11.30.030 Applications.

City Code Section

(Amended by Ordinance 191030, effective November 11, 2022.)

  1. A.  Applications for Tree Permits shall:
    1. 1.  Be made in writing or electronically upon forms furnished by the City;
    2. 2.  Be legible, accurate, and contain sufficient information in order to evaluate the request; and
    3. 3.  Be accompanied by the correct fee.
  2. B.  A separate application is required for each site and each activity, such as planting, pruning, or removal.
  3. C.  Marking trees to be removed. Applicants for permits for tree removal shall mark each tree proposed for removal by tying or attaching yellow tagging tape around the trunk of the tree at 4.5 feet above ground level.
  4. D.  Consent to site access. By submitting an application for a tree permit, the owner and applicant agrees that authorized City representatives may enter the site during business hours for the purpose of conducting inspections related to the tree permit request.
  5. E.  Authority. An applicant will be authorized to apply for the Tree Permit, as described below:
    1. 1.  City Trees. For City Trees, only the Bureau that owns the site may submit an application. Where the City is managing trees on lands not owned by the City, the Bureau assigned to manage or care for trees, the owner or the agent authorized to represent the property owner may submit the application.
    2. 2.  Street Trees. The applicant shall be the owner of the adjacent property or be authorized by the owner of the adjacent property where the Street Tree will be planted, pruned or removed. Exceptions to this requirement include:
      1. a.  The Bureau of Environmental Services shall act as applicant for permits for Street Trees in greenstreet facilities.
      2. b.  The Bureau of Transportation shall act as applicant for permits for Street Trees in center medians.
      3. c.  The City Forester may plant, prune or remove Street Trees without obtaining the authorization of the adjacent property owner.
      4. d.  Public agencies operating under the conditions of a Programmatic Tree Permit are not required to obtain the adjacent owner’s consent for tree-related work on streets.
    3. 3.  Private Trees. The applicant shall be the owner of property where the tree is located or be authorized by the owner. For trees that straddle property lines, the owners of all properties where the tree is located shall authorize the application. For commonly held tracts such as open space or private street tracts, the application shall be submitted by the agent or parties authorized to represent the shared ownership interest in the tract. It is the applicant’s responsibility to obtain the appropriate consent for tree permit applications.
    4. 4.  City, Street and Private Trees within easements, or addressed by deed restrictions or other agreements. Any person having or asserting the right to remove trees under the terms of an easement, deed restriction or other agreement shall comply with the provisions of this Title. An easement holder, beneficiary of a deed restriction, or other person seeking to remove a tree on the property of another under an agreement is authorized to apply for permits or approvals required by this Title. The owner of a servient tenement, the grantor of a deed restriction or other person who by agreement has authorized another to possess, occupy or use property owned by the person is authorized to apply for permits or approvals required by this Title. The presence of an easement, deed restriction or other agreement does not change the type of tree. A tree remains either a City Tree, a Street Tree or a Private Tree.