Public Tree Code Update

To reach the goals from the Urban Forestry Master Plan (see inset), stronger tree protections are needed on both public and private land (see Actions 14 and 15) according to national standards and best practices in urban forestry.

Below is a brief explanation of the basics of tree protection code, along with links to the proposed code documents, a feedback form, and a summary of the changes made.  We asked for public input on this work, with a couple options for review:
  • Review code and manual documents directly (links below)
  • Read the summary of changes made (also below)
  • Attend a City Council hearing to see a presentation and offer verbal comment on Thursday, September 14, 4-6 pm. It will be in-person at City Council Chambers and also available virtually via the WebEx platform.
The public comment period closed on Friday, September 22.  
We expect to have this go into effect in 2024. ​
COLUMBUS' GOALS FOR THE URBAN FOREST
In 2021, with the support of the Mayor’s office and leadership from Columbus Recreation and Parks Department, Columbus City Council approved Columbus’ first strategic plan for its trees: the Urban Forestry Master Plan (UFMP). The UFMP is the first Citywide, strategic plan to invest long-term in Columbus’ trees. Over the next decades, the UFMP will guide the entire Columbus community to prioritize, preserve and grow our tree canopy. The UFMP has three goals:
    1.  Reach Citywide Tree Canopy Cover of 40% by 2050.
    2. Stop the Net Canopy Losses by 2030.
    3. Invest in Equitable Canopy Across All
​        Neighborhoods by 2030.

Public Comment Period is closed

We asked for public input on this revised public tree code work, with all public comments due by September 22, 2023.  A summary of the changes made in an easy-to-comprehend format is provided in the following section.  Additionally, the public can also read the actual documents themselves (which can be somewhat technical) are available, along with a summary public comments received, all linked below.  ​​ 
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Watch the proposed public tree code presentation at Columbus City Council held on Sept. 14, 2023.

the basics

​What are public trees, and why are they important?  Public trees are all trees growing on City-owned properties. In Columbus, 30% of our overall tree canopy grows on public land. Protecting these trees is important to Columbus’ canopy goals, particularly stopping net loss by 2030. Under the current system, we are losing more tree diameter inches than are being replaced due to construction.
 
Who manages public trees?  City code gives authority over all trees planted or to be planted on City-owned property to Columbus Recreation and Parks Department. Within Recreation and Parks, the Forestry section is led by the City Forester and conducts all tree plantings, care and removal of trees on City streets and in parks.
 
What is tree code?  In the U.S., tree code can be grouped into two categories. At this time, we are working to update Columbus’ public tree code.

  • Public trees grow on publicly-owned land such as along streets, in public parks and on all City properties. Columbus Recreation and Parks Department’s Forestry section is solely and legally responsible for all public trees in Columbus. Public trees are governed according to City Code Chapter 912.
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  • Private trees grow on land that is privately owned, such as residential, commercial and industrial properties, and they are not regulated in the same way in every city. There are two categories of private tree regulations - regulation during development and regulations at all times regardless of whether there is construction or development happening. Private trees are not currently regulated citywide in Columbus, which is unusual for a city of Columbus' size. 
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What is in place currently for public trees? Public trees are governed today by a combination of two pieces of legislation: City Code Chapter 912 and a 2015 Executive Order (see inset). 

​Why is an update needed? The UFMP reviewed existing public tree protections and recommended they be modernized to reflect industry standards and best practices, as well as codify the Executive Order.        
 
How was this code developed? The City held a round of public input to build a draft code and manual based on national best practices in 2022. As this code must be met by City departments and their contractors, much of this effort happened over 30 City interdepartmental meetings and listening sessions from fall 2022 to summer 2023 to work through implementation logistics. Recreation and Parks coordinated with the departments of Public Utilities, Public Service, Building and Zoning Services, Development, Finance and Management, Health, Neighborhoods and the City Attorney’s Office. This significant coordination work will ensure the updated public tree code can be enforced effectively to protect public trees in Columbus.  
CURRENT PROTECTIONS FOR PUBLIC TREES
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City Code Chapter 912: Trees and Shrubs
Code adopted over 30 years ago (1991) that gives Columbus Recreation and Parks Department the authority over trees planted or to be planted on City-owned properties. It includes some protections for public trees, established a tree fund and the Tree Subcommission.

Executive Order 2015-031: (Tree Protection and Mitigation Policy)
In 2015, Mayor Coleman signed an executive order that ensures that City construction activities (capital improvement projects) minimize impacts to trees and requires tree mitigation via planting or payment-in-lieu.

summary of changes

There are a number of changes across City code and the Tree Technical Manual that will better protect public trees in Columbus:

​1. A Companion Manual to Aid in Better Outcomes. For the first time, code changes allow the creation of a Tree Technical Manual that carries the force of City code. This is important because it means the department can both provide more detail on meeting code with best practices, and it can be updated more frequently than City code, allowing it to be a living document that can change with advances in the forestry industry. The creation of a best practices manual is another UFMP recommendation (Action 9).
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WHAT IS TREE MITIGATION?
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Because of the value of trees in Columbus, and in efforts to achieve city urban forestry goals, the City of Columbus takes removal of a public tree seriously. For this reason, if a removal is approved, steps will be required to make up for the loss of that tree – a practice that is termed tree mitigation. 

