[1]
Prior legislation: Ords. 94-25, 97-04, 97-32, 2002-18, 2003-16, 2016-20
The purpose of this chapter is to:
A. 
Regulate the cutting of trees in order to help preserve the wooded character of the city of Poulsbo and to protect its urban forest.
B. 
Promote, protect and preserve the public interest by regulating land alteration, particularly the clearing of land in the city.
C. 
Enhance the city’s physical aesthetic character by managing the removal of vegetation, trees and groundcover.
D. 
Recognize there will be circumstances, such as land development, disease or danger of falling, that may require the removal of trees and groundcover.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
This chapter sets forth rules and regulations for tree removal, pruning, cutting and clearing; establishes the procedures for issuance of permits; provides for approval of plans, inspections, enforcement and penalties.
B. 
The planning director is responsible for the interpretation and administration of this chapter. When required or determined necessary, the planning director shall consult with the city contract arborist. All costs associated with review by the city arborist shall be the responsibility of the property owner or applicant.
C. 
The planning director or designee has the authority to take actions appropriate to enforce the requirements of the chapter and shall proceed under the provisions of Section 15.35.170 and Chapter 1.16.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
This chapter shall be liberally interpreted and construed to secure the public health, safety, morals, and welfare, to implement the city of Poulsbo comprehensive plan, and to comply with all applicable requirements of Washington State law, and the rule of strict construction shall have no application.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases shall have the following meanings:
“Applicant”
means the individual, partnership, association or corporation applying for a permit to do the work under this chapter, and includes property owners, employees, agents, consultants, contractors and successors in interest.
“Blazing”
means minor nonvehicular cutting or removal of vegetation, including trees, shrubs or groundcover, sufficient for line-of-site surveying and foot access trails to the extent that the site is not otherwise significantly disturbed.
“City arborist”
means the city of Poulsbo designated contract arborist. When required or determined necessary, the planning director shall consult with the city arborist. All costs associated with review by the city arborist shall be the responsibility of the applicant of the tree cutting or clearing permit.
“Class IV forest practice activity”
means a timber harvest, thinning or other activity as established by the Washington State Department of Natural Resources Forest Practices Regulations (Chapter 76.09 RCW), whereby a property owner is allowed to harvest a limited amount of timber from their property within the city limits, while still maintaining the right to convert the property to a use inconsistent with growing timber.
“Clearing”
means any tree cutting, clearing or removal of vegetation in any manner exceeding the extent of blazing as defined above.
“Cutting”
means the felling or removal of a tree, or any procedure in which the natural result will lead to the death or substantial destruction of a tree. Such acts include but are not limited to the severe cutting back of limbs, and damage inflicted upon the root system of the tree. Cutting does not include normal pruning within the bounds of accepted arboricultural practices.
“Dead, Dying and Dangerous Trees.”
See Section 15.35.120.
“Development”
means land-disturbing activity or the addition or replacement of impervious surface. Development also includes buildings, structures, parking and loading areas, landscaping, pavement.
“Diameter at breast hight (DBH)”
means a tree’s diameter in inches at four and one-half feet above the ground. On multi-stemmed or -trunk trees, the diameter shall be the diameter equivalent to the sum of trunk areas measured at four and one-half feet above the ground.
“DNR”
means Washington State Department of Natural Resources.
“Drip Line.”
The drip line of a tree is located by the vertical projection of a line at the tips of the outermost branches.
“Fully developed”
means: (1) any individual lot or parcel, which may not be further subdivided or developed, that is presently occupied by one or more buildings over one hundred twenty square feet in floor area in usable condition; (2) any street or utility right-of-way that has been constructed to at least minimum city standards; (3) park lands that are currently managed and maintained for public use which include landscaped areas, trails or recreational facilities.
“Groundcover”
means any plant matter less than three feet in height occurring above the soil layer.
“High Grading.”
