Chapter 19.26 Tree Retention

Chapter 19.26
Tree Retention

19.26.010 User Guide.

This section is intended to provide an overview of the tree regulations contained in this chapter.

1. Generally, these regulations apply to private property outside of critical areas, associated buffers, and shoreline management areas.

2. Tree removal not associated with development. If the tree is being removed for reasons other than development (for example, so a property owner can install solar panels), then a minor tree removal permit (see BMC 19.26.060) is required in the following situations:

A. For tree removal exceeding the allowed limit of significant tree removal per year(s), see Table 19.26.060-1;

B. For any exceptional tree removal; or

C. For removal of trees that would result in a lot going below the required minimum tree credits.

3. Tree removal associated with development. If the tree is being removed as part of a development (for example, to allow for the construction of a new home), a major tree removal permit is required, and:

A. All applications shall be accompanied by a tree protection plan pursuant to BMC 19.26.090 if there is development activity proposed within the critical root zones of significant or exceptional trees proposed for retention.

B. All applications shall be accompanied by a tree replacement plan pursuant to BMC 19.26.100 if the required minimum tree credits are not met by existing significant and exceptional trees.

4. Tree removal on an undeveloped lot. All significant and exceptional trees on an undeveloped lot shall be retained. Tree removal or land clearing on an undeveloped lot for the purpose of future development is prohibited unless a land use permit is approved by Burien. [Ord. 780 § 34, 2022]

19.26.020 Purpose.

The purpose of this chapter is to provide minimum standards for tree retention to foster a healthy and attractive community; to increase canopy cover in an equitable manner across Burien; to maintain a positive community image; to improve the aesthetic quality of the built environment; to enhance quality of life; to protect and enhance property values; to promote retention and protection of existing vegetation; to reduce the impacts of development on drainage systems and natural habitats; to absorb wind and noise; to enhance air quality; to conserve valuable water resources; and to increase privacy for and within residential zones by:

1. Retaining existing significant and exceptional trees by incorporating them into the site design;

2. Promoting water-efficient landscaping using appropriate native or climate-adapted trees, which, once established, typically require less water;

3. Promoting land development practices that result in minimal adverse disturbance to existing vegetation and soils within Burien while at the same time recognizing that certain factors may require the removal of certain trees;

4. Protecting trees during construction activities from damage to tree roots, trunks, and branches;

5. Preventing the introduction of noxious tree species in landscaping that may damage surrounding habitats over time;

6. Absorbing greenhouse gases, mitigating climate change, and removing air pollution;

7. Providing wildlife habitat;

8. Maintaining and increasing tree canopy equitably within Burien;

9. Reducing Burien’s gray infrastructure costs for stormwater management;

10. Mitigating the impacts of the urban heat island effect; and

11. Providing increased areas of permeable surfaces to allow for:

A. Infiltration of surface water into ground water resources;

B. Reduction in the quantity of storm water discharge; and

C. Improvement in the quality of storm water discharge. [Ord. 780 § 34, 2022]

19.26.030 Applicability, exemptions, permitting, and review authority.

1. A minor or major tree removal permit is required for all tree removals except those exempted by this chapter, or those allowed under 19.26.060(3).

2. The following activities and uses are exempt from this Chapter:

A. Burien-owned lands, including parks and Burien-owned public street rights-of way, which are regulated by Chapter 12.38 BMC;

B. Removal of trees below six (6) inches diameter at standard height;

C. Removal of trees by Burien, emergency responders, or public and private utilities in situations involving danger to life or property, substantial fire hazards, or interruption of utility services;

D. Trees located in critical areas or associated buffers, which are regulated by Chapter 19.40 BMC, except that properties containing critical areas may also be subject to a Forest Management Plan under BMC 19.26.060(7);

E. Trees located in shoreline management areas, regulated by BMC 20.30.040, except that properties containing shoreline management areas may be subject to a Forest Management Plan per BMC 19.26.060(7) in addition to the requirements of BMC 20.30.040; and

F. Removal of trees by the Port of Seattle, the Port of Seattle’s agents or contractors, or private landowners at the Port of Seattle’s request or direction to prevent the creation of obstructions to airplane navigation or airport hazards, to remove such obstructions or airport hazards as may come to exist, or for the safe and efficient operation of Seattle-Tacoma International Airport, provided that:

i. Trees are replaced at the ratios in Table 19.26.100-1;

ii. Tree replacement follows planting standards in BMC 19.26.100; and

iii. Replacement trees are suitable tree species for the site and trees planted within areas subject to airport height limits for the Seattle-Tacoma International Airport (BMC 19.17.140) shall be short enough upon maturity to provide sufficient clearance.

3. Emergency tree work. If a minor or major tree removal permit cannot be obtained before emergency tree work, a retroactive permit shall be submitted within fourteen (14) calendar days following tree removal, unless the tree removal is exempt pursuant to subsection (2) of this section or BMC 19.26.060(3), in the following situations:

A. Removal of trees by the property owner in emergency situations involving an imminent likelihood of failure and high likelihood of impacting the target and significant to severe consequences using the ISA Basic Tree Risk Assessment process, substantial fire hazards, or interruption of utility services. It is the responsibility of the property owner or tenant to have a qualified tree professional document the reason for the emergency removal with a qualified tree risk assessment report; or

B. Removal of dead trees that overhang a constant and immovable target, such as a house, that could result in significant to severe consequences using the ISA Basic Tree Risk Assessment process. It is the responsibility of the property owner or tenant to document the reason for the emergency removal. Documentation may include photos that clearly show the hazard or a qualified tree risk assessment report from a qualified tree professional that documents the conditions.

