Chapter 12.25
TREES
Sections:
12.25.030 Public tree planting by private parties on public property and rights-of-way.
12.25.040 Public tree pruning and maintenance.
12.25.050 Public tree removal by private party.
12.25.070 Trees on private property that affect public property or rights-of-way.
12.25.080 Damage to public trees.
12.25.010 Purpose.
Sequim, Washington, is a Tree City designated by Tree City USA, a nationwide program of the Arbor Day Foundation. The city’s parks, arbor, and recreation board (PARB), established under Chapter 2.62 SMC, includes among its duties advising the public works department regarding the Tree City program.
The purpose of this chapter is to meet the requirements for Tree City status, provide for the planting, maintenance, and enhancement of trees, shrubs, and bushes located on public property including parks and rights-of-way, to preserve legacy trees, and to secure the benefits conferred by a prudently managed urban forest. Specific purposes include:
A. Encourage appropriate planting of new public trees, shrubs, and bushes in public parks, rights-of-way, and other public lands.
B. Maintain existing public trees, shrubs, and bushes in a healthy and nonhazardous condition through good arboricultural practices to ensure they do not present a risk to the public or damage public or private infrastructure such as streets, sidewalks, sewer and water pipes, conduit, and other subsurface elements.
C. Manage public trees, shrubs, and bushes on public property and in the public right-of-way in a manner that represents the best interests of the public, including without limitation the aesthetic quality of the community, improvement of air and water quality, climate change mitigation, habitat enhancement, reduced stormwater runoff, and soil erosion prevention.
D. Encourage a diversity of appropriate species of trees, shrubs, and bushes within the city rights-of-way and properties. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.020 Definitions.
“Appropriate tree” means a species of tree from the city’s appropriate trees list, with appropriate tree planting specifications followed (e.g., Engineering Standard Figures 4-00 and 4-29 as may be amended) which is suited at maturity for the space it occupies without creating a risk to public health and safety. The city’s appropriate tree list includes species of all trees, bushes, and shrubs approved for planting in public areas and rights-of-way.
“Hazardous tree” means any tree with a combination of structural defect and/or disease that makes it subject to a high probability of failure and/or a proximity to persons or property which makes it an imminent threat.
“Legacy tree” means a tree designated by city council resolution as significant because of its association with historic figures or events, rarity, or extraordinary aesthetic value.
PARB or Parks, Arbor, and Recreation Board. See Chapter 2.62 SMC.
“Park tree” means trees, bushes, and shrubs growing on property owned in fee-simple by the city of Sequim.
“Public tree” means a tree, shrub, bush, and/or other woody plant on public land or within public rights-of-way or public parks, or upon the grounds of city buildings and facilities, or otherwise located upon public property in the city of Sequim.
“Street tree” means trees, bushes, and shrubs growing within the city’s rights-of-way whether planted by the city or by a private party. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.030 Public tree planting by private parties on public property and rights-of-way.
Private parties may plant trees, shrubs, or bushes on public property or in public rights-of-way only with the prior written permission of the public works department. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.040 Public tree pruning and maintenance.
A. Private parties may prune and/or maintain public trees, shrubs, and bushes only with prior written permission from the public works department. Pruning must be performed by a professional arborist at the sole expense of the private party asking to prune or maintain the public tree, shrub, or bush.
B. The city has the right to plant, prune, maintain, and remove any trees, shrubs, or bushes on public land or within a public right-of-way or public park, or upon the grounds of city buildings and facilities, or otherwise located upon public property in the city of Sequim as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
C. The city may recommend removal or cause or order to be removed any tree, bush, or shrub, or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, power lines, water lines, or other public improvements, restricts sight distance, or is affected by any injurious fungus, insect or other pest.
D. Topping of public trees is prohibited. Climbing spurs may be used to climb a public tree only if the tree has received approval from the public works department to be removed.
E. The city may prune, spray, or otherwise maintain public trees in order to control infestations of insects or disease or to maintain public safety. Private parties may with written permission from the public works department hire a professional pest controller to spray street trees adjacent to their property. Pesticide use is not allowed within 150 feet of delineated wetlands per Chapter 18.80 SMC. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.050 Public tree removal by private party.
No public tree, shrub, or bush can be cut down, killed, or removed for any reason by a private party without prior written permission from the public works department. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.060 Legacy trees.
A. The city may maintain a registry of trees designated as legacy trees because of their association with historic figures or events, their rarity, or their extraordinary aesthetic value.
B. Nominations for designation of legacy trees may be submitted to the city council by members of the public, city staff, or city boards. Nominations must first be reviewed by the PARB, which will prepare a written recommendation for council consideration. The city council will review the nomination and PARB recommendation and determine whether to designate a tree as a legacy tree by resolution. Resolutions must contain sufficient information to identify the specific tree or trees.
C. No tree will be designated as a legacy tree within any street right-of-way.
D. After designation as a legacy tree, the tree may not be removed unless the city council makes at least one of the following findings:
1. The tree is dead or diseased and poses a risk to public safety.
2. After consideration of potential alterations to the project to preserve the tree, there is no feasible alternative to accomplishing a public project without removal of the tree.
3. The tree is causing damage to public streets, rights-of-way, parks, buildings, or facilities, or other public property in the city of Sequim that cannot be corrected without removal of the tree.
4. There are other facts the city council deems of greater public value that justify removal of the tree. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.070 Trees on private property that affect public property or rights-of-way.
Owners of trees, bushes, and shrubs overhanging any public street, right-of-way, park, or the grounds of city buildings and facilities, or otherwise located adjacent to public property in the city of Sequim, must prune the branches so that they do not obstruct the light from any streetlight, do not obstruct the view of any intersection, and allow for a clear space of at least seven feet above the surface of the street or sidewalk. Sight distance requirements must be met per Chapters 8.04 and 18.44 SMC. Owners of such trees, bushes, and shrubs must also comply with any applicable standards of the Washington State Department of Transportation, American Association of State Highway Transportation Officials, and Americans with Disabilities Act related to the effect of those plants upon adjacent public property. Owners must remove all dead, diseased, or hazardous trees or broken or decayed limbs which constitute a risk to public safety. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.080 Damage to public trees.
Any person removing, damaging, or deforming a public tree, bush, or shrub is liable to the city for the cost of replacement of the tree, including the cost of nursery stock as close in size to the damaged or deformed tree as is feasible and the city’s costs for soil preparation, planting, and actual or estimated costs of establishment. (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.090 Enforcement.
Violations of this chapter are enforced pursuant to Chapter 1.13 SMC (Code Enforcement). (Ord. 2023-011 § 1 (Exh. A); Ord. 2016-018 § 1 (Exh. A))
12.25.100 Appeals.
Any appeal of a city decision or action taken pursuant to this chapter may be directed to the hearing examiner in accordance with Chapter 2.10 SMC. (Ord. 2023-011 § 1 (Exh. A))