Residential Development Tree Permits

Tree protection zone

Property owners or developers looking to build an additional housing unit on a property or subdivide a property with an intent to construct an additional housing unit must comply with the residential development tree code.

The development tree code requires that property owners or developers meet four key standards:

  1. Preservation standard - preserving trees on the site
  2. Planting standard - planting back trees on the site
  3. Protection standard - protecting existing trees on the site
  4. Soil volume standard - protecting future planting spaces on the site

 

For developments in which the existing building footprint is being expanded to accommodate an additional housing unit, or new housing units are being constructed on-site (including a tear down and reconstruction of housing units), standards #1-4 apply. Applicants are required to have an ISA Certified Arborist submit all supportive documentation related to each standard, including a tree inventory and final arborist report.

For developments in which the existing building footprint is not being expanded, only standard #3 applies (protection standard). Applicants may submit their own required documentation without an ISA Certified Arborist, including a tree inventory map and a protection plan for trees during construction on the site.

If an applicant is subdividing a property and the subdivision results in a parent lot with an existing structure, no development tree code standards apply to the lot with the existing structure if no additional housing units are being constructed on that site. Tree removals will need to be permitted on an individual bases using the private tree removal permit application. If additional housing units are to be constructed on the parent lot along with an existing structure, all standards apply to the parent lot. Development tree permits will be required at time of building permit application.

For undeveloped lots or new child lots created through a subdivision process: The undeveloped lots and the new child lots created in the subdivision will require standards #1-4 to be met if being developed with housing units. Submittal documents will be required at time of building permit application unless the applicant is required to submit building design documents as a part of the land use application or seeking a variance related to tree preservation.

If a subdivision process requires the creation of new right-of-way which conflicts with existing trees, individual non-development private tree permits will be required.

 

View the resources attached at the bottom of this webpage for more information about the trees & development.

 

Questions? Contact the Urban Forest Department at urbanforest@milwaukieoregon.gov or 503.786.7655