4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS:

A. PURPOSE:

This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and ground cover plants. The purposes of these regulations are to:

1. Preserve and enhance the City’s physical and aesthetic character by minimizing indiscriminate removal or destruction of trees, shrubs, and ground cover;

2. Implement and further the goals and policies of the City’s Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics;

3. Promote land development practices that result in minimal adverse disturbance to existing vegetation and soils within the City while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;

4. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils;

5. Retain clusters of trees for the abatement of noise and for wind protection, and reduce air pollution by producing pure oxygen from carbon dioxide;

6. Protect trees during construction activities from damage to tree roots, trunks, and branches; and

7. Recognize that trees increase real estate values.

B. APPLICABILITY:

The regulations of this Section apply to any developed lot, and property where land development or routine vegetation management activities are undertaken or planned.

C. ALLOWED TREE REMOVAL ACTIVITIES:

Tree removal, vegetation management, and associated use of mechanical equipment is permitted as follows, without the requirement of a routine vegetation management permit, except as provided in subsection D3 of this Section, Restrictions for Critical Areas – General, and in RMC 4-3-110, Urban Separator Overlay Regulations:

1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility.

2. High-Risk Trees: Removal of a high-risk tree, as defined in RMC 4-11-200, Definitions T, that has been certified as such by an arborist with an International Society of Arboriculture (ISA) Tree Risk Assessment Qualification (TRAQ), provided the removal is limited to three (3) high-risk trees within a one-year period and no landmark trees are proposed for removal. A routine vegetation management permit is required for the removal of more than three (3) high-risk trees within a one-year period and for the removal of high-risk landmark trees.

3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way and easements, and public parks.

4. Installation of SEPA Exempt Public or Private Utilities: Removal of vegetation necessary for the installation of distribution lines by public and private utilities not including any significant tree removal; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures.

5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in RMC 4-11-010, Definitions A.

6. Commercial Nurseries or Tree Farms: Removal of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler.

7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected (refer to subsection C12 of this Section, Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Rights-of-Way or Easements).

8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work, provided the work is conducted in accordance with the following requirements:

a. No tree removal shall occur as part of the investigative work. Tree alteration shall be limited to the removal of fallen tree debris and minor tree pruning, with supervision by an ISA certified arborist or American Society of Consulting Arborists (ASCA) certified consultant.

b. With the exception of the removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Control Board or other government agency, no vegetation or ground cover removal shall occur as part of the investigative work. Vegetation or ground cover alteration shall be limited to the removal of vegetation debris and pruning of shrubs and ground cover, with supervision by an ISA certified arborist or ASCA certified consultant. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored with native ground cover.

c. A notice shall be posted on the site by the property owner or owner’s agent indicating that site investigative work is being conducted.

d. No site investigative work shall commence without first notifying the Administrator. (Ord. 5976, 8-3-2020; Ord. 5676, 12-3-2012)

9. Minor Tree Removal Activities: Removal of up to two (2) significant trees within a one-year period, but no more than five (5) significant trees within a five (5) year period, provided the removal is conducted in accordance with the following requirements:

a. There is no active land development permit, as defined in RMC 4-11-120, Definitions L, or submitted application for said permit, for the subject site;

b. The tree proposed for removal is not a protected tree or a landmark tree, as defined in RMC 4-11-200, Definitions T;

c. The tree proposed for removal is not located within ten feet (10') of a surface parking lot with ten (10) or more parking spaces;

d. The tree proposed for removal is not one of the only two (2) significant trees remaining on the lot, unless identified as a high-risk tree, consistent with subsection C2 of this Section; and

e. In conducting minor tree removal activities, rights-of-way shall remain unobstructed unless a right-of-way use permit is obtained.

10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C9 of this Section, Minor Tree Removal Activities, and subsection D3 of this Section, Restrictions for Critical Areas – General, is permitted for purposes of landscaping or gardening.

11. Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved operational mining and quarrying activities.

12. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Rights-of-Way or Easements: Within existing improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding, or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Restoration of disturbed areas shall be completed.

13. Land Development Permit Required: Tree removal authorized by a land development permit. (Ord. 5650, 12-12-2011)

D. PROHIBITED ACTIVITIES:

1. Tree Removal in Advance of Issuance of Land Development Permit: There shall be no tree removal or land clearing on any site for the sake of preparing that site for future development unless a land development permit, as defined in RMC 4-11-120, Definitions L, has been approved by the City for the subject site. (Ord. 5450, 3-2-2009)

2. Tree Removal or Vegetation Management Without the Required Permit:

a. Tree removal in excess of the limits established in subsection C9 of this Section, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted.

b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited.

c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted.