4. The Director may adopt preservation and protection guidelines to further the purposes of this Chapter. The guidelines may include:

A. Phasing of tree removal and replanting;

B. Any other tree preservation, protection, replacement, and planting standards and procedures the Director deems necessary.

5. If appropriate professional expertise does not exist within Burien, the Director may require independent review of any land use application that involves tree removal and land clearing at Burien’s discretion by an independent qualified tree professional. The applicant shall pay for, and Burien shall select the third-party tree professional. [Ord. 780 § 34, 2022]

19.26.040 Exceptional trees.

1. An exceptional tree is any tree thirty (30) inches or greater diameter at standard height, any tree identified in Table 19.26.040-1, or any tree designated as a Heritage Tree.

2. Removal of exceptional trees is regulated on all lots. Removal shall not occur before issuance of a minor tree removal permit or major tree removal permit.

A. Undeveloped lot. On an undeveloped lot, exceptional trees shall not be removed unless:

i. The tree(s) is determined to meet the criteria of a hazard tree per BMC 19.10.545.1(2) by a qualified tree professional; or

ii. The tree(s) poses a risk pursuant to BMC 19.26.030(3) to surrounding targets based on a qualified tree risk assessment report produced by a qualified tree professional.

B. Developed lot. On a developed lot that is not undergoing development, exceptional trees shall not be removed unless:

i. The tree(s) is determined to meet the criteria of a hazard tree per BMC 19.10.545.1(2) by a qualified tree professional; or

ii. The tree(s) pose a risk pursuant to BMC 19.26.030(3) to surrounding targets based on a qualified tree risk assessment report produced by a qualified tree professional; or

iii. The tree(s) meets the maintenance criteria in 19.26.110(8) and the condition is documented by a qualified tree professional with a qualified tree risk assessment report.

C. Lot undergoing development.

i. On a proposed development site, exceptional trees shall not be removed unless they are determined to meet the criteria of a hazard tree under BMC 19.10.545.1(2) by a qualified tree professional; or

ii. A qualified professional determines the tree meets the definition of an unhealthy tree prior to development; or

iii. Exceptional trees may be removed if retention will limit the constructable building coverage to less than eighty-five (85) percent of the maximum building coverage area allowed under Chapter 19.15 BMC; and

iv. The following departures may be granted to prevent removal or potential damage to an exceptional tree. If such a departure is granted, the departure shall be no greater than the development potential lost in tree protection zones. Code departures shall be reviewed and approved by the City of Burien in conjunction with a Land Use Permit or Construction Permit.

a. For a single-family residence, building coverage may be increased by twenty (20) percent or a reduction of the front setback by up to ten (10) feet may be granted.

b. For all other uses, an additional ten (10) feet of height may be granted.

c. Parking reduction. A reduction in the parking quantity required by Chapter 19.15 BMC and BMC 19.20.040 may be permitted to protect an exceptional tree if the reduction complies with BMC 19.20.040(3) and would result in a project that avoids the tree protection zone.

d. If a departure is provided pursuant to subsection (2)(C)(iv)(a), (b), or (c) of this section, the tree shall be protected for the life of the project pursuant to BMC 19.26.110, and a covenant running with the land shall be recorded, ensuring the protection of the exceptional tree.

e. If a departure is provided pursuant to subsection (2)(C)(iv)(a), (b), or (c) of this section, a maintenance bond shall be applied by the director, for the appraised landscape value, using the latest edition of the “Guide for Plant Appraisal.” The tree bond shall be posted for a three-year survival period after the conclusion of development. The bond must be posted before the certificate of occupancy is issued.

Table 19.26.040-1 Exceptional Tree Table with Threshold Diameters at Standard Height
1
Exceptional Tree Sizes
Common name	Scientific name	Exceptional size
Grand fir	Abies grandis	24 inches
Vine maple	Acer circinatum	10 inches
Bigleaf maple	Acer macrophyllum	24 inches
Red alder	Alnus rubra	Not Exceptional2
Pacific madrone	Arbutus menziesii	8 inches
Port Orford cedar	Chamaecyparis lawsoniana	24 inches
Cascara	Frangula purshiana	8 inches
Ash	Fraxinus spp.	Not Exceptional3
Sitka spruce	Picea sitchensis	24 inches
Lodgepole or shore pine	Pinus contorta	12 inches
Western white pine	Pinus monticola	24 inches
Black cottonwood	Populus trichocarpa	Not Exceptional2
Bitter cherry	Prunus emarginata var. mollis	Not Exceptional2
Douglas-fir	Pseudotsuga menziesii	24 inches
Oregon white oak	Quercus garryana	12 inches
Willow (All native species)	Salix hookeriana; Salix lucida; Salix scouleriana; Salix sitchensis	8 inches
Pacific yew	Taxus brevifolia	8 inches
Western redcedar	Thuja plicata	24 inches
Western hemlock	Tsuga heterophylla	24 inches
Any tree not listed in this table		30 inches or greater
Heritage tree		Any size

1 Diameter at standard heights listed in this table apply for a single- or multi-stem equivalent.

2 These trees are early successional trees, which have a short lifespan and are not always appropriate to retain around urban areas with high concentrations of targets (e.g., homes, buildings, and people).

3 This is a genus of tree species that is susceptible to emerald ash borer; the additional protection afforded by the exceptional designation is not warranted as these trees have a higher likelihood of mortality.

