D.C. Mun. Regs. tit. 24, r. 24-3701

Current through Register 71, No. 45, November 7, 2024

Rule 24-3701 - PERMIT APPLICATION PROCEDURES FOR A SPECIAL TREE REMOVAL PERMIT

3701.1

A permit application for a Special Tree Removal Permit shall be signed by the owner of the property on which the Special Tree is located and submitted to the Urban Forestry Administration on a form provided by the Urban Forestry Administration. The permit application shall be submitted at least fifteen (15) business days prior to the day that removal of the Special Tree is desired.

3701.2

In addition to such other information as the Urban Forestry Administration may request, the permit application for a Special Tree Removal Permit shall state the address of the property on which the Special Tree is located.

3701.3

If Special Tree removal is sought, in whole or in part, based upon a promise to plant replacement trees pursuant to § 3701.7(b), and the replacement trees will not be planted on the property where the Special Tree is located, the permit application shall contain the following:

(a) The address of the Private Property where the replacement trees will be planted;

(b) A statement, signed by the owner of the Private Property on which the replacement trees will be planted, on behalf of the present owners and all future owners of the Private Property, that upon issuance of the Special Tree Removal Permit, the owner of the Private Property on which the replacement trees are to be planted shall:

(1) Plant and maintain, or permit the permittee to plant and maintain, the replacement trees in accordance with §§ 3702.2(a) -(e);

(2) Allow an inspector of the Urban Forestry Administration reasonable access to the Private Property for twelve (12) months following the planting of the replacement trees in accordance with § 3702.2(h);

(3) Comply with all other applicable requirements of this chapter and the terms of the Special Tree Removal Permit, including, but not limited to, § 3702.2(f); and

(4) Be subject to the imposition of fines, penalties, and fees for any violation of §§ 3701.3(b)(1) -(3).

3701.4

As part of the permit application for a Special Tree Removal Permit, the applicant shall agree to permit an arborist from the Urban Forestry Administration to inspect the proposed Special Tree removal site. The inspection shall occur during the Urban Forestry Administration's normal business hours and prior to issuance of a Special Tree Removal Permit.

3701.5

If an International Society of Arboriculture certified arborist or an Urban Forestry Administration arborist determines that the Special Tree to be removed is a Hazardous Tree or is a tree that has been identified pursuant to § 3701.9 as appropriate for removal, a Special Tree Removal Permit shall be issued. A Special Tree Removal Permit issued pursuant to this subsection shall not be suspended or revoked based upon a third party's allegation that the arborist certification was in error.

3701.6

If the applicant elects on the permit application to have an Urban Forestry Administration arborist make the determination set forth in § 3701.5 and the arborist fails to make a determination within forty (40) days after the permit application is submitted, a Special Tree Removal Permit shall be issued.

3701.7

If an International Society of Arboriculture certified arborist or an Urban Forestry Administration arborist determines that the tree to be removed is not a Hazardous Tree and is not a tree that has been identified in § 3701.9, or if the applicant stipulates as to both on the permit application, no Special Tree Removal Permit shall be issued until the applicant:

(a) Pays into the Tree Fund a tree replacement fee equivalent to thirty-five dollars ($35) per inch of circumference of each Special Tree that is to be removed;

(b) Avers on the permit application for a Special Tree Removal Permit to plant, on Private Property located within the District, as identified on the permit application, and in accordance with §§ 3702.2(a) -(e), a quantity of saplings whose aggregated circumference equals or exceeds the circumference of the Special Tree(s) to be removed; or

(c) A combination of (a) and (b) so as to account for the circumference of the Special Tree(s) removed.

3701.8

The authority to remove a Special Tree as granted by a Special Tree Removal Permit shall be valid for one hundred eighty (180) calendar days after the date of issuance of a Special Tree Removal Permit.

3701.9

Tree species appropriate for removal are:

(a) Ailanthus altissima (common name-Ailanthus);

(b) Morus species (common name-Mulberry); and

(c) Acer platanoides (common name-Norway maple).

D.C. Mun. Regs. tit. 24, r. 24-3701

Final Rulemaking published at 52 DCR 546 (January 21, 2005)