In forestry, high grading is a selective type of timber harvesting that removes the highest grade of timber (i.e., the most merchantable stems) in an area of forest. The stunted, slow growing or poorly formed trees that are left as residuals will, if ecological conditions permit, reseed the space that has been created. Over time the practice of high grading can therefore give rise to forest stands containing stems of less value in terms of timber quality.
“Land-disturbing activity”
means any activity resulting in a movement of earth, or a change in the existing soil cover, both vegetative and nonvegetative, or the existing topography. Land-disturbing activities include, but are not limited to, tree removal, grading, filling, excavation, or addition of new or the replacement of impervious surface. Vegetative maintenance practices are not considered land-disturbing activities.
“Land use review”
means an approval procedure for a specific use or development required under Title 16, 17 or 18.
“Limbing”
means removal of branches and leaving at least two-thirds of the existing tree branch structure. Limbing does not include topping of trees.
“Owner”
means the owner of record for real property as shown on the tax rolls of Kitsap County, or a person purchasing a piece of property under contract.
“Partially developed land”
means any individual lot or parcel, which may be further subdivided, that is presently occupied by one or more buildings over one hundred twenty square feet in usable condition.
“Permittee”
means the person or entity to whom a permit is issued for tree cutting or clearing purposes.
“Person”
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state or local government entities.
“Planning director”
means the city of Poulsbo planning and economic development department director or authorized designee.
“Pruning”
means cutting back of limbs larger than one and one-half inches in diameter. Pruning shall conform to the International Society of Arboriculture standards, or other standards approved by the Department of Natural Resources (DNR) and/or the Department of Ecology (DOE), to maintain trees within environmentally critical areas and shoreline areas in a healthy and safe condition.
“Review authority”
means the person or body responsible for interpreting and/or directing a land use permit or activity, and as set forth in Title 19, Project Permit Application Procedures.
“Routine landscape maintenance”
means lawn mowing, composting, gardening, tree limbing and groundcover maintenance that does not include tree removal and is undertaken by a person in connection with the normal maintenance and repair of the property.
“SEPA”
means State Environmental Policy Act (see Chapter 16.04).
“Site”
means the defined portion of any lot(s) or parcel(s) of land or contiguous combination thereof, where tree cutting or clearing is performed or permitted.
“Thinning”
means the removal of trees less than eighteen inches DBH where removal will improve the growth of remaining trees or removal of diseased trees that might otherwise die.
“Topping”
means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
“Tree”
means a living woody plant characterized by one main stem or trunk and many branches and having a diameter of six inches or more measured at DBH or is generally referred to in the nursery and landscape industry as a tree.
“Undeveloped land”
means: (1) any lot or parcel not presently occupied by one or more buildings over one hundred twenty square feet in usable condition; (2) any street or utility right-of-way which is not currently opened and constructed to minimum city standards.
“Vegetation”
means plant matter, including trees, shrubs and groundcover.
“Vegetation removal”
means the act of removing vegetation by digging up, cutting down or any act which is likely to cause vegetation to die within a period of five years, including but not limited to damage inflicted to the root system by machinery, storage of materials, or soil compaction, change to the ground level in the area of the root system, damage inflicted on vegetation permitting infection or infestation, excessive pruning or any other action which is deemed harmful to vegetation.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Except as otherwise specifically provided for in this chapter, a tree cutting and clearing permit shall be obtained from the city before commencing any activity for which a permit is required. Tree cutting and clearing permits shall be issued by the planning director or authorized designee.
B. 
Speculative tree clearing is prohibited. A land use development permit (such as site plan, preliminary plat, short plat, planned unit development, conditional use) must be approved before a tree cutting and clearing permit will be issued, except as otherwise specifically allowed by this chapter.
C. 
Issued tree cutting and clearing permits shall be posted on the construction site at all times when work is underway. To ensure that the actual work in the field conforms with the approved permit, permitted activities shall be inspected by the city during tree removal.
D. 