[Ord. 780 § 34, 2022]

19.26.050 Minimum tree credits.

1. A minimum tree credit density shall be maintained on each lot as specified in the table below regardless of development status. The tree credits may consist of existing significant or exceptional trees, replacement trees, or a combination. Only healthy trees can be used to satisfy the required minimum tree credits. If the number of trees required includes a fraction of a tree, any amount equal to or greater than one-half (1/2) shall be rounded up.

Table 19.26.050-1 Required Minimum Tree Credits
Land Use Type	Required Minimum Tree credits per 1,000 square feet of developable area
Single-family development (detached dwellings, ADUs and DADUs) and townhouses on individual lots.	1
Multi-family development (attached dwellings including townhouse apartments and cottage housing).	1
Commercial, industrial, or non-residential lots	0.15

A. Calculating Tree Credits: Tree retention standards shall be applied to the property’s developable area. Developable area excludes critical areas and their buffers, public street rights-of-way, private PUD streets, shared driveways, and public trails. For example: If a single-family lot has a developable area of 6,600 square feet, the minimum required tree credits would be seven (7) (6,600/1,000 = 6.6 rounded up to 7); this could be obtained by retaining one (1) tree worth seven (7) credits or seven (7) trees each worth one (1) credit. If a single-family lot has a developable area of 5,400 square feet, the minimum required tree credits would be five (5) (5,400/1,000 = 5.4 rounded down to 5); this could be obtained by retaining one (1) tree worth five (5) credits or five (5) trees worth one (1) credit.

B. For sites with existing healthy significant or exceptional trees, a minimum percentage of tree credits shall be from retained trees; the remainder may be from retained trees or newly planted trees. To ensure that existing trees are appropriately retained as new development activities occur, fifty (50) percent of required tree credits must be achieved through retention of existing trees, except in the following circumstances:

i. Lots 3,000 square feet or less are exempt from meeting required minimum tree credits with existing trees, except pursuant to exceptional tree requirements in BMC 19.26.040. These lots can meet the minimum required tree credits either through tree replacement or fee-in-lieu per BMC 19.26.100(5);

ii. If retention will limit the constructable building coverage to less than eighty-five (85) percent of the maximum building coverage area allowed pursuant to Chapter 19.15 BMC;

iii. If the lot does not have sufficient significant or exceptional trees to meet the tree retention requirements, then any existing healthy trees shall be retained, provided the lot does not meet the criteria in subsection (1)(B)(i) or (ii) of this section.

C. Any trees planted to meet the landscaping requirements of Chapter 19.25 BMC shall count towards the required minimum tree credits provided they meet the planting standards in BMC 19.26.100.

D. Tree credits shall be assessed in the following priority:

i. First, existing healthy trees.

ii. Second, replacement trees.

iii. Last, fee-in-lieu per BMC 19.26.100(5), where each fee-in-lieu will count as one (1) credit.

2. Any lot that in its current condition does not meet the required minimum tree credits shall be brought into conformance when the following thresholds are met:

A. Construction of a new structure that is 500 square feet or larger; or

B. Construction of an addition to an existing structure where the addition is 500 square feet or larger.

3. The following process shall be used for calculating the required minimum tree credits for a lot or lots that are being subdivided for the purpose of determining tree retention and replacement. The required minimum tree credits shall be applied to the developable area of the short plat or subdivision (developable area excludes critical areas and their buffers, public street rights-of-way, private PUD streets, shared driveways, and public trails). Additionally, each individual lot requires a minimum of two (2) tree credits per lot.

As an example, if a lot had 20,000 square feet of developable area, it would require twenty (20) tree credits for the entire property (20,000/1,000 = 20). If the parcel was divided into four (4) lots, each of the lots would require a minimum of two (2) tree credits, or a total of eight (8) tree credits (4 lots X 2 credits per lot = 8 tree credits). The remaining twelve (12) tree credits (20 credits - 8 credits = 12) can be on any combination of lots or open space.

4. Trees located within a critical area or associated buffer may not count towards that lot’s required minimum tree credits.

5. Trees growing on a property line shall count as half (1/2) the tree credits listed in Table 19.26.050-2.

6. Non-significant healthy trees between one (1) and six (6) inches diameter at standard height may count as 0.75 credit per retained tree in lieu of replacement trees.

Table 19.26.050-2 Tree credits
Existing Significant and Exceptional Trees								Planted trees
Tree DSH1 Or size	6 to 10 inches DSH	Larger than 10 and up to 14 inches DSH	Larger than 14 and up to 18 inches DSH	Larger than 18 and up to 22 inches DSH	Larger than 22 and up to 26 inches DSH	Larger than 26 and less than 30 inches DSH	30 inches or greater DSH and all exception-al trees	2-inch caliper deciduous or broadleaf tree	6-foot tall evergreen conifer
Credits per tree	1	2	3	4	5	7	9	1	2

1 Diameter at standard height (DSH), which means the diameter of a tree trunk measured at 4.5 feet above average grade, is used in determining the diameter of existing trees. Where a tree has a branch(es) or swelling that interferes with the measurement at 4.5 feet above average grade or where a tree tapers below this point, the diameter is measured at the narrowest point below 4.5 feet. For trees located on a slope, the 4.5 feet is measured from the average of the highest and lowest ground points or, on very steep slopes where this is not possible, the lowest practical point on the uphill side. Where a tree splits into several trunks close to ground level, the DSH for the tree is the square root of the sum of the DSH for each individual stem squared (example with 3 stems: DSH = square root [(stem1)^2 + (stem2)^2 + (stem3)^2]).

