HomeMy WebLinkAbout04-22-25 Public Comment - M. Kaveney - City Commission mtng 4_22_25_ Tree City,USA compliance - requires a Tree OrdinanceFrom:Marcia Kaveney
To:Bozeman Public Comment
Cc:Alex Nordquest; Mitchell Overton
Subject:[EXTERNAL]City Commission mtng 4/22/25: Tree City,USA compliance - requires a Tree Ordinance
Date:Tuesday, April 22, 2025 9:58:47 AM
Attachments:treecity-checklist-Arbor Day Foundation.pdfMissoula Ordinance Number 3043.PDF
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Dear Mayor, Deputy Mayor, Commissioners, Forestry Division Manager Nordquist, and
Director Overton,
Thank you for continuing the tradition of Arbor Day and for making a Mayoral Proclamationto celebrate Arbor Day. As the staff memo states, "A proclamation to celebrate Arbor Day is
one requirement for Tree City USA designation through the Arbor Day Foundation."
The staff report goes on to mention the remaining Tree City designation requirements exceptfor one. I recently explored the requirements for qualifying for the Tree City, USA
designation. As shown below and in the attached pdf, Standard 2 requires a Tree CareOrdinance. Bozeman does not have a specific Tree Care Ordinance - a specific code that
provides the overview of the public tree care plan.
Bozeman does have Tree Regulations which are found in BMC Chapter 16, Article 5,Division 3, which contain guidance about the specifics of planting, removal, and/or
maintenance of public trees. And Bozeman does have a forestry department with funding andresponsibility over public trees. What seems to be lacking is the overview that a Tree Care
Ordinance would give the public and which would summarize the goals and means of theCity's Tree Care Plan. The Tree City USA application checklist also requests the date the
ordinance was adopted and a request for the current ordinance to be uploaded.
Text for Standard 2:"STANDARD 2: A Tree Care Ordinance
Does your city have a tree ordinance that: • Establishes a tree board, forestry department, or both, that assigns one of these entities
responsibility over public trees?— AND —
• Provides clear guidance about the planting, removal, and/or maintenance of public trees?"
At first glance, this may seem like splitting hairs over a technical detail because the City'sForestry department already does the work required by such an ordinance. In fact, ordinance
1365 is listed below many of the tree regulation codes but I could not actually find ordinance1365 with multiple BMC searches. Try your own google search and I can practically
guarantee you'll not find a Tree Care Ordinance in the BMC, UDC, draft UDC, or on theCity's website. A general Tree Care Ordinance is the document that would house the goals
and methods of the City's Tree Care plan and should be easy to reference for developers andresidents alike.
So, while I agree the City's Forestry Division does great work, the City is still missing one
required standard- the Tree Care Ordinance itself.
Director Overton recently stated at an Urban Parks and Forestry meeting that a tree ordinancewas being worked on internally. I was very pleased to hear this news. I would ask that the a
draft tree ordinance please be finished in time for the UDC review process and posted withadequate time for public comment.
When complete I hope we will be able to find it posted on the City's website under the forestry
department, referenced in Chapter 38 of the BMC, detailed in Chapter 16 of the BMC, andlisted in the BMC list of City Ordinances-by number.
I have attached the Tree City USA application and Missoula's Tree Ordinance and Forestry
webpage for reference. Thank you for considering this for your future Arbor Day planning.
Sincerely,Marcia Kaveney
Link to Missoula's Forestry page which contains link to their Tree Ordinance at the bottom of
the page:https://www.ci.missoula.mt.us/230/Urban-Forestry
Tree City USA® Application Checklist
•This checklist will help you organize everything you need for your
application before you apply online
•You can save your application and come back
•Application deadline varies by state; check arborday.org/treecity
for the official deadline in your state.
•If your community is having difficulty meeting a specific standard,
reach out to your state coordinator to learn more.
STANDARD 1:
A Tree Board or Department
Do you have an entity responsible for your
community’s trees?
n Yes n No
Do you have a Tree Board?*
Check out https://treeboardu.org/
n Yes n No
Information Required for Application
n Information on Tree Board/Department Meetings
n Names/Emails for Tree Board Members of Staff
STANDARD 2:
A Tree Care Ordinance
Does your city have a tree ordinance that:
•Establishes a tree board, forestry department, or both,
that assigns one of these entities responsibility over
public trees?
— AND —
•Provides clear guidance about the planting, removal,
and/or maintenance of public trees?
n Yes n No
Information Required for Application
n Date Tree Ordinance was Adopted
n Upload current ordinance
COMMUNITY INFORMATION
Information Required for Application
Contact Information for:
n Mayor
n City Forestry Contact
*Having a Tree Board is optional if your community has a city department responsible for public trees.
