Tree Ordinances and Admin Orders

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A a private cause of action procedure allowing citizen enforcement for illegal removal of trees. V. DISCUSSION A. Policy Issue While Eugene Code will contain regulatory provisions for tree felling on private parcels outside of the land development process, this action will discontinue staff permit administration, investigations, and enforcement of alleged illegal tree removals on private property. Costs for investigation and enforcement will be borne by the aggrieved citizen taking court action. B. Background and Analysis EXISTING EUGENE CODE 6.300 - 6.330: • Requires a permit for removal of more than five trees within a period of 12 consecutive months from a parcel of private property consisting of 20,000 or more square feet of area • Requires a permit for the removal of any trees from a parcel of private property consisting of less than 20,000 square feet of area A. Exempts occupied parcels. This is the vast majority of Eugene's residential properties. B. Exempts Planned Unit Developments. Environmental and natural resources preservation criteria for the PUD process is established as required the development regulations contained within Chapter 9. Tree removal with PUD, subdivisions, and other land development processes also fall under the policies within the South Hills Study. Historically, the majority of staff activity and the issues of public controversy have focused on the large scale removal of trees from large undeveloped parcels immediately prior to their undergoing development. The revised ordinance retains protection provisions for those large parcels by retaining the existing provision of only allowing five trees in a twelve month period to be removed and adding provisions which will only allow additional removal under an approved development plan or due to tree hazard or disease. REVISED EUGENE CODE: • Discontinues permit administration, investigation and enforcement as a city staff responsibility.