[Ord. 780 § 34, 2022]

19.26.060 Tree removal – Not associated with development.

The following regulations shall apply to significant and exceptional tree removal not associated with development activity:

1. Minor tree removal permit. All proposals not subject to subsection (3) or (7) of this section, or BMC 19.26.070 shall be required to obtain a minor tree removal permit. Minor tree removal permits shall be reviewed administratively. Burien shall only approve a permit in the following scenarios:

A. Without tree replacement, provided the lot meets the minimum tree credits in Table 19.26.050-1:

i. The significant or exceptional trees are determined to meet the criteria of a hazard tree per BMC 19.10.545.1(2);

ii. The significant or exceptional tree poses a risk pursuant to BMC 19.26.030(3);

iii. The significant or exceptional tree meets the maintenance criteria in 19.26.110(8);

iv. The significant tree is on the prohibited plants and trees list and is not exceptional; or

v. The significant or exceptional tree is dead or likely to die within 1 year.

B. With tree replacement:

i. The lot meets the required minimum tree credits but removes significant trees beyond the allowances in Table 19.26.060-1. Each significant tree removed beyond the allowances must be replaced at a one (1) to one (1) ratio.

ii. Tree removal pursuant to subsection (1)(A) of this section results in a lot below the required minimum tree credits. Sufficient replacement trees shall be planted to reach the required minimum tree credits.

2. Minor tree removal permit applications shall be submitted with a complete application form as prescribed by the Director and with all required fees. All applications for minor tree removal permits shall include the following:

A. A written statement of the reason for the removal;

B. A basic site plan or aerial photo showing the approximate location of significant and exceptional trees on the site, including their size (DSH), species, condition, and clearly designating which tree(s) will be removed and which tree(s) will be retained. The site plan shall also show all structures, driveways, and other impervious surfaces on the site;

C. A statement that tree(s) proposed for removal are not in shoreline management areas, critical areas or associated buffers, and an acknowledgment that tree removal will not result in a lot below the required minimum tree credits in BMC 19.26.050;

D. For required replacement trees, a planting plan must show location, size, species, and quantity of new trees in accordance with standards set forth in this Chapter;

E. Burien may request additional information as needed to allow adequate review of the proposal;

F. The Director shall approve, approve with terms, conditions, or specifications, or deny the minor tree removal permit application within 60 calendar days; and

G. Minor tree removal permits expire 90 days from issuance.

3. Existing residential, commercial, and other developed lots – significant tree removal. Any residential, commercial, or other developed lot owner may remove the allotted number of trees in Table 19.26.060-1 without a minor tree removal permit, provided that the tree will not:

A. Be in a shoreline management area, critical area, or associated buffer;

B. Be subject to the retention and maintenance requirements in place for three years following approval of new development per BMC 19.26.110(1); and

C. Result in the lot below the required minimum tree credits per BMC 19.26.050.

Table 19.26.060-1 Significant Tree Removal Allowances, No Permit Required
1
Property Size	Maximum allowance for significant tree removals per 12 months
Under 5,000 square feet	1
5,000 to 10,000 square feet	2
10,001 to 20,000 square feet	4
20,001 square feet or greater	5

1 If the property is below the required minimum tree credits trees cannot be removed without a minor tree removal permit.

4. Trees removed pursuant to subsection (1)(A) of this section do not count towards the significant tree removal allowances. Burien retains the right to dispute the emergency and require that replacement trees/vegetation be replanted as mitigation.

5. Trees planted to meet the required minimum tree credits at the time of original development or required replacement trees for previous tree removal shall be subject to the following regulations:

A. Required replacement trees may not be removed during the three-year maintenance period pursuant to BMC 19.26.110(1). Following the maintenance period, all replacement trees shall be considered significant trees, even if below the size threshold.

B. Property owners shall be required to provide a minor tree removal permit for removal of previously required replacement trees, even if the tree is below the minimum size for significant trees. Such trees shall always require replacement planting of one tree for each tree removed.

6. Replacement trees are subject to the requirements in BMC 19.26.100.

7. Forest management plan. The purpose of a forest management plan is to manage a forested property over an extended period to avoid piecemeal actions that can lead to degradation of the forest. A forest management plan allows for tree removal, pruning, and overall vegetation management of a site. A forest management plan must be written by a qualified tree professional. The plan will identify current forest conditions and considerations for management over ten years. A parcel must be greater than 30,000 square feet in size and have a canopy cover of forty (40) percent or greater to be eligible for a forest management plan.

A. A forest management plan shall include the following:

i. A description of the purpose of the plan including the landowner’s objectives and goals;

ii. A physical description of the site conditions including shoreline management areas, critical areas, or buffers;

iii. A description of the forest health including pests, pathogens, and noxious species;

iv. A forest inventory including a map and list of all significant and exceptional trees proposed for management;

v. Photos of trees and understory composition;

vi. A wildlife habitat description;

vii. A description of existing structures and utilities;

viii. Forest management recommendations; and

ix. A signature of the qualified tree professional and property owner.

B. After the initial submittal and approval of the plan, a tree permit shall be submitted before any subsequent tree management actions to ensure compliance with the forest management plan. Subsequent permits do not require reports written by a qualified tree professional unless the requested actions are not in alignment with the approved forest management plan.

C. The Forest Management Plan is subject to the following:

i. Exceptional tree protection in BMC 19.26.040;

ii. Minimum tree credits in BMC 19.26.050; and

iii. Critical area regulations in Chapter 19.40 BMC and/or shoreline regulations in BMC 20.30.040. [Ord. 780 § 34, 2022]

19.26.070 Tree removal – Associated with development activity.

Significant trees and exceptional trees shall be retained as follows:

1. Major tree removal permit. All proposals which are not exempt from the provisions of this chapter, require a land use or construction permit and would remove significant or exceptional trees shall be required to obtain a major tree removal permit. The major tree removal permit application shall be submitted and reviewed in conjunction with the associated land use or construction permit.