In general, tree cutting and clearing permits shall expire one year from the date of issuance; provided, that the specific time limit shall be identified in the permit’s conditions of approval. The planning director may impose a time limit in which the proposed site work must be completed based upon weather and/or environmental concerns. The planning director is authorized to grant extensions as set forth in the permit’s conditions of approval.
E. 
When a tree cutting and clearing permit and a grading permit (Chapter 15.40) are both required, the city may choose to combine the reviews under one permitting process.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Any removal or cutting on developed, partially developed, or undeveloped lots when the total area to be disturbed is seven thousand one square feet or more (see Stormwater Management Manual for Western Washington) per calendar year.
B. 
Full site tree clearing, allowed only when a land use development permit has been obtained; except for any tree retention or vegetation protection required by the land use development permit.
C. 
Tree cutting and clearing in order to develop property with substantial permanent improvements, such as streets, utilities, buildings, parking, driveways, etc. Allowed only when a land use development permit has been obtained.
D. 
Selective thinning limited to once a calendar year and subject to the following provisions:
1. 
Submittal of the tree thinning plan.
2. 
The selective thinning shall be the minimum necessary. The city arborist shall review the proposed tree thinning plan.
3. 
The thinning of the trees shall not have a significant impact on the soil stability and structure, flow of surface waters, water quality, health of adjacent trees and understory plants, and existing windbreaks. Depending on the proposed disturbance of soil, erosion control measures may be required.
4. 
The thinning plan shall comply with the requirements of Chapter 16.20, Critical Areas, regarding protection of critical areas and buffers, if applicable.
E. 
Any proposed tree removal that is not specifically exempt (Section 15.35.070) from a tree cutting and clearing permit. The planning director may consult with the city arborist if determined necessary.
F. 
Class IV general forest practice permittees for conversion, thinning or maintenance. (No harvesting is allowed without a land use development permit approval.) (See Section 15.35.090.)
G. 
Tree removal in open space tracts, tree retention tracts, critical areas and buffers and other protective areas. See Sections 15.35.100 and 15.35.110.
H. 
Removal of street trees within the city right-of-way shall be as set forth in Chapter 16.24. In addition, when street tree installation was required as a land use permit condition of approval, it shall be replanted, when feasible. The planning director may consult with the city arborist to determine the appropriate replacement plan. Guidelines on street tree maintenance, removal and replacement are available from the planning and economic development department.
I. 
Removal and replacement of trees within an approved and required landscape area shall be as set forth in Chapter 18.130, as established through the approved land use permit drawings or conditions of approval, and/or as otherwise approved by the planning director.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
An exemption from a tree cutting or clearing permit does not necessarily exempt a property owner from complying with other requirements. These may include policies, criteria, and standards contained in this chapter, plat requirements, HOA rules, or other applicable local, state, or federal regulations or permit requirements. The following are exempt from a tree cutting or clearing permit:
A. 
Normal and routine maintenance of existing landscaping, such as lawn mowing, rototilling, composting, gardening and pruning of vegetation.
B. 
Any removal or cutting on developed, partially developed, or undeveloped lots when the total area to be disturbed is seven thousand square feet or less (see Stormwater Management Manual for Western Washington) per calendar year.
C. 
The installation and maintenance of fire hydrants, water meters, and pumping stations by the city or its contractors.
D. 
All nonconversion forest practice on property equal to or greater than twenty acres; and has provided a statement to the city and DNR that the forest landowner does not intend to convert the use to a nonforest operation for a period of at least ten years. All applicable state forest practice permit requirements remain, as set forth under Chapter 76.09 RCW. (Class IV general forest practice requires a tree cutting and clearing permit; see Section 15.35.090 for Class IV general forest practice.)
E. 
Minimal blazing for line-of-site surveying and foot access and limited clearing and grading as required to perform geotechnical exploration to characterize geologic formations and soils.
F. 
The removal of plants designated as noxious weeds by government agencies.
G. 
Trees that are damaged during a weather event, such as windstorm.
H. 
