Cuts like a knife

LYNNWOOD — Many people like the positives of what trees do for the environment: aesthetics of an area, shade and habitat for wild life, and more. But regulate how many trees those people can tear down and it’s sawing through their rights as property owners.

“Every person has an opinion about trees and none appear to be exactly the same,” said Bill Vlcek, Lynnwood’s public works director.

About three years ago, many Lynnwood residents came out of the woodwork to express their concern to the City Council about losing the last of the trees in the city and wanted the council and staff to find a way to preserve the trees the city had left.

Now with the City Council and staff updating its tree regulating ordinance, residents are coming out to say — don’t tell us what we can and can’t do with our trees.

Vlcek said looking at an aerial view of the city, the most trees that are left are in the residential neighborhoods. He said if the citizens want the city to be serious about preserving its trees, it’s in these neighborhoods where the trees are threatened because currently there is no ordinance in the city that regulates how many trees a single family property owner can cut down.

“It’s unlimited at this time,” Vlcek said.

The last proposed ordinance, which was open to debate at the last public hearing in March, suggests there be a limit of two significant trees per year cut down on each single family property.

In the revised proposal of the ordinance, which will be discussed at the next public hearing at 7 p.m. Tuesday, May 27, the staff suggests the “two significant trees” specification be increased, Vlcek said.

“What we’re doing at the next hearing is providing some alternatives to deal with the concerns the citizens have raised at the last hearing in March,” Vlcek said.

Some of the other concerns were whether or not residents would be able to add objects to their trees, such as a bird feeder, tree swing or tree house. Vlcek said this is one of the details they are clarifying in the ordinance

“Yes,” Vlcek said, “it is OK to add these types of things to the trees as long as it doesn’t kill a significant tree.”

If it did kill a significant tree, Vlcek said, then the resident would be required to replace the tree with another significant tree.

Another concern some had, he said, was that the two trees per year removal allowance was too restrictive. This is why they are considering raising that amount.

Some of the changes proposed for regulating trees in single family residential areas of the city are:

• Allows removal of two (or more) trees per year at no cost. (Currently there is no limit).

• Must replant one tree for every tree removed.

• Or pay $50 per tree for each tree not replaced (may need to replace more if doing as a penalty).

• For two or more trees a year, there will be a $50 inspection/approval fee.

• Non-significant tree removal doesn’t require replanting.

Another change would be in the penalty for not complying with the new ordinance.

The proposed penalty is a civil penalty and could charge the person who doesn’t respond to a complaint or who is non-compliant $25 per day, up to $5,000.

Vlcek said, “There are two philosophical differences in the proposed changes — they include one, the attempt to preserve the existing trees in Lynnwood and two, an attempt to makes sure development replants trees for the long term.”

While the most debate is over what the new rules are regarding single family properties, there are also updates for non-single family properties, such as public property, multi-family and commercial properties. For these properties, according to the ordinance, any tree to possibly be cut down would need to go through a strict review process through the city before it would be permitted. Much of the changes that have been proposed in regulating trees in Lynnwood for non-residential properties comes directly from the State Environmental Policy Act (SEPA), a review that all projects are required to do, Vlcek said.

For more information about the new regulating ordinance regarding single family properties or non-single family properties, attend the public hearing scheduled for 7 p.m. Tuesday, May 27 or call the city’s environmental engineer, Bill Franz at 425-670-6289.