A. Applications shall be submitted with a complete Director-approved application form and with all required fees.

i. All applications shall be accompanied by a tree retention plan pursuant to BMC 19.26.080 if there is development activity proposed within the critical root zones of significant or exceptional trees proposed for retention.

ii. All applications shall be accompanied by a replacement plan pursuant to BMC 19.26.100 if the required minimum tree credits are not met by existing significant and exceptional trees and the lot is required to be brought into conformance pursuant to BMC 19.26.050.

B. Major tree removal permits expire 180 (one hundred and eighty) days from the date of issuance or the expiration date of the associated land use or construction permit.

2. All significant and exceptional trees on an undeveloped lot shall be retained. Tree removal or land clearing on an undeveloped lot for the purpose of future development is prohibited unless Burien approves a land use permit.

3. Tree removal on all lots is subject to the minimum required tree credits in BMC 19.26.050; however, on lots less than 3,000 square feet, all significant trees located within the buildable areas of the lot (outside of setbacks) may be removed if needed to accommodate a proposed structure, except for exceptional trees which shall only be removed in accordance with BMC 19.26.040(2)(C).

4. If significant or exceptional trees were previously located in a closed, forested situation, a qualified tree professional shall provide a written analysis of the stability of the trees and assess the windthrow potential within a three-year period. [Ord. 780 § 34, 2022]

19.26.080 Retention plan – Associated with development activity.

The applicant shall submit a tree retention plan prepared by a qualified tree professional, concurrent with a land use review application, grading permit application, building permit application, or preliminary subdivision application or short subdivision application, whichever is reviewed and approved first. The Director shall compile and maintain a database of significant and exceptional trees based upon the submitted and approved tree retention plans. The tree retention plan shall consist of:

1. A tree map that identifies the location, size (DSH), and species of all significant and exceptional trees on a site. The tree map shall also show:

A. The location and species of each significant and exceptional tree:

i. With an engineered professional survey location when a survey is required; or

ii. With an accuracy of five (5) feet or less – or measurements from the property line and to the proposed disturbance – when a survey is not required for the application;

B. All trees proposed for removal, clearly marked with an X;

C. The location of any tree designated as an exceptional tree. Exceptional trees must be clearly noted on the survey with a unique symbol;

D. The location of trees within thirty (30) feet of any clearing or grading that could be impacted by development;

E. Trees labeled on all plan sheets with numbers that correspond to physical tags on the trees; and

F. The location of the critical root zone(s) and tree protection zone(s), showing the tree protection fencing at the extent of the tree protection zone. Tree protection fencing shall be on all plans that involve ground disturbance, such as but not limited to grading, demolition, landscaping, and stormwater.

2. A report prepared by a qualified tree professional documenting the current health and structural condition of all significant and exceptional trees on and overhanging the site. This must include:

A. A description of the existing site conditions, including understory plants;

B. The feasibility of retaining significant and exceptional trees on and overhanging the site based on existing conditions and proposed development and site improvements, including but not limited to new structures, additions to existing structures, appurtenances, accessory structures, utilities, and driveways; and

C. A description of tree protection measures pursuant to BMC 19.26.090 and any special measures required to protect the trees throughout construction, including but not limited to alternative excavation methods within the tree protection zone, irrigation, mulch, arborist monitoring, etc. [Ord. 780 § 34, 2022]

19.26.090 Tree protection – Associated with development activity.

To provide the best protection for significant and exceptional trees on and adjacent to the lot:

1. No clearing or development activity shall be allowed on a site until approval of tree retention and landscape plans;

2. An area of prohibited disturbance, corresponding to the TPZ of the significant and/or exceptional tree(s) shall be protected during construction with a temporary six (6) foot-high chain- link fence and include warning signs “Tree Protection Zone – Keep Out” every twenty (20) feet. The fencing shall be installed before issuance of development permits for the site and removed once the project is complete. The Director shall inspect the fencing before grading;

3. Each retained exceptional tree shall be posted with the fine associated with removal as provided in Table 19.26.160-1. The fine must be affixed to the nearest fence panel or directly to the tree in a manner that does not damage the tree. Signs must be visible and maintained throughout the duration of the project;

4. No impervious surfaces, fill, excavation, or storage of construction materials or equipment shall be permitted within the area defined by such fencing. Under no circumstances can impacts occur within the interior critical root zone. Grading impacts can be up to twenty-five (25) percent of the total critical root zone provided a qualified tree professional determines that disturbances within the critical root zone will not impact the health and structure of the tree. A qualified tree professional shall provide sufficient mitigation measures for any disturbances within the critical root zone and temporary access within the tree protection zone must be approved and monitored by a qualified tree professional at the expense of the applicant. The director may consider other limited disturbances provided that the depth of soil disturbance is less than three (3) inches, and the subsoil is not compacted;

5. Each tree protection zone must be covered with four (4) inches of coarse arborist woodchips to clearly delineate the tree protection zone, retain moisture, and protect soils throughout construction. Supplemental irrigation shall be required if the woodchip layer cannot sufficiently maintain soil moisture throughout construction;

6. The grade level shall not be lowered or raised within the tree protection zone without a report provided by a qualified tree professional and director approval. Approved excavation within the tree protection zone must use low-impact excavation methods, such as directional boring, pneumatic (air) or hydro excavation, or hand digging to minimize tree disturbance. Any roots two (2) inches diameter or greater that cannot be retained must be cleanly cut at the point of excavation closest to the tree to prevent damage to the root beyond excavation. Exposed roots must be covered with burlap or plastic sheeting and kept wet throughout construction; and

7. Alternative protection methods may be approved if the Director determines that the method provides equal or greater tree protection in accordance with American National Standards Institute (ANSI) A300. [Ord. 780 § 34, 2022]

19.26.100 Tree replacement.

Tree replacements required by this Chapter shall be replaced according to the standards in this section.