Removal of trees in emergency situations involving immediate danger to life or property or substantial fire hazards. If the removal is seven thousand one square feet or more of disturbed area, or is located within an open space tract, tree retention tract, required landscaping, designated critical area or shoreline (including buffers) and other protective areas, the city shall be notified within seven days of the removal and shall be provided additional information, as to verify the emergency. An after-the-fact permit may be required.
I. 
Removal of dead, dying or dangerous trees per Section 15.35.120.
J. 
Removal of trees on city-owned property for installation of utilities and public facilities and maintenance of city property.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2020-10 § 2 (Exh. A § 1), 2020; Ord. 2021-09 § 2 (Att. A), 2021)
An application for a tree cutting and clearing permit shall contain the submittal requirements as identified in the applicable application form.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2025-10 § 2 (Exh. A), 2025)
A. 
This chapter is intended to allow the city of Poulsbo to assume jurisdiction for approval of general forest practices, approvals occurring in the city of Poulsbo, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW.
B. 
Lands within the city limits and Poulsbo urban growth area (UGA) are not considered appropriate for long term timber production and harvesting, which takes a full forty-year cycle. Forest management activities shall be consistent with the city’s comprehensive land use plan and implementing regulations for the UGA. Forest practice applications shall meet the requirements specified in subsections C and D of this section.
C. 
Conversion of properties within the UGA can reasonably be expected, therefore, significant land clearing of such properties shall only take place at the time of a valid land use application. Tree tracts, open spaces and buffers can then be properly coordinated with the actual development plans. Conversion of the land to nontimber production shall occur when the city has approved a land use development permit for the site. Significant (seven thousand one square feet or more of clearing and/or disturbance) clearing or harvesting is not allowed until conversion occurs.
D. 
For Class IV general forest practices, maintenance and thinning of existing timber stands is allowed to promote the overall health and growth of the stand until the area is converted. A tree cutting and clearing permit shall be required for any maintenance and thinning and shall be reviewed by the city arborist. High grading or top-down thinning shall not be permitted. The remaining trees should be healthy, long-term trees from the dominant and co-dominant crown classes. The stand shall be marked prior to the selective thinning operation, indicating which trees will be removed and retained.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
Consultation with the planning and economic development department is required for any tree cutting, tree topping, tree trimming, pruning, thinning and/or vegetation clearing within a critical area, critical area buffer, shoreline and shoreline buffer. A critical areas or shoreline permit may be required for such activities under certain circumstances. Consultation requirements and special critical area permits are provided for in Chapters 16.08, Shoreline Master Program, and 16.20, Critical Areas.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Trees located in open space tracts, tree retention tracts, or other protected areas may only be removed if the tree is dead, dying, or dangerous and poses potential hazard to persons or property. See Section 15.35.120 for provisions to remove dead, dying or dangerous trees.
B. 
Replanting is required. Replacement trees shall conform to the original planting installation or as approved by the planning director.
1. 
Tree replacement shall be determined according to the diameter at breast height (DBH) of the tree removed, upon consultation with the city arborist.
2. 
The location of the replacement tree(s) shall be on the property where the tree was removed, unless approved otherwise by the planning director upon consultation with the city arborist.
3. 
If any replacement tree dies within three years of the planting, the tree shall be replaced in accordance with this chapter.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2020-10 § 2 (Exh. A § 2), 2020; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
For purposes of this section:
1. 
“Dead”
means the tree is lifeless.
2. 
“Dying”
means the tree is in an advanced state of decline because it is diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent the spread of the infestation or disease to other trees.
3. 
“Dangerous”
means 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.
B. 
Removal of dead, dying or dangerous trees is allowed. If the removal is seven thousand one square feet or more of disturbed area, or is located within a designated critical area (including buffers) and other protective areas, a tree cutting and clearing permit shall be required.
C. 
When removal of dead, dying or dangerous trees is allowed per subsection B of this section, a qualified arborist or landscape architect shall provide written verification which states the removal is essential for the protection of life, limb or property. The planning director may consult with the city arborist to assist in the review of the submitted written verification when deemed necessary.