STANDARD 3:
A Community Forestry Program
With an Annual Budget of at Least
$2 Per Capita
Does your community spend $2 or more per capita?
n Yes n No
Information Required for Application
Expenditures on:
n Tree Planting and Initial Care, Tree Maintenance,
Tree Removal, Management, Utility Line Clearance,
Volunteer Time (in hours), Hours Other (please
explain), and Total Community Forestry Expenditures
n Annual Work Plan*
n Supporting Budget Documents*
Number of:
n Total Trees Planted, Trees Pruned, and Trees Removed
STANDARD 4:
An Arbor Day Observance and
Proclamation
Did your community celebrate Arbor Day this year?
n Yes n No
Does your community have a signed Arbor Day
Proclamation this year?
n Yes n No
Information Required for Application
n Date of Observation
n Evidence of Arbor Day Event activities, photos,
and/or news coverage
n Signed Arbor Day Proclamation
Verification Information
n Mayor or Equivalent’s Signature
90485201
*If required by your state coordinator.
ORDINANCE NUMBER 3043
AN ORDINANCE AMENDING CHAPTER 12.32 MISSOULA MUNICIPAL CODE ENTITLED
"COMPREHENSIVE TREE AND SHRUB, PLANTING, PRUNING AND MAINTENANCE REGULATIONS"
ADOPTING A REVISED TREE APPENDIX TO ACCOMPANY THE ORDINANCE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MISSOULA THAT CHAPTER 12.32
MISSOULA MUNICIPAL CODE BE AMENDED BY ADDING SECTION 20 AND PROVIDING A
REVISED TREE APPENDIX.
Section 1. 12.32.010 Purpose. A. The purpose of this chapter is to protect the health, safety
and welfare of both the public citizenry and the trees in the City of Missoula by establishing
standards and regulations to control planting, planning, removal, maintenance, and protection of
the trees and shrubs within the public rights of way and public land areas from undesirable and
unsafe planting, removal, maintenance and protection practices and by eliminating and guarding
against dangerous conditions which may result in injury to persons using the public areas of the
city; and by promoting the enhancement and natural beauty of the city; as well as to prevent
damage to any public sewer or water main, street, sidewalk or other public property; and to
guard all trees and shrubs within the City against the spread of disease or pests.
B. The City Council determines these tree standards and regulations are reasonably necessary
and desirable for the following reasons:
1. Trees are proven producers of oxygen, a necessary element for the survival of mankind;
2. Trees appreciably reduce the ever-increasing and environmentally dangerous carbon dioxide
content of the air and play a vital role in purifying the air;
3. Trees play an important role in the hydrologic cycle, transpiring considerable amounts of water
daily day, thereby precipitating dust and other particulate airborne pollutants from the air;
4. Trees play an integral role in neutralizing wastewater which passes from the surface to lower
ground water acquifers;
5. Trees through their root systems, stabilize the soil and play an important and effective part in
City-wide soil conservation, erosion control and flood control;
6. Trees are essential and an invaluable physical and psychological addition to the City, making
life more comfortable by providing shade and cooling both air and land, reducing noise levels and
glare, and breaking the visual monotony of development of land;
7. Trees provide wildlife habitat and play other important ecological roles;
8. The protection of trees within the city of Missoula is not only desirable, but essential to the
present and future health, safety, and general welfare of all the citizens of City of Missoula;
9. Some tree species are more beneficial than others as necessary contributors to the City’s
environment and it is not necessary to protect each and every tree in order to attain the public
benefit of a tree protection and replacement ordinance.
C. The provisions of this ordinance shall apply to all trees and shrubs presently or hereafter
planted in or upon any public area, which shall endanger the life, health or safety of persons or
property.
Section 2. 12.32.020 The City Tree Board. The City Tree Board shall serve as the appellate
body for property owner appeals to City Park and Recreation Department decisions pertaining to
woody vegetation located in any public right of way, as well as an advisory body to the City
Council and shall perform any functions, responsibilities or duties established herein.
Section 3. 12.32.030 City forester, establishment, duties. A. The position of City Forester
may be established within the City Parks and Recreation Department and is responsible to the
City Parks and Recreation Director.
B. The City Forester shall perform any duties determined by the City Council and The Parks and
Recreation director and shall assist the Park Board with the Park Board’s statutory responsibility
to plant, cultivate, maintain and improve all trees and other plants upon the streets, avenues,
boulevards, and public places, including the Park Board’s right to designate the character and
quality of all trees and plants planted in such parks, streets, avenues, boulevards and public
places.