1. The applicant shall submit a replacement plan prepared by or with a qualified tree professional that demonstrates that tree installation will meet the minimum standards of this section. A tree replacement plan can be part of the landscape plan or a separate plan.

2. Replacement trees shall be planted on the site from which significant or exceptional trees are removed. Unless the Director accepts one or more of the alternatives set forth in subsection (5) of this section on-site replacement shall, at the minimum, meet the required minimum tree credits of Table 19.26.050-1. Tree replacement exceeding the required minimum tree credits is encouraged.

3. Any tree removed not associated with development more than the allowance for significant tree removal shall be replaced in accordance with BMC 19.26.060 and follow standards in this section.

4. Any exceptional healthy tree required to be removed as part of a development permit requires replacement at a ratio of three (3) trees for each tree removed and shall follow size and planting standards in this section. This replacement is in addition to the minimum required tree credits in BMC 19.26.050-1.

5. When complete on-site replacement cannot be achieved or is considered not practical, the Director may approve a fee-in-lieu for each replacement tree required by this chapter but not planted on site; provided, that lots above 3,000 square feet meet the minimum required tree credits from retained and replaced trees.

A. The Burien City Council by resolution shall establish a fee-in-lieu amount for replacement trees. The fee-in-lieu amount shall cover the cost of a tree, installation (labor and equipment), maintenance for two (2) years, and fund administration. The fee-in-lieu shall be adjusted by the Consumer Price Index (CPI) for the Seattle-Tacoma area annually.

B. The applicant shall pay the fee-in-lieu amounts to Burien upon completion of a site inspection and confirmation.

C. Fee-in-lieu monies may be used for Burien’s urban forestry initiatives to achieve the objectives of the Green Burien Partnership Urban Forest Stewardship Plan and Climate Action Plan including but not limited to forestry education, restoration activities, the purchase of land for the purpose of reforestation or preservation, the planting of individual trees, funding a tree give-away program, purchase and installation of infrastructure to preserve existing trees and protect new trees, funding a Burien tree inventory, and/or for enforcement of this Chapter. Fee-in-lieu monies may also be used for off-site replacement plantings at city-owned parks, public street rights-of-way, Highline School District properties within the city limits, and neighborhoods identified in the Green Burien Partnership Urban Forest Stewardship Plan in need of tree equity as determined by the Director. All trees to be replaced offsite shall meet the replacement standards of this section.

6. Replacement trees shall be planted:

A. To reestablish or enhance protected trees or tree stands where they previously existed;

B. Within sensitive areas or buffers when recommended in an approved critical areas report and satisfy the requirements of Chapter 19.40 BMC;

C. In locations appropriate to the species’ growth habit and horticultural requirements;

D. Away from areas where infrastructure damage is likely to occur, including utility easements;

E. To provide screening of the development from adjacent properties, where appropriate;

F. In areas that connect or are adjacent to sensitive areas or other open spaces, where appropriate;

G. As a part of an integrated landscape plan, if required under BMC 19.25.040, for development; and

H. With consideration of the trees’ maturation and maintenance requirements, especially for those to be planted next to or under overhead utility power lines.

7. Minimum sizes and requirements for replacement trees shall be as follows:

A. Deciduous or broadleaf trees – two (2) inch caliper at the time of planting;

B. Evergreen conifers – six (6) feet in height measured from treetop to the root flare at the time of planting;

C. Adhere to all size requirements and standards in the latest version of the American Standard for Nursery Stock (ANSI Z60.1);

D. Planted with the following requirements, unless they are planted within the tree protection zone of retained trees, in which case the Director may approve alternative specifications:

i. Soil shall be loosened within the planting hole three (3) times the widest dimension of the root ball;

ii. The top of the root ball shall be placed at finished grade and a four (4) inch-high soil or berm shall be constructed around the root ball edge;

iii. The root ball shall be placed on existing or recompacted soil to prevent settling;

iv. Four (4) inches of woodchip or bark mulch shall be placed over the loosened soil, tapering so no woodchip or bark mulch touches the tree trunk; and

v. Organic matter or fertilizer shall be incorporated with native soils as needed according to best management practices;

E. Native or climate-adapted;

F. The location and type of on-site replacement trees shall be determined by a qualified tree professional using “Right tree, Right place” principles, or site conditions must be modified to create the right place for the right tree;

G. Where the site allows, large and medium statured tree species shall be planted as replacement trees;

H. The Director may consider smaller-sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, site conditions, and to the purposes of this section, and are planted in sufficient quantities to result in greater canopy coverage within fifteen (15) years; and

I. Prohibited trees as defined in BMC 19.10.408 shall not be replacement trees.

8. Installation of required replacement trees shall comply with the approved plan which the developer/property owner shall submit with the development site plan.

9. All required tree replacement and other required mitigation shall be completed before issuance of the certificate of occupancy, and subject to maintenance requirements in BMC 19.26.110.

