Look Out for that Tree
Like most children I loved a good tree climbing day. I laughed hard the day my sister got stuck on a branch hanging from her overalls, which was only to be topped by the day she got her head stuck in between two fence posts. As a teenager I loved hiking in the woods with my dogs and playing hide and seek with them. As an adult I’ve been awestruck by the great majesty of the redwoods and ancient tenacity of the bristlecones. Yet, as a homeowner there’s nothing that get’s me more worked up than trees. There’s my neighbor’s tree that tore through my sewer line in three places costing me thousands of dollars of repair. There was the eucalyptus tree that was protected by the county code even though its a non native invasive species that threatened to fall through my roof every time there was a major storm. Then there was the sad looking pine tree that was causing no harm, but really was just dying a slow death in our side yard.
Cities and counties all over the nation including in our humble abodes of Austin and Santa Cruz have strong tree protection ordinances in place these days. As a homeowner this can be really frustrating. As a planner, I can tell you that the intent of this is generally to protect groundwater quality. Yes its frustrating, but if every homeowner was allowed to remove a tree that was in their way of building their dream home we would have even more issues with groundwater than we already do. I sympathize with both sides on this issue. So what do you do?
First, figure out if there is really a problem by finding your city’s tree protection ordinance to see if your tree is protected. Generally speaking a city will specify a list of species and/or a size of tree that’s protected based on a the diameter of the tree as measured at breast height (4’ 6” to 5’ off the ground depending on the city code). Here is information for Austin, Santa Cruz and the County of Santa Cruz. If your tree meets the definition of “heritage” or “protected” you should apply for a permit for removal if its causing you an issue. The city will usually list out reasons in their code that can be cited for justification of tree removal. You should cite one of these reasons, since most cities will be required to make “findings” based on these reasons. Do not take your frustrations out on the planner who has to review your application. First, of all they are human and it won’t help your case. Second, they will be required to cite one of the previously mentioned “findings” in order to allow you to remove your tree.
So, a word to the wise. If you are looking to buy a piece of property and there’s a large girthy tree on the property, look up your local tree ordinance.