Section 4. 12.32.040 Scope of applicability. A. This chapter applies to all trees, plants and
shrubs located on or in the right-of-way, boulevards, and public places of the city, and to private
property trees that encroach, and/or create a condition which renders dangerous for passage on
any public right-of-way, boulevards and public places, except for all woody vegetation located
within the boundaries of the city cemetery while it is managed by a city cemetery staff.
B. The provision of this ordinance pertaining to planting, spacing, or species of tree shall not
apply to any tree existing at the time of the enactment of this ordinance.
Section 5. 12.32.050 Definitions. The following definitions shall apply to the provisions of this
chapter.
A. "Public right-of-way" means the entire width between the dedicated boundaries of all public
streets, roads, boulevards, alleys and includes all sidewalks and public parking strips located
within any such boundaries.
B. "Public area" means all public right-of-ways, public parks, and other lands owned or leased by
the city, unless the context of a specific provision expressly applies to other public lands as well.
C. "Woody vegetation" means trees, shrubs, plants and any other vegetation with a woody stem.
D. "Encroaching woody vegetation" means any woody vegetation that grows or extends within
the boundaries of the public right-of-way, which renders it dangerous for passage.
E. "Tree preservation zone" or "TPZ" is a circle surrounding the target tree with a radius of one
(1) foot for every one (1) inch diameter of tree being considered.
F. "Boulevard trees" means any tree which exists in an area of public right-of-way between the
edge of the public roadway, whether curbed or not, and the private property line.
G. "Park trees" means all trees on city owned or leased land other than trees that are in the
public right-of-way.
H. "Arboricultural treatments" means all services, treatments or operations involving trimming,
pruning, spraying, injecting, fertilizing, cabling, surgery work, removal of and cutting above or
below ground level of a tree.
I. "Topping" means the severe cutting back of limbs to stubs larger than three inches in diameter
within the tree’s crown to such a degree so as to remove the normal tree canopy and disfigure
the tree.
J. "Notice" means a written or verbal announcement to the abutting property owner.
A. "Tree Board" means an appointed sub-committee comprised of 4 members of
the City Park and Recreation Board.
Section 6. 12.32.060 Permit requirement. It is unlawful for any person or contracted tree
service person to engage in the business of planting or arboricultural treatment of trees within
the public right-of-way or public area, without written consent obtained by issuance of a permit
by the City Parks and Recreation Department.
Section 7. 12.32.070 Responsibility for trees.
A. The abutting property owner shall be responsible for the regular watering, care and
maintenance of the boulevard or parking strip per MMC section 12.48.030. The City Council
and/or City Parks Department may require any property owner to teat or remove any woody
vegetation in a parking strip abutting upon the owner’s property.
B. The City Parks Department may take action to remove, or treat any tree on public land if it:
1. is diagnosed to have an epidemic insect infestation or disease that would prove to be
detrimental to the Urban Forest; or
2. creates a hazard or an immediate threat to public safety, and assess the cost of such action
against the abutting property owner; or
3. is identified as a tree that would be either an obstruction or would not live after a street,
sidewalk, curb and gutter, alley or public utility construction or maintenance project is
implemented.
Section 8. 12.32.080 Licensing. All contracted arboricultural work or services performed by
businesses advertising or soliciting performance of services on trees within the City, whether
public or private, shall obtain a city business license from the city prior to performing any work.
Section 9. 12.32.090 Landscaping required for new developments.
Trees shall be a part of the landscaping for all new residential developments and new commercial
developments and will be consistent with city zoning ordinance. All tree plans shall be evaluated
by the Office of Community Development and the Parks Department as part of the development
review.
Section 10. 12.32.100 Public utilities. Public Utility work affecting woody vegetation within
public areas should be limited to the actual necessities of the services of the company and all
work should be done in a neat and professional manner consistent with National Arborist
Association and International Society of Arboricultural standards on tree maintenance. The City
Parks and Recreation Department shall be notified before work is performed and reserves the
right to inspect work after completion.
Section 11. 12.21.110 Vandalism or damage to woody vegetation. It is unlawful for any
person to abuse, injure, mutilate, destroy, or kill any tree, shrub or plant growing in the public
right-of-way or to permit any animal under his control to do so. Unlawful conduct shall include
but not be limited to permitting any fire to injure any portion of any tree or shrub; permitting any
toxic chemical to seep, drain, or be emptied on or around any woody vegetation; permitting the
storage of any stone, brick, sand concrete or other materials which may impede the free passage
of water, air and fertilizer to the roots of any tree or shrub growing herein; permitting any wire
charged with electricity to come in contact with any tree or shrub, located within any public area,
or any general destruction or mutilation by whatever means. The party responsible for any such
act shall bear the cost of repairing or replacing the tree or vegetation pursuant to the
determination of the City Parks and Recreation Department.