10. A tree illegally removed pursuant to this Chapter shall be replaced at the following ratio in Table 19.26.100-1.

Table 19.26.100-1 Tree Replacement for illegal removal of trees
Diameter at standard height (DSH) of tree removed	Number or required replacement trees
6 to 10 inches DSH	1
Larger than 10 inches and up to 14 inches	2
Larger than 14 inches and up to 18 inches	3
Larger than 18 inches and up to 22 inches	4
Larger than 22 inches and up to 26 inches	5
Larger than 26 inches and up to 30 inches	6
Larger than 30 inches and Exceptional trees where an exception pursuant to BMC 19.26.040(2)(C) has not been granted	7
Exceptional trees granted an exception pursuant to BMC 19.26.040(2)(C)	8

[Ord. 780 § 34, 2022]

19.26.110 Maintenance.

1. Significant trees and exceptional trees shall be maintained for the life of the project and for three (3) years following issuance of the certificate of occupancy. A three (3) year tree maintenance agreement shall be recorded on the Burien City Attorney-approved document.

2. All landscape materials, significant trees, and exceptional trees, shall be pruned and trimmed to maintain a stable structural condition or to prevent primary limb failure.

3. Except for wildlife snags specifically retained to provide wildlife habitat, other dead, diseased, damaged, or stolen plantings shall be replaced under Table 19.26.100-1 within three months or during the next planting season if the loss does not occur in a planting season. Removal of a wildlife snag containing cavities or other obvious signs of state or federally protected bird, or animal habitation is considered to be tree removal and is subject to tree replacement and code enforcement provisions for illegal removal unless determined to pose a risk using the ISA Tree Risk Assessment process by a qualified tree professional.

4. Trees or portions of trees that obstruct or hinder the use of any public street right-of-way or designated trail, particularly eight (8) feet or less above a pedestrian walkway or sidewalk and fourteen (14) feet or less above a paved street, shall be removed. Portions of a tree shall be removed unless Burien determines that the tree must be removed.

5. Burien may remove trees or portions of trees that obstruct or hinder the use of the public street right-of-way, city-owned property, or a designated trail without providing notice to the adjacent property owner; however, contact with the adjacent property owner shall be attempted as provided in BMC 19.26.140, Inspection procedures.

6. Any tree that is topped, unless recommended by a licensed and qualified tree professional for the tree’s structural stability and longevity, is considered to be removed and requires a tree permit. The assessment shall be conducted prior to topping. Removal without a permit is subject to tree replacement and code enforcement provisions for illegal removal.

7. Before any significant or exceptional tree has more than twenty-five (25) percent of the live tree canopy removed a qualified tree risk assessment report must be submitted by a qualified tree professional in conjunction with a minor or major tree removal permit. Removal or pruning of more than twenty-five (25) percent of the live tree canopy without a permit is considered to be removed. Removal without a permit is subject to tree replacement and code enforcement provisions for illegal removal.

8. Any tree that causes physical damage to a structure(s) may be removed with a minor or major tree removal permit provided the problems associated with the tree cannot be corrected by reasonable practices, including but not limited to: pruning of the crown or roots of the tree, bracing, cabling, routine maintenance or cleaning of the structure, or construction modification. The property/owner or developer shall have a report prepared by a qualified tree professional documenting the damage and mitigation options, which will be submitted to the City of Burien in conjunction with the permit. [Ord. 780 § 34, 2022]

19.26.120 Bonds/security.

Performance bonds or other appropriate security (including letters of credit and set-aside letters) are required for three (3) years after the planting or transplanting of vegetation to insure proper installation, establishment, and maintenance. [Ord. 780 § 34, 2022]

19.26.130 Inspection.

1. The Director shall have site access wherever an active permit has been applied for or issued to perform an on-site review and to ensure the accuracy of a permit application and permit compliance. The applicant shall request an inspection before any tree removal. Upon completion of planting, the applicant shall request a final tree inspection to ensure proper installation. Upon completion of the three (3) year maintenance period, the applicant shall request an inspection to ensure the survival of planted and retained trees and the release of associated bonds.

2. Upon completion of construction activities and before issuance of the certificate of occupancy, the applicant shall request an inspection of all protected significant and exceptional trees. Any tree found to be irreparably damaged, dying, or a high risk shall be replaced consistent with BMC 19.26.160(4) and subject to fines in Table 19.26.160-1 if it is determined the damage was likely caused by construction activities.

3. Whenever the Director believes that a violation of this Chapter has been or is being committed for which no active permit has been issued, the Director may inspect the site pursuant to BMC 19.26.140. [Ord. 780 § 34, 2022]

19.26.140 Inspection – Procedures.

1. Asking for permission to enter. Before any inspection, the Director shall present identification credentials, state the reason for the inspection, and request entry. If the property or any building or structure on the property is unoccupied, the Director shall make a reasonable effort to locate the owner or an individual having charge or control of the property or portions of the property and request entry, before entering. Reasonable effort shall rely on the name and address provided in the King County Parcel Viewer.

2. Entering without permission. The Director or designee may enter without permission if, after reasonable effort, the Director is unable to locate the owner or other individual(s) having charge or control of the property and believes that the condition of the trees creates an imminent hazard to individuals or property, or trees are being actively cut down without a permit. [Ord. 780 § 34, 2022]

19.26.150 Stop work orders.

The Director may issue a Stop Work Order to any person(s) that fail to comply with any of the terms of a tree removal permit or any activity conducted in violation of this Chapter or in a dangerous or otherwise unsafe manner. The Stop Work Order shall be in writing and served on the person(s) engaged in the activity or cause of the activity. The effect of such a Stop Work Order shall be for the persons issued to immediately terminate all work or activity on the subject property until the Director authorizes such work or activity to proceed based on compliance with this chapter. [Ord. 780 § 34, 2022]

19.26.160 Enforcement and penalties.¹

For any violation of this Chapter, the City of Burien may pursue code enforcement and penalties in accordance with Chapter 1.15 BMC and this section. Where there is a conflict, this section shall prevail.