D. 
The planning director, upon consultation with the city arborist, may determine that dead or dying trees be retained in critical area, critical area buffer, tree retention tract, open space tract or other protected areas, in order to provide for wildlife habitat and natural processes, unless the tree presents a potential hazard to person or properties.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2020-10 § 2 (Exh. A § 3), 2020; Ord. 2021-09 § 2 (Att. A), 2021)
The following shall apply to all tree removal activities within the city. Tree removal activities that are exempt from the requirement to obtain a tree cutting and clearing permit (Section 15.35.070) must still comply with the performance standards listed below:
A. 
Clearing, cutting or removal of trees shall not occur on any lot or parcel without the consent of the property owner.
B. 
Clearing, cutting or removal of trees shall not result in any damage to abutting lots or parcels, public property or water resources, including but not limited to trunk, bark, limb or leaf damage, damage to roads, trails or utilities, water or soil contamination, alteration of drainage courses, transport and disposition of dirt, mud or sediment or the creation of a fire hazard or other unsafe condition.
C. 
All public rights-of-way including easements for roads and utilities shall be kept clear of silt, dirt, mud and debris and immediately cleaned and/or restored to their original condition prior to impact.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
When a tree cutting and/or clearing permit is required per Section 15.35.050 or for trees within an open space tract, tree retention tract, required landscaping, designated critical area (including buffers) and other protective areas the following standards shall apply:
A. 
Tree pruning shall not exceed more than twenty-five percent of a tree’s total leaf area. Tree pruning best practices shall conform to the International Society of Arboriculture standards or other accepted standards.
B. 
Tree topping is prohibited, except under the following circumstances:
1. 
Branches interfering with utility lines;
2. 
Significant canopy dieback has occurred;
3. 
Storm damage or prior incorrect pruning requires correction;
4. 
As authorized by the planning director, upon consultation with the city arborist.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
The planning director may require that the applicant furnish a performance bond or other acceptable financial guarantee to the city, to secure the applicant’s obligation, after the approved tree removal has been accomplished, to complete any required restoration and replacing in accordance with the conditions of the permit.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
The planning director is authorized with the enforcement of the provisions of this chapter, and to designate city employees as authorized representatives to investigate suspected violations and to issue stop work notices, correction notices and/or notices of infraction.
B. 
Removal of a tree (or its stump) that is subject to a tree cutting and clearing permit, without obtaining a tree removal permit prior to its removal, constitutes a violation of this chapter. Mitigation is required if a tree is cut in violation of this chapter.
1. 
Tree replacement shall be determined according to the diameter at breast height (DBH) of the tree removed. The planning director may consult with the city arborist to determine the appropriate replacement plan.
2. 
The location of the replacement trees shall be on the property where the tree was removed, unless approved otherwise by the planning director upon consultation with the city arborist.
3. 
If any replacement tree dies within three years of the planting, the property owner shall replace the tree. No replacement tree shall be cut without a permit under this chapter.
C. 
Violations of the provisions of this chapter and/or the tree cutting and clearing permit conditions of approval shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation or to such other condition acceptable to the city.
D. 
The violation of any provision of this chapter or permit condition, where such violation constitutes a first offense, shall constitute a civil infraction. The planning director may issue a notice of infraction in accordance with Chapter 1.16. Any person who violates or fails to comply with any of the provisions of this chapter or permit condition, where such person has been adjudged by the Poulsbo municipal court to have committed a previous violation of such provision, shall be guilty of a misdemeanor. Each violation shall constitute a separate offense for each and every day or portion thereof during which the violation is committed, continued or permitted.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)
A tree cutting and clearing permit shall expire one year from the date of issuance. Upon written request demonstrating good cause by the applicant or property owner filed no less than thirty days prior to the date of expiration, the PED director may grant an extension of time up to but not exceeding an additional sixty days.
(Ord. 2019-12 § 2 (Exh. A (part)), 2019; Ord. 2021-09 § 2 (Att. A), 2021)