Touch briefly on developing a private. Identify key elements that make a private property tree ordinance effective

Transcription

1 The Next Frontier: Private Property Tree Ordinances 2009 SMA Conference Ainsley Caldwell

2 This presentation will Touch briefly on developing a private property tree ordinance Identify key elements that make a private property tree ordinance effective Present a case study of Atlanta s Tree Ordinance pertaining to private property trees

3 "I am still fascinated with the law, by those who abuse and manipulate it, those who are chosen to interpret it, and especially by those people who are forced to deal with it, for better or worse. John Grisham s novel, A Time To Kill

4 Global l Perspective and Overview The Urban Forest consists of trees on both private and public space The long-term goal of Urban Forest management is sustainability All healthy forests change over time

5 Survey How many of you are from towns/cities that have private property p tree ordinances? How many of you plan to develop a private property tree ordinance within the next year?

6 Why have private property p tree ordinances? Improve air quality Storm water management Improve water quality Shading and cooling Human health benefits Increased property values Wildlife habitats

7 Private property rights vs. Public Good A private property tree ordinance may be seen as a taking A taking is an action by a government depriving a person of private property without the payment of just compensation.

8 Public Good In economics, a public good means that consumption of the good by one individual does not reduce availability of the good for consumption by others; and that no one can be effectively excluded d from using the good.

9 Trees ARE a Public Good A Public Good outweighs the rights of any one private individual Improve air and water quality Shading and cooling Human health benefits Increased property values, etc

10 Who Pays? Who pays if the city/county prevents a property owner from removing a tree and then said tree causes property damage or worse yet, injures or kill someone? Who pays?

11 Developing a Tree Ordinance Form a core group, no more than 15 Research your state s ordinances that impact private property p rights Research PP tree ordinances in your state Research PP tree ordinances nationwide

12 Developing a Tree Ordinance, cnt d Develop 1st draft Solicit volunteers With compromise and consensus develop 1st final draft Clearly state the benefits that will accrue to the average resident

13 Developing a Tree Ordinance, cnt d Circulate final draft widely Request written comments Hold public forums Meet with elected officials who will vote on ordinance

14 Common components of a strong tree ordinance Fair Equitable enforcement Clear and unambiguous language Enforceable, yet flexible (multiple l ways to achieve goals)

15 Common components of a strong Definitions Authority Purpose and Intent Enforcement Penalties Appeal rights tree ordinance Permitted tree related activities

16 Common components of a strong tree ordinance, cnt d Emergency provisions Dedicated funding Maintenance Exemptions Standards for tree replacement

17 How do you measure effectiveness? Is the tree ordinance working? Trees preserved Recompense collected Reduced number of violations Trees planted vs. trees lost Public education/awareness

18 ATLANTA S TREE ORDINANCE A CASE STUDY

19 Purpose and Intent t There shall be no net loss of trees Establish and maintain maximum tree cover Maintain trees in a healthy and non- hazardous condition

20 Bi Brief fhit History Forty-four years ago Trees and Shrubbery article In 1993 Atlanta s Tree Protection Ordinance Over the years, a number of changes have been made

21 Contents of Atlanta s Ordinance Clearly states Responsibility and Authority Clearly states definitions, eliminates misinterpretation Staffing and Tree Trust Fund

22 Contents of Atlanta s Ordinance Activities Dead, Dying, Diseased, or Hazardous trees Building plan reviews Illegal tree removal or destruction Permissible removals Incursions in CRZ and SRP For building in the buildable area Ingress or egress on property

23 Contents of Atlanta s Ordinance Enforcement our arborists are sworn code enforcement agents, can issue tickets Corrective Actions Correction notices Assess illegal recompense Violations may be resolved at Atlanta s Municipal Court Appeal to Tree Conservation Commission Appeals to state Superior Court

24 Contents of Atlanta s Ordinance Tree replanting and maintenance Emergency provisions

25 Ongoing Daily practice, policy, revisions to ordinance Flexible, dynamic, responsive to change Standards of Practice no arborist shopping In-house training

26 Challenges Collection of recompense FCO, liens No special protection for Historic Trees Quality of tree canopy being preserved Quality of trees being replanted Tree canopy study needed Boundary tree concerns

27 In Conclusion Managing the urban forest is often challenging but with the right tools to protect, preserve, and replenish an urban forest, over time, we will see the expansion and sustained health of our urban trees

28 Southern Red Oak Gilbert House Atlanta, GA

29 Contact Information In the subject line please put SMA Conference. Thank you.

30 Questions

31 References City of Atlanta tree ordinance borist/tree_ordinance.pdf Tree Ordinances as Public Policy and Participation Tools: Development in Alabama. Arboriculture & Urban Forestry 35(3): May 2009 GA Tree Ordinances: Results of the survey of community tree regulations in GA GUFC.