3. Restrictions for Critical Areas – General: Unless exempted by critical areas, RMC 4-3-050C, or Shoreline Master Program Regulations, RMC 4-3-090, no tree removal, or land clearing, or ground cover management is permitted:

a. On portions of property with:

i. Critical areas, pursuant to RMC 4-3-050B, Applicability; and

ii. Buffers associated with shorelines of the State, pursuant to RMC 4-3-090, Shoreline Master Program Regulations. Allowed tree removal and vegetation management activities within the shoreline buffer can be found in RMC 4-3-090F1i, Vegetation Management. (Ord. 5976, 8-3-2020)

b. On protected slopes except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050; or

c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050.

4. Restrictions for Native Growth Protection Areas: Tree removal or land clearing shall not be permitted within a native growth protection area except as provided in RMC 4-3-050G3, Native Growth Protection Areas. (Ord. 5976, 8-3-2020; Ord. 5650, 12-12-2011)

5. Tree Topping: Tree topping shall be prohibited unless the City has approved the tree for removal.

E. REVIEW AUTHORITY:

1. Authority and Interpretation: The Community and Economic Development Administrator is authorized and directed to interpret and enforce all the provisions of this Section when no other permit or approval requires Hearing Examiner review. The Administrator may require retention above the minimum standards, to require phasing of tree retention plans, or to require any other measures to meet the purpose of this Section.

2. Independent Secondary Review: The Administrator may require independent review of any arborist report or tree retention/land clearing (tree inventory) plan that involves tree removal and land clearing at the City’s discretion. The independent secondary review would include an evaluation by an independent qualified professional regarding the applicant’s or arborist’s analysis of any proposed removal, retention, mitigation, or replacement measures, and may include recommendations as appropriate. This review shall be paid for by the applicant, and the City shall select the third-party review professional. (Ord. 5676, 12-3-2012)

F. PERMITS REQUIRED:

1. Land Development Permit Required for Site Preparation: An approved land development permit, as defined in RMC 4-11-120, Definitions L, is required in order to conduct tree removal or land clearing on any site for the sake of preparing that site for future development.

2. Routine Vegetation Management Permit Required for the Following Activities:

a. Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management, as defined in RMC 4-11-180, Definitions R, on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work.

b. Tree Removal in Excess of Maximum Allowance: A routine vegetation management permit shall be required for tree cutting in greater amounts than specified under subsection C9 of this Section, Minor Tree Removal Activities, where tree cutting is proposed without an associated land development permit. Any tree cutting activities shall be the minimum necessary to accomplish the intended purpose, and shall be consistent with subsection D3 of this Section, Restrictions for Critical Areas – General. Trees removed in excess of the maximum amount allowed under subsection C9 of this Section, Minor Tree Removal Activities, shall be subject to RMC 4-4-130H1e, Replacement Requirements, unless determined by the Administrator to be unfeasible in the specific case.

c. Removal of Landmark Tree: A land development permit or routine vegetation management permit shall be required for the removal of a landmark tree, as defined by RMC 4-11-200, Definitions T, from any property. Replacement trees are required if the minimum tree credit requirement for the subject property is not maintained upon removal of the landmark tree pursuant to subsection H1b of this Section. Removal of a landmark tree may be granted for situations where:

i. The tree is determined to be a high-risk tree; or

ii. The tree is causing obvious physical damage to buildings (over two hundred (200) square feet), driveways, parking lots, or utilities, and it can be demonstrated to the Administrator’s satisfaction that no reasonable alternatives to tree removal exist, including tree root pruning, tree root barriers, tree cabling, or preventive maintenance, such as cleaning leaf debris, deadwood removal, or directional/clearance pruning; or

iii. Removal of tree(s) to provide solar access to buildings incorporating active solar devices. Windows are solar devices only when they are south-facing and include special storage elements to distribute heat energy; or

iv. The Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title.