Section 12 12.32.120 Providing barriers during construction. Adequate barriers will be
placed around trees growing in the public right-of-way to protect the trunk and limbs from
damage due to construction work. Excavation taking place within the "tree preservation zone" of
any tree growing in the public right-of-way will require a permit from the city engineer and City
Parks Department. The City Parks and Recreation Department will inspect all such excavations to
ensure minimum damage to tree roots. When trees are damaged severely, as determined by the
Parks Department, due to excavation or construction, the abutting property owner shall be
responsible for planting a new tree pursuant to the City Parks Department specifications, except
where contractor negligence damaged the tree in which case the contractor shall be responsible
for repairing or replacement of the tree.
Section 13. 12.32.130 Attaching ropes, wires or handbills to trees in public place. It
shall be a violation of this chapter to attach or place any rope, cable or wire (other than one used
to support a young or broken tree or to support a weak crotch within the tree), nail or otherwise
place any sign, poster, handbill or other thing to any tree growing in a public place, except in
emergencies such as accidents and storms.
Section 14. 12.32.140 Tree Topping. It shall be unlawful, as a normal practice for any
person, tree service business, city department or any other private or public entity to top any
street tree, park tree or other tree located in a public area. Trees severely damaged by storms or
other obstructions where other pruning practices are impractical may be exempted from this
ordinance at the determination of the conservation committee.
Section 15. 12.32.150 Declaration of hazard.
A. Any woody vegetation, whether on public or private property, of whatever nature, which is
endangering or which in any way may endanger the public health, safety, security or usefulness
of any public street, public utility line or sidewalk is hereby declared to be a public hazard and
may be treated by the City Parks and Recreation Departments. If the City Parks and Recreation
Department determines with reasonable certainty, upon inspection, that any woody vegetation or
any part thereof, located on private property, that encroaches into the public right-of-way or
renders it dangerous for passage, it shall notify in writing the owner or tenant in charge of the
premises. If the owner or tenant in charge of the premise where the hazard is located, is unable
to comply with the terms of the written notice, the City Parks and Recreation Department will
work with the property owner where the hazard is located to cause the treatment or removal of
the hazard woody vegetation. The private property owner shall be responsible for any liability
arising out of injury, damage, or death caused by the dangerous condition existing on the private
property. The city shall not be liable for any injury, damage, or death caused by the said hazard
or dangerous condition on private property.
Section 16. 12.32.160 Tree planting, maintenance, removal. All trees and/or shrubs in
any pubic area shall be planted, removed maintained and protected according to the provisions
of the arboricultural standards, specifications and guidelines shall include sections on planting,
maintenance, removals and a desirable species list, and will be reviewed annually by the
conservation committee and city council.
Section 17. 12.32.170 Interference with City Parks and Recreation Department. No
person shall obstruct, hinder, prevent, delay or interfere with the City Parks and Recreation
Department in the execution or enforcement of this chapter.
Section 18. 12.32.180 Appeal from order of City Parks and Recreation Department.
Any decision of the City Parks and Recreation Department must be appealed within fifteen (15)
calendar days after notice is given to the property owner.
Section 19. 12.32.190 Penalties.
(A) No imprisonment shall be imposed for a violation of this chapter. . The only penalty shall be a
fine of up to five hundred dollars ($500.00) for each separate offense, each day during which any
violation of the provisions of this ordinance shall occur or continue shall be a separate offense.
(B) Upon conviction as part of the sentence imposed in addition to the penalty set forth in
Subsection (A) above, any person who removes, damages, or destroys a tree, shrub, or other
plant located on city-owned property in violation of the provisions of this Article shall pay a sum
of money equal to either the cost of its replacement or the diminishment in its value. The
replacement value of trees and shrubs shall be determined in accordance with the latest revision
of Guide to Tree and Plant Appraisal, as published by the International Society of Arboriculture.
Section 20. 12.32.200 Tree Appendix. An appendix outlining operational standards,
procedures, desirable tree lists and other regulations pertaining to the operation of the City
Forestry program as well as the operation of "for profit" private companies accompanies the
enactment of this ordinance. The appendix is available in the City Clerks office and at the Parks
and Recreation Department.
Section 21. 12.32.210 Severability. If any section, subsection, sentence, clause, phrase or
word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this ordinance. The Council hereby declares
that it would have passed this ordinance and each section, subsection, sentence, clause, phrase,
and words thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason
this ordinance should be declared invalid or unconstitutional, then the remaining ordinance
provisions will be in full force and effect.
PASSED by a 12 Ayes, 0 Naye, 0 Abstain and 0 Absent vote and
APPROVED by the Mayor, this 1st day of December , 1997.
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