1. General Requirements. This section applies to all trees on private property. Enforcement shall be in accordance with procedures set forth in this Chapter.

2. Authority. It shall be the duty of the applicable department Director to administer the provisions of this section.

3. Civil Penalty Fines for Tree Removal.

A. It is unlawful to remove or damage trees in violation of these tree regulations. Tree removal includes the removal of a tree, directly or indirectly.

B. Any person who aids or abets in the violation shall be considered to have committed a violation for purposes of fines. This includes the arborist or company pruning or removing the tree.

C. Types of Violations. Violations include, but are not limited to, the removal or damage to tree(s):

i. Before final tree retention plan approval or the issuance of a minor or major tree removal permit;

ii. That are shown, or would be shown, to be retained on an approved tree retention plan or any other violation of an approved tree retention plan; or

iii. In violation of the terms and conditions of an issued Burien permit, which will require compliance with American National Standards Institute (ANSI) A300 pruning standards.

D. Civil penalty fines are as assessed in accordance with Table 19.26.160-1, based on the diameter at standard height of the unlawfully removed or damaged tree trunk. If the diameter at standard height of an unlawfully removed or damaged tree cannot be established, the diameter of the remaining stump top shall be used in lieu of diameter at standard height. In cases where the stump has been removed, Burien will approximate the size of the removed tree(s) based on available evidence. If there is inadequate evidence, Burien shall assess a minimum ten thousand ($10,000) dollar civil penalty fine for each unlawfully removed tree. Fines and tree restoration cost(s) may be assessed against the responsible party.

Table 19.26.160-1 Fines
Unlawfully Removed or Damaged Tree DSH or Stump Diameter	Fines per Tree	Fines per Tree when Protected Through Easement, Tracts or Similar Document1
Less than 6 inches	$700 for replacement trees or trees planted to meet minimum tree credits	$1,000
6 inches to 10 inches	$1,000	$1,500
Larger than 10 and up to 14 inches	$2,000	$3,000
Larger than 14 and up to 18 inches	$3,000	$4,000
Larger than 18 and up to 22 inches	$4,000	$5,000
Larger than 22 and up to 26 inches	$6,000	$7,000
Larger than 26 and up to 30 inches	$7,000	$8,000
Larger than 30 inches and Exceptional trees where an exception pursuant to BMC 19.26.040(2)(C) has not been granted	$9,000	$10,000
Exceptional trees granted an exception pursuant to BMC 19.26.040(2)(C)	$12,000	$15,000
Tree stump has been eliminated	$10,0002	$15,0002

1 Tree(s) protected through easements, tracts, or similar mechanisms (such as grove easements, Native Growth Protection Easements, or Native Growth Retention Area).

2 Minimum fine amount; fine will be based on an assessment of the actual tree size when evidence allows.

E. The tree penalty fine for repeat violations shall be determined by multiplying the fine(s) for each tree fine amount in Table 19.26.160-1 by the number of violations. For example, the tree penalty fine for a second violation is multiplied by two, and a third violation is multiplied by three, and so on. A repeat violation is where a violation occurs after notice.

F. If an arborist is required to determine the tree type or size, the responsible party shall pay the arborist fees.

G. A Code Enforcement Officer may permit a violator of this chapter to voluntarily perform Burien-approved community service in lieu of paying some or all of the civil penalty. Community service may include, but is not limited to, restoration or education programs. The amount of community service shall reasonably relate to the comparable value of the civil penalties imposed.

4. Tree and Site Restoration.

A. Restoration Plan. Violators of this chapter or a Burien-issued permit shall be responsible for restoring unlawfully damaged areas. The restoration, to the greatest extent practical, should recreate the site condition that would have existed in the absence of the violation.

i. The restoration plan shall depict repairs of any environmental and property damage and restoration of the site.

ii. Tree violations that occur in critical areas and their buffers, on properties and within shoreline jurisdiction are also subject to any restoration plan requirements in Chapters 19.40 and 20.30 BMC, respectively.

iii. Restoration plans on private property must be submitted to the Director for consideration and possible approval.

B. Restoration Plan Standards. The restoration plan shall be in accordance with the following standards:

i. The number of trees required to be planted shall be equal to the size and number of illegally removed trees according to Table 19.26.100-1;

ii. The minimum size and standards for a tree shall be in accordance with BMC 19.26.100(7); and

iii. The restoration plan shall include a maintenance plan and an agreement or security to ensure survival and maintenance of restoration trees for a minimum three (3) year period.

C. In the event the violators cannot restore the unlawfully removed or damaged trees, the violators shall pay a fee-in-lieu of restoration to Burien. The fee-in-lieu shall be as set forth in the fee schedule.

5. Hearing on Violation, Failure to Restore or Failure to Pay Fines. Burien may issue notices of civil violation to the violator(s) according to Chapter 1.15 BMC. Violator(s) may administratively appeal the Notice of Civil Violation. A hearing on the Notice of Civil Violation shall be held in accordance with BMC 1.15.140 through 1.15.180, and the hearing examiner shall determine whether violation(s) occurred and, if so, the hearing examiner may impose any appropriate fine(s) for such violation(s), as well as require restoration or fee(s)-in-lieu of restoration. [Ord. 780 § 34, 2022]

Code reviser’s note: Ordinance 780, codified in this section, provides that fines related to this chapter shall not be imposed until March 1, 2023, at 12:00 a.m.