interfere with employees or agents of the City who are engaged in the planting, pruning, maintaining, treating or removing of any tree or other vegetation on public property. Violation of this section is unlawful.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Except to the extent authorized or required under this chapter, it shall be unlawful for any person to:
A. 
In any manner, prune, remove, or top any tree or other vegetation located on public property;
B. 
Abuse, destroy, damage or mutilate any tree, or part of a tree, located on public property;
C. 
Attach or place any rope or wire (other than one used to support the tree), sign, poster, handbill, or other thing to, or on any tree, or part of a tree, located on public property, cause or permit any wire charged with electricity, with the exception of decorative lights in a manner that does not impact the health of the tree, to come into contact with any tree located on public property;
D. 
Allow any chemical, gaseous liquid, or solid substance which is harmful to trees located on public property to come into contact with the trees including their roots or leaves; or,
E. 
Engage in any act which causes a tree on public property to die, including, but not limited to:
1. 
Damage inflicted on the root system by machinery, storage of materials, or soil compacting, or changing the ground level in the area of the tree root system;
2. 
Damage inflicted on the tree permitting infections or infestation;
3. 
Excessive pruning or topping; and,
4. 
Any other action which is deemed harmful to the tree.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
It is the responsibility of the abutting owner to glean fruit and nuts from street trees to prevent fallen fruit and nuts from interfering with safe passage upon the public right-of-way.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)
Any applicant denied a street tree permit may, pursuant to TMC Chapter 1.23, file a written notice of appeal of the denial with the Office of the Hearing Examiner within 21 days of issuance of the denial.
(Ord. 28926 § 1, 2023-12-12; ratified and reconfirmed by Ord. 28947, 2024-01-16)