1. Protection and maintenance. To provide for the protection and proper maintenance of historical trees, to minimize disturbance to the trees, and to prevent other environmental damage from erosion or destruction of wildlife habitat;

2. Health, safety, welfare. To protect the health, safety and general welfare of the public;

3. Goals and objectives. To implement the goals and objectives of the city’s Urban Forest Management Plan.

1. Nomination. A tree may be nominated for historical tree status by the property owner, a neighborhood organization, or any person by submitting a map, a photograph, and a narrative description including the location, species, approximate age, and the characteristics on which the nomination is based;

2. Review. The director, upon receipt of a nomination, shall review the nomination and confer with the city tree protection professional and other city staff as may be appropriate. Notice of the nomination shall be mailed to the property owner and shall be posted by the city on the subject site for a period of ten days. The director shall inspect the tree, consider public comments, and decide in each case whether or not the tree is to be designated a historical tree. The city shall place each designated historical tree on the historical tree register. In the event the owner of the tree does not approve of its designation as a historical tree, the nomination will be disapproved;

3. Notification of the director’s decision. Notice of the director’s decision shall be mailed to the property owner and shall be posted by the city on the subject site for a period of ten days;

4. Appeal. Any person may appeal the director’s decision to the hearings examiner pursuant to section 1D of the City of Lacey Development Guidelines and Public Works Standards;

5. Notification of registration. Each property owner who has one or more registered historical trees shall be notified by first class mail of the designation within thirty days of designation;

6. Recording of historical tree covenant. Each property owner who has one or more registered historical trees shall execute a historical tree covenant in a form agreeable to the city. The historical tree covenant shall require that the tree be maintained in a manner which is consistent with the provisions of this chapter. The historical tree covenant shall be recorded by the county auditor. Recording fees shall be paid by the applicant;

7. Duration of covenant. The historical tree covenant shall be effective from the date of recording until such a time that a tree removal permit has been issued by the director pursuant to this section;

8. Education benefits. From time to time the city may prepare public information programs on historical trees and provide qualified professional tree care advice to owners of the historical trees;

1. Permit Required. No historical tree shall be removed without first applying for and receiving a land clearing permit. The applicant for the permit shall be the property owner or the city. An application for a tree removal permit shall be submitted on a form provided by the city. The applicant must state the justification for removal on the tree removal application;

2. Review. If justification for removal is based upon health of the tree, and a visual inspection by the director cannot establish that the tree is dead, diseased, or hazardous, the applicant shall pay for the city tree protection professional to make a determination. If it is determined by the tree protection professional that the tree is dead, diseased, or otherwise hazardous and cannot be saved, the director may approve the removal. If the tree is determined to be healthy, or with treatable infestation or infection, the director may deny the permit.

If justification is due to reasons other than health of the tree, the director shall confer with other city personnel as may be appropriate in evaluating the justification and make a decision pursuant to the procedures and requirements of section 1E.030 (Limited Administrative Review of Applications) of the Development Guidelines and Public Works Standards;

3. Notification. If the director decides that a permit is justified, notice of the director’s decision shall be mailed to the applicant, all parties of record, and posted by the city on the subject site for a period of ten days, during which no work shall commence. No work shall commence during the notice periods or when appeals are pending disposition;

4. Appeal. The property owner or any person residing or owning property within three hundred feet of the tree may appeal the director’s decision to the hearings examiner pursuant to section 1D of the City of Lacey Development Guidelines and Public Works Standards;

5. Permit for tree removal timing. Any tree removal permit granted under this chapter shall be valid for one year. In addition to the permit, the property owner will execute a revocation of covenant in a form agreeable to the city. The revocation of covenant shall be recorded by the county auditor. Recording fees shall be paid by the property owner. (Ord. 1650 §17, 2023; Ord. 1269 §19, 2006).