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06/18/97 WED 16:40 FAX 541 686 6564 HARRANG LONG 0 002 CITY OF EUGENE INTER - DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Linda Norris Date: June 18, 1997 Assistant City Manager Subject: Tree Felling Permits This memorandum outlines the process for obtaining tree felling permits, and for persons to comment on and appeal those permits. It also addresses the question whether a permit remains in effect pending appeal. Section 6.305 of the Eugene Code prohibits any person from felling 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 without first obtaining a permit. The procedure for obtaining permits is spelled out in Section 6.310 - 6.325 of the Code. Any person requiring a permit must apply for that tree felling permit with the City Manager or designee. If the applicant proposes to fell more than ten trees, then the City Manager must act on the permit within 30 days, but only after giving public notice of the application and an opportunity to provide comments. For the felling of more than ten trees, the City must mail notice to owners and occupants of all abutting properties and all other properties which are partially or wholly within 200 feet of the site on which the trees are to be felled, as well as to other persons who have requested such notice. The notice must provide that persons may submit written comments on the application for a period of 15 days from the date of the notice, and it must include direction as to how such comments may be submitted. After the public comment period has expired, the Manager or designee must act on the permit. The Manager may attach conditions to the approval of a permit to ensure the replacement of trees. An appeal of that permit may be filed by the applicant (if the applicant is dissatisfied with the conditions attached to the permit) by filing a written notice of appeal within 15 days of the date of the permit was issued. In addition, any person who provided comments on the application during the comment period may file an appeal within 15 days of the date that the permit was issued. See Section 6.325. The appeal is governed by Section 2.021 of the Eugene Code, which deals generally with appeals of City actions. Neither Section 2.021, nor 6.300 et seq, expressly address the question of whether a permit which has been issued remains in effect during the pendency of an appeal. Other sections of the Eugene Code, however, do provide that where an appeal is filed, the permit or other action being appealed is not in effect. For example, Section 7.735 of the Eugene Code addresses appeals procedures for changes in systems development charges. After the Manager proposes and receives comments on changes to the systems development charge methodology, the Manager adopts the change. That change can take effect immediately. Pursuant to 7.735(3), anyone desiring to appeal the Manager's action must file an appeal within 15 days of the