3. Conditional Use Permit Required for Timber Stand Thinning: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing thinning beyond the limits allowed in subsection C9 of this Section, Minor Tree Removal Activities, shall be considered as a conditional use permit by the Hearing Examiner according to the following criteria:

a. Appropriate approvals have been sought and obtained with the Washington State Department of Natural Resources; and

b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and

c. The activity shall meet the provisions of subsections H5, Applicability, Performance Standards and Alternates, and H6, General Review Criteria, of this Section; and

d. Thinning activities shall conform to the basal area density recommendations of the Washington State Department of Natural Resources, but shall not reduce the volume of tree canopy by more than forty percent (40%); and

e. A tree retention/land clearing (tree inventory) plan, as defined in RMC 4-8-120D20, Definitions T, shall be required. (Ord. 5650, 12-12-2011)

G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:

Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits.

H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT PERMITS:

1. Protected Trees: Trees required to be retained or planted pursuant to this subsection H1 are considered protected trees, as defined in RMC 4-11-200, Definitions T. Protected trees shall be retained or planted as follows:

a. Minimum Tree Retention Requirements: Properties subject to an active land development permit shall retain a minimum of thirty percent (30%) of all significant trees on site.

b. Tree Credit Requirements: With the exception of interior remodels not involving any building addition, removal of trees, or alteration of impervious areas, properties subject to an active land development permit shall comply with all of the following minimum tree credit requirements, and apply the tree credit value table in subsection H1bv of this Section:

i. Tree credit requirements shall apply at a minimum rate of thirty (30) credits per net acre.

ii. Either tree retention or a combination of tree retention and supplemental tree planting (with new small, medium, or large tree species) shall be provided to meet or exceed the minimum tree credits required for the site.

iii. Supplemental tree planting shall consist of new small, medium, or large species trees, as defined in RMC 4-11-200, Definitions T. The supplemental trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed supplemental trees.

iv. Within subdivisions, location of supplemental tree replanting shall be prioritized within tree tract(s) versus individual lots.

v. Tree credit value for each tree, existing or new, is assigned as shown in the following table:

TREE SIZE	TREE CREDITS
New small species tree	0.25
New medium species tree	1
New large species tree	2
Preserved tree 6 – 9 caliper inches	4
Preserved tree 10 – 12 caliper inches	5
Preserved tree 12 – 15 caliper inches	6
Preserved tree 16 – 18 caliper inches	7
Preserved tree 19 – 21 caliper inches	8
Preserved tree 22 – 24 caliper inches	9
Preserved tree 25 – 28 caliper inches	10
Preserved tree 29 – 32 caliper inches	11
Preserved tree 33 – 36 caliper inches	12
Preserved tree 37 caliper inches and greater	13
Example: A 0.22 net acre (9,583.2 square feet) lot would need seven (7) tree credits (30 x 0.22 = 6.6, rounded up to 7). The tree credit requirements for the lot could be met by retaining one existing seventeen-inch (17") tree (seven (7) tree credits) or by planting three (3) new large species trees (two (2) tree credits each) and one new medium species tree (one tree credit).

c. Priority of Tree Retention Requirements: All significant trees required to be retained shall be preserved in the priority order listed below, with Priority One trees being the highest priority. Applications that propose retention of lower priority trees in lieu of Priority One trees must demonstrate in writing to the Administrator’s satisfaction that: (i) all reasonable efforts have been taken to preserve trees utilizing the highest priority possible, (ii) that retention of higher priority trees is not feasible or practical for the project site, and (iii) that the project proposal meets or exceeds the purposes and intent of this Section. Significant trees shall be retained in the following priority order:

Priority One	i.	Landmark trees;
	ii.	Significant trees that form a continuous canopy;
	iii.	Significant trees on slopes greater than twenty percent (20%);
	iv.	Significant trees adjacent to critical areas and their associated buffers;
	v.	Significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper; and
	vi.	Trees that shelter interior trees or trees on abutting properties from strong winds, which could otherwise allow such sheltered trees to be blown down if removed.
Priority Two	i.	Healthy tree groupings whose associated undergrowth can be preserved;
	ii.	Other significant native evergreen or deciduous trees; and
	iii.	Other significant non-native trees.
Priority Three	Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer.

d. Calculating Tree Retention: Tree retention standards shall be applied to the developable area, as defined in RMC 4-11-040, Definitions D, of a property. Land within public trails shall be excluded for calculation of tree retention provided the trail design serves to retain Priority One trees, pursuant to subsection H1c of this Section. If the number of trees required for compliance with minimum tree retention or minimum tree credit requirements includes a fraction of a tree, any amount equal to or greater than one-half (1/2) tree shall be rounded up.

