Right-Of-Way Tree Permits

Tree leaves
How to apply for a ROW tree permit

Tree permit applications are now offered through GovBuilt, Milwaukie's new online permitting system. Click here to apply for a ROW tree permit.

 
When are ROW permits needed?

Right-of-way (ROW) tree removal permits are required for all trees greater than 2” DBH (diameter at breast height) that are located in the ROW or on city property. They are also required for extensive tree and root pruning. Extensive pruning is defined as more than 20% tree canopy removal.

DBH is the standard for measuring trees and refers to the tree diameter measured at 4.5' above the ground. Learn how to measure tree DBH here.

Note that areas outside of incorporated Milwaukie are exempt from the city’s tree code, they fall under Clackamas County jurisdiction. 

 
What defines a ROW tree?

A tree is considered to be in the ROW if any portion of its trunk falls in the ROW. Access Milwaukie's online maps or CMap to view city and ROW boundaries. Note that property boundaries on these maps are not survey quality. For questions about a property boundary, contact the Clackamas County Surveyor

 

What is the approval criteria for a ROW tree removal?

A removal permit application is typically approved if the tree is invasive, dead/dying, diseased, or hazardous. The city refers to the Oregon Noxious Weed list to determine if a species is invasive.

 
What if a tree is located in a protected natural area?

Any tree work that is located in a Habitat Conservation Area (HCA), the Willamette Greenway, or a Vegetated Corridor requires additional documentation and planning review. To verify the locations of HCAs and the Willamette Greenway, view the Milwaukie Zoning Map and turn those specific map layers on. Users are encouraged to contact the Planning Department to verify property zoning or to inquire about applicable development regulations at planning@milwaukieoregon.gov or 503.786.7630.  

 
What is the cost of a permit?

There is a $50 application processing fee for ROW tree permits. Permits for the removal of invasive, dead/dying, diseased or hazardous trees will not incur additional fees. Additional fees will be applied for the removal of healthy trees as stated in the consolidated fee schedule. Fees are based on the tree's DBH.  The city encourages applicants to reconsider removals of healthy trees, unless they fall under the categories listed above.

 
What is the turnaround time for a permit?

ROW permits are typically processed in 2-4 weeks. Approved applications require that the local Neighborhood District Association (NDA) and Milwuakie Tree Board are notified of the pending tree work. There is a two-week public notice period and signage is posted on the tree. The city will issue the final approved permit once the public notice period has ended.

 

Is replanting required after a tree is approved for removal?

Yes, replanting is a condition of permit approval. Replacement trees must be a species that is included on the city's approved street tree list. Tree plantings must technically be a "tree" not a shrub. Shrubs cannot substitute for a tree. View size requirements hereThere is a $675 in lieu of planting fee per tree if new tree(s) are not planted.

 

What if a tree is removed without a permit?

The city will fine an enforcement fee of $450 per inch of DBH for trees that are removed without approved permits. A fine of $225 per inch DBH will also be issued for damages to trees in the city ROW. These fees are listed in the master fee schedule.

 

View the resources attached at the bottom of this webpage for more information about ROW tree permits

 

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