​Mitigation can take the form of replanting, payment into a tree fund (also known as “fee-in-lieu”), or a combination of both. 
2. Mitigation Now Applies to All Projects. Today, there are loopholes in the current system that result in healthy trees not being replaced when work occurs on public land. For example, the 2015 Executive Order exempts routine maintenance, as well as projects funded solely with private sector contributions. The fact that some projects don’t require any tree preservation or replanting directly contributes to tree canopy loss over time in Columbus. The proposed code removes these exemptions, ensuring all construction and utility projects on City property must comply with the tree mitigation requirements. 
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​3. Stronger Valuation of Trees and Inch-for-Inch Replacement. In the current system, the tree valuation and replacement practices do not accurately reflect the value of trees in Columbus. The proposed tree code places a higher value on trees, both in its appraisal of value, as well as in the replacement rates required for trees removed.

  • Mitigation Fee Structure. From 1988 until 2021, the mitigation fee-in-lieu was $100 per inch of trunk diameter. In 2021, this was raised to $200 per inch to account for inflation over time and because the UFMP highlighted the importance of tree mitigation in the City. The proposed tree code now not only includes mitigation options for the first time (details in the manual), but it also increases the rate to $260 per inch based on the average appraisal value of a representative sample of public trees. This better reflects the value of Columbus’ public trees, and this fee will be used to plant trees across the City. 
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  • Mitigation Replacement Rate. The current system uses ratios to calculate quantities of trees to plant. This has resulted in more trunk inches lost than what is replanted. The proposed code uses replacement calculations based on the total inches of trunk diameter that have been removed, termed “inch-for-inch” replacement. This new system will result in increased tree canopy over time by requiring more tree plantings when a healthy tree is removed
COMPARING CURRENT AND PROPOSED MITIGATION
In the current system, trees are replaced based on a ratio system: 1:1 tree replacement up to 5:1 tree replacement, depending on the size of the removed tree. For example, a 20” diameter tree would only need to be replaced by three new trees. 
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In the new “inch for inch” system, that same 20” diameter tree would need to be replaced with 10 replacement trees of 2” caliper each. 10 trees x 2” = 20” in replacement tree inches. (Caliper is used to measure nursery trees 12” above the ground, as opposed to diameter for mature trees.) 
4. Better Enforcement. Enforcement has been a challenge to-date because of lack of resources and staff. Forestry arborists are needed to provide technical expertise to facilitate mitigation throughout the construction process. They will also be dispatched to inspect construction projects up to five times, before, during and after construction is complete to ensure public trees are protected and newly planted trees survive. The new system includes inspection fees, which will cover the work required by Forestry staff on mitigation plantings.  
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5. In Line with Best Practices. Currently, the public tree code is out of date with urban forestry best practices nationally in a number of ways: 
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  • Plan Required to Preserve and Replace Trees During Construction. The current system does not require a Public Tree Plan in construction plan sheets. The public tree plan will include a map of trees to be removed and preserved, tree protection boundaries for each tree to be preserved, as well as critical data for protection measures. These are national tree protection best practices and are now required in Columbus’ Tree Technical Manual.

  • Utilization of Experts. The existing system does not require someone with expertise to be consulted on tree protection, preservation and replacement.  Work can be undertaken by any contractor, no matter their knowledge level. This can result in poor practices and stressed/dying trees during and after construction. The proposed code specifically requires tree protection and preservation plans to be developed by a natural resource professional, and reviewed and approved by the Columbus Recreation and Parks Department.

  • Tree Species Lists. Current code lists prohibited tree species, while the recommended tree list is maintained by Forestry and the Columbus Tree Subcommission. The new manual references a comprehensive list of approved tree species for planting along public streets, in parks and public places, as well as an updated list of prohibited species. Keeping these lists outside of city code allows for more frequent updates as the climate warms and species availability change.

  • Industry Standards Referenced. In the existing ordinance, there is no reference to what is acceptable tree care versus unacceptable. The new manual cites industry standards for tree care (ANSI A300 standards), and will always be up-to-date on best practices. 
 
6. Clarity in Goals and Structure. Currently, project owners must reference both the code and the Executive Order to ensure compliance. The new system not only combines these into one code, but also reorganizes the ordinance and revises definitions to ease in purpose and readability. Additionally, there is a new “Purpose and Intent” section to introduce the public tree code, which explains why trees are so important to Columbus.