e. Replacement Requirements: The Administrator may authorize the planting of replacement trees, as an alternative to retaining trees in conformance with subsection H1a of this Section, provided it can be demonstrated to the Administrator’s satisfaction that an insufficient number of trees can be retained, the proposed removal and replacement is the minimum necessary to accomplish the desired purpose, and the tree replacement complies with the following:

i. Replacement Criteria: Replacement planting in lieu of minimum tree retention may be granted for situations where:

(a) There are special circumstances related to the size, shape, topography, location, or surroundings of the subject property; or

(b) The strict application of the code would prevent reasonable use of property; or

(c) The strict application of the code would prevent compliance with minimum density requirements of the zone; or

(d) The project is a short plat with four (4) or fewer lots.

ii. Replacement Quantity and Standards: When the minimum number of protected trees cannot be retained, replacement trees with at least a two-inch (2") caliper, or evergreen trees at least six feet (6') tall, shall be planted based on the tree credit value of each protected tree removed pursuant to the table shown in subsection H1b of this Section. The protected trees used for calculating required credit replacement shall be determined based on the priority order of the significant trees proposed for removal on site. Replacement trees shall not contribute to the total credits required pursuant to subsection H1b of this Section. The City may require a surety or bond to ensure the survival of replacement trees.

iii. Replacement Tree Species: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees.

f. Fee in Lieu: When the Administrator determines that it is infeasible to replace or supplement trees on the site, payment into the City’s Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees.

2. Tree Retention Within Subdivisions: Tree retention within subdivisions shall be conducted in accordance with the following requirements:

a. Tree Preservation Priority: All trees required to be retained within a subdivision shall be preserved in the priority order listed below, with Tier 1 being the highest priority. Applications that propose compliance with a lower priority tier, or a combination of tiers, must demonstrate in writing to the Administrator’s satisfaction that: (i) all reasonable efforts have been taken to preserve trees utilizing the highest priority tier possible, (ii) that compliance with a higher tier is not feasible or practical for the project site, and (iii) that the project proposal meets or exceeds the purposes and intent of this Section. Tree preservation shall be prioritized as follows:

i. Tier 1 – Tree Protection Tract. Protection of trees or groves by placement within a dedicated tract.

ii. Tier 2 – Tree Protection Easement or Restrictive Covenant. Protection of trees or groves by recordation of a permanent tree protection easement (for groves of trees) or a restrictive covenant (for individual trees).

iii. Tier 3 – Retention and Mitigation. Retention and removal of trees, with subsequent mitigation by replanting.

iv. Tier 4 – Fee in Lieu of Planting. Fee in lieu of planting pursuant to subsection H1f of this Section.

b. Tree Protection Tract and Easement Standards:

i. Tree protection tracts and easements should consist of an aggregation of trees occupying a specific area and sufficiently uniform in species composition, size, age, arrangement, and condition as to be distinguished from adjoining areas;

ii. Trees shall be retained and maintained pursuant to the recommendations of an ISA certified arborist or ASCA certified consultant;

iii. Amenities, as approved by the Administrator, may be installed to facilitate passive recreation within the tract or easement. Such amenities might include, but are not limited to, benches, picnic tables, and soft surface (semi-permeable) trails.

c. Replacement and Supplemental Planting Locations: The planting of all replacement trees or supplemental trees shall be prioritized within tree protection tract(s) or tree protection easement(s), when applicable, to the maximum extent feasible to provide for adequate tree growth and heath.

d. Deed Restriction: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any tree protection tract or easement created as a condition of a permit. Such deed restriction(s) shall prohibit development, alteration, or disturbance within the tract or easement except for purposes of installing Administrator-approved amenities, or habitat enhancement activities as part of an enhancement project, which has received prior written approval from the City. A covenant shall be placed on any tract restricting its separate sale.

e. Fencing: The City shall require permanent fencing of the tree protection tract or easement. This shall be accomplished by installing a wood, split-rail fence with applicable signage. The Administrator may approve pedestrian-sized openings for the purpose of facilitating passive recreation within the tract for the benefit of the community. The Administrator may authorize alternate styles and/or materials for the required fencing.

f. Signage Required: The common boundary between a tree protection tract and the abutting land must be permanently identified. This identification shall include permanent wood or metal signs on treated wood, or metal posts. Sign locations and size specifications are subject to City review for approval. Suggested wording is as follows: “Protection of these trees is in your care. Alteration or disturbance is prohibited by law.”

g. Responsibility for Ownership and Maintenance: The relevant homeowners’ association, abutting lot owners, the permit applicant or designee, or other City approved entity shall have ownership and responsibility for maintaining the tree protection tract(s), easement(s), and protected trees.

h. Maintenance Covenant and Note Required: The following note shall appear on the face of all plats, short plats, PUDs, or other approved site plans containing at least one tree protection tract or easement, and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: “MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action are responsible for maintenance and protection of the tree protection tract/easement. Maintenance includes ensuring that no alterations occur within the tract/easement and that all vegetation remains undisturbed unless the express written authorization of the City has been received.”

3. Tree Retention/Land Clearing (Tree Inventory) Plan Required: When a land development permit, as defined in RMC 4-11-120, is submitted to the City it shall be accompanied by a tree retention/land clearing (tree inventory) plan pursuant to RMC 4-8-120, Submittal Requirements – Specific to Application Type.

4. Arborist Report Required: When a land development permit, as defined in RMC 4-11-120, is submitted to the City it shall be accompanied by an arborist report pursuant to RMC 4-8-120, Submittal Requirements – Specific to Application Type.

5. Applicability, Performance Standards, and Alternates: All land clearing and tree removal activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology, or forest management plan and where the alternate procedures will be equal to or superior in achieving the purposes of this Section. All land clearing and tree removal activities may be conditioned to ensure that the standards, criteria, and purposes of this Section are met.

6. General Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet the following criteria:

a. The land clearing and tree removal will not create or contribute to landslides, accelerated soil creep, settlement or subsidence, flooding, erosion, or increased turbidity, siltation, or other form of pollution in a watercourse.

b. Land clearing and tree removal will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code.

c. Land clearing and tree removal shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build-out schedule and including any necessary erosion control measures.

d. Land clearing and tree removal shall be consistent with subsection D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Areas Regulations.

e. The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown, pest infestation, disease, or other problems that may result from selectively removing trees and other vegetation from a lot.

f. Land clearing and tree removal shall be conducted to maximize the preservation of any tree in good health that is an outstanding specimen because of its size, form, shape, age, color, rarity, or other distinction as a community landmark. (Ord. 5840, 6-12-2017)

7. Timing: The City may restrict the timing of the land clearing and tree removal activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment.

8. Restrictions for Critical Areas: See subsection D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Areas Regulations.

9. Condition Measures for Tree/Ground Cover Retention: The following measures may be used in conditioning a land development permit or building permit proposal, to comply with the general review criteria of subsection H6 of this Section, General Review Criteria:

a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. Modification of the tree retention and land clearing plan, or the associated land development permit, may be required to ensure the retention of the maximum number of trees.

b. The applicant may be required to replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section.

c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. (Ord. 5676, 12-3-2012)

10. Protection Measures During Construction: Protection measures in this subsection shall apply for all trees that are to be retained on site and off site. Off-site trees containing drip lines that encroach onto the site under construction shall be considered protected trees unless the applicant obtains written permission from the abutting property owner to remove the off-site trees and it is determined that the tree removal on the abutting property is in compliance with subsection C of this Section, Allowed Tree Removal Activities. All of the following tree protection measures shall apply:

a. Temporary Tree Protection Fencing: Prior to development activities, the applicant shall erect and maintain a six-foot (6') high, post-driven, chain-link temporary construction fence around the drip lines of all retained trees, or if a tree protection tract or easement is provided, along the perimeter of the tree protection tract or easement. The temporary tree protection fencing shall be installed with steel posts driven at a depth that will adequately ensure the fence remains in an upright position for the duration of the development. The temporary tree protection fencing shall not be disturbed, removed, or relocated until the conclusion of construction activities. Protected trees may be fenced individually or in groups of trees. Individual trees shall be fenced on four (4) sides. If some tree or vegetation removal is necessary in order to gain access to retained trees for the purposes of installing temporary tree protection fencing, the applicant shall submit a phased tree removal plan for review and approval by the Administrator, prior to all development activities.

b. Tree Protection Signage: Signage shall be placed on the tree protection fencing at intervals of no more than twenty feet (20') along the entirety of the protective tree fence. The sign(s) shall be designed, constructed, and installed in accordance with official specifications provided by the Administrator and shall convey the information deemed necessary by the Administrator.

c. Construction Storage Prohibited: The applicant may not fill, excavate, stack, or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, or compact the earth in any way within the area defined by the drip line of any tree to be retained.

d. Protection From Grade Changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree drip line.

e. Impervious Surfaces Prohibited Within the Drip Line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained, unless otherwise approved by the City. (Ord. 5958, 12-9-2019)

f. Utilities Prohibited Within the Drip Line: The applicant may not install utilities within the area defined by the drip line of any tree to be retained, unless otherwise approved by the City.

g. Restrictions on Grading Within the Drip Lines of Retained Trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, or (ii) an area around the tree equal to one and one-half feet (1-1/2') in diameter for each one inch (1") of tree caliper. A larger tree protection zone based on tree size, species, soil, or other conditions may be required. (Ord. 5676, 12-3-2012)

h. Vegetation and Undergrowth Protection: With the exception of invasive species removal which has received prior written approval from the City, removal of the existing vegetation within the drip line of protected trees is prohibited during development activities. Native understory trees, shrubs, and other vegetation shall be protected within the designated tree protection area for the duration of the development activities. All areas within the required fencing shall be covered evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing, except in areas where mulch will adversely affect protected ground cover plants. (Ord. 5676, 12-3-2012)

i. Monitoring Required During Construction: For all protected trees required to be retained in compliance with a land use decision, the applicant shall retain an ISA certified arborist or ASCA certified consultant to ensure trees are protected from development activities and/or to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover that are to be retained. The ISA certified arborist or ASCA certified consultant shall supervise the installation of any required tree protection fencing, permanent or temporary.

j. Alternative Protection: Alternative safeguards may be used if determined by the Administrator that such safeguards would provide equal or greater tree protection. (Ord. 5676, 12-3-2012; Ord. 5841, 6-12-2017)

11. Maintenance:

a. All retained and replacement trees, including protected trees, shall be maintained in perpetuity from the date of the final land development permit issued for the project, unless tree removal is authorized pursuant to this Section;

b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure;

c. With the exception of high-risk trees specifically retained to provide wildlife habitat, any protected tree that becomes a high-risk tree, as defined in RMC 4-11-200, or any protected or replacement tree that is removed, shall be replaced within three (3) months or during the next planting season if the loss does not occur in a planting season.

I. RESERVED. (Ord. 5981, 10-12-2020)

J. VIOLATIONS AND PENALTIES:

1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accordance with chapter 1-10 RMC, Code Enforcement. In a prosecution under this Section, each tree removed, damaged, or destroyed will constitute a separate violation, and each tree protection fence (required pursuant to subsection H10 of this Section) removed, damaged, fallen, or relocated in violation of the provisions of this Section, will constitute a separate violation. Prosecution of any violation(s) of this Section shall be in accordance with RMC 1-10-7, Failure to Comply, and any other applicable terms of the Renton Municipal Code. (Ord. 6034, 11-15-2021)

2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation.

3. Ground Cover Restoration: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City.

4. Tree Removal Mitigation: Tree replacement and mitigation shall be conducted in accordance with the following requirements:

a. Tree Mitigation Fee: Upon determination that a tree, vegetation, or tree protection fencing has been removed or altered in violation of a land development permit or in violation of this Section, the Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsections J4c and J4e of this Section, for the equivalent credit value of the tree(s) removed.

b. Tree Violation Measurement: For the purposes of code enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist or ASCA certified consultant was completed within one year of the date of violation.

c. Tree Replacement Quantity: For each tree that was improperly cut and/or removed in violation of this Section, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to the table shown in subsection H1b of this Section.

d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees.

e. Tree Replacement Fee in Lieu: If the Administrator determines that it is infeasible to replace trees on the site, payment into the City’s Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees.

f. Applicability: Protected and retained trees that are removed in violation of a land development permit shall have the drip lines maintained in perpetuity as protected tree drip lines, as defined in RMC 4-11-040, Definitions D. No impervious surface, obstructions, or structures are permitted within a protected tree drip line. Tree replacement planting shall be prioritized within the protected tree drip line to the maximum extent feasible for optimal health of the replacement trees.

5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to code enforcement and penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-27-2000; Ord. 4963, 5-13-2002; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005; Ord. 5304, 9-17-2007; Ord. 5748, 1-12-2015; Ord. 6076, 8-8-2022)