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11.40.020 When a Tree Permit is Required.

(Amended by Ordinance No. 187216, effective July 24, 2015.) A tree permit is required for all trees in the City of Portland as further described below, unless the activity is exempt from the requirements of this Chapter as specified in Section 11.40.030. 

A.  Street Trees. Street trees of any size are regulated by this Chapter unless otherwise specified in Table 40-1 or 40-2.

B.  City Trees. City trees 3 or more inches in diameter are regulated by this Chapter unless otherwise specified in Table 40-1.

C.  Private Trees. Private trees 12 or more inches in diameter are regulated by this Chapter unless otherwise specified in Table 40-1. Trees required to be preserved by a condition of a land use review may be subject to other requirements.

D. Emergency pruning or removal. Emergency pruning or removal of trees is regulated by this Chapter as follows:

1. If an emergency exists because the condition or location of a tree presents such a clear and present danger to structures or the public that there is insufficient time to obtain a tree permit, the hazardous portion of the tree may be removed without first obtaining a required tree permit.

2. In the course of performing unexpected or emergency road, sewer or water maintenance activities, representatives of the Responsible Engineer may trim, prune or remove a tree as required to perform the immediate work without first obtaining a required tree permit. If such activities occur during normal business hours, these representatives shall first attempt to contact the City Forester to determine if technical assistance can be made immediately available. If such assistance is not immediately available, then the pruning or removal may occur in accordance with proper arboricultural practices.

3. Any person who prunes or removes a tree under the provisions of this Subsection shall, within 7 days of such action, apply for a Type A tree permit. The application shall include photographs or other documentation to prove that an emergency existed. The City Forester will evaluate the information to determine whether an emergency existed. Failure to submit an application or provide information documenting the emergency nature of the event may be pursued as a violation per Chapter 11.70.

E. State, Federal and court orders. Trees that must be removed or pruned by an order of a court, or of a State or Federal agency are not subject to the public notice and appeal procedures of Chapter 11.30 and approval standards and review factors of this Chapter. However, a tree permit is required and the tree replacement requirements of this Chapter shall be met.

F. Hazardous Material Cleanup Orders. Hazardous material cleanup orders, are not subject to the permit procedures of this Title; however, a person removing a regulated tree pursuant to a Hazardous Material Cleanup Order must comply with the tree replacement requirements of this Chapter.

G. Trees on levees. Trees on levees that have been identified by a public Drainage District as violating federal regulations or requirements are subject to the requirements of this Chapter for a Type A permit for removal of trees. Required replacement trees shall be placed outside the critical cross section area of the levee, and may be placed on any property in the same watershed that is owned by the applicant; or on property for which the applicant possesses a legal instrument approved by the City, such as an easement, deed restriction, or interagency agreement, sufficient to carry out and ensure success of the replacement.

Table 40-1

Tree Removal in Overlay Zones and Plan Districts [1]

Overlay Zone or Plan District T11 Tree Size Title 11 tree permits for removing[2] T33 Tree Size Title 33 Zoning Code review for removing
Environmental conservation and protection overlay zones “c” “p” See: 33.430.080 Street all City  ≥ 3" Private ≥ 6"

• Trees within 10 feet of buildings or attached structures

• Nuisance species trees

• Non-native non-nuisance trees

• Dead, Dying, or Dangerous trees when wood 12 inches in diameter and greater is left in the same ownership, unless the City Forester approves removal of diseased wood from the site because it will threaten the health of other trees

• Trees projecting into a City-designated view corridor

Street all City all Private all • Healthy native trees that do not meet the applicable Title 11 situations listed in this table
Greenway overlay zones “n” “q” “g” “i” “r” See: 33.440.320 Street all City ≥ 3" Private ≥ 6"

• Nuisance species trees

• Dangerous trees

• Trees landward of the greenway setback in “g” “i” “r” overlays

Street all City all Private all

• Native Trees

• Non-native non-nuisance trees

• Dead or dying trees

• Trees not meeting the listed situations when located within or riverward of the greenway setback in “g” “i” “r” overlays

• Trees not meeting the listed situations when located in “n” “q” overlays

Pleasant Valley Natural Resources Overlay Zone “v” See: 33.465.080 Street all City ≥ 3" Private ≥ 6"

• Trees within 10 feet of buildings or attached structures

• Nuisance species trees

• Non-native non-nuisance trees

• Dead, Dying, or Dangerous trees when wood 12 inches in diameter and greater is left in the same ownership, unless the City Forester approves removal of diseased wood from the site because it will threaten the health of other trees

Street all City all Private all • Healthy native trees that do not meet the applicable Title 11 situations listed in this table

Scenic Resource Overlay “s”

Only applies to trees that are within the scenic corridor setback.
See: 33.480.040 B.2.a.

Street all City ≥ 3" Private ≥ 6" • Trees within 10 feet of buildings or attached structures
• Nuisance species trees
• Dead, Dying, or Dangerous trees
• Trees associated with the repair and maintenance of water, sewer or storm water lines
• Trees within 20 feet of a public safety RF Transmission Facility
• Street, City, or Private trees up to and including 12 inches diameter provided that replanting per 33.480.040.B.2.h(7) is met [3]
Street 
 ≥ 6”
City
≥ 6"
Private ≥ 6"
• Trees within the scenic corridor setbacks that do not meet the applicable Title 11 situations listed in this table

Cascade Station/Portland International Center Plan District See: 33.508.340

Only applies to trees located in a "c" or "p" overlay

Street all City ≥ 3" Private ≥ 6"

• Trees within 10 feet of buildings or attached structures

• Nuisance species trees

• Non-native non-nuisance trees

• Dead, Dying, or Dangerous trees when wood 12 inches in diameter and greater is left in the same ownership, unless the City Forester approves removal of diseased wood from the site because it will threaten the health of other trees

• Trees projecting into a City-designated view corridor

Street all City all Private all • Healthy native trees that do not meet the applicable Title 11 situations listed in this table

Columbia South Shore Plan District See: 33.515.262 & 33.515.274

Only applies to trees located in a "c" or "p" overlay

Street all City ≥ 3" Private ≥6"

• Trees within 10 feet of buildings or attached structures

• Nuisance species trees

• Dead, Dying, or Dangerous trees when wood 12 inches in diameter and greater is left in the same ownership, unless the City Forester approves removal of diseased wood from the site because it will threaten the health of other trees

Street all City all Private all

• Healthy native trees that do not meet the applicable Title 11 situations listed in this table

• Healthy non-native non-nuisance trees that do not meet the  applicable Title 11 situations listed in this table

Johnson Creek Basin Plan District 33.537.125

• Only applies to trees:

• Within 20 feet of the Springwater Corridor lot line;

• On a site with any portion in the special flood hazard area; and/or

• On a site with any portion in the South Subdistrict.

Street all City ≥ 3" Private ≥ 6"

 

• All Street Trees

• Nuisance species trees

• Trees within 10 feet of buildings, attached structures, or right-of-way improvements

• Dead, Dying, or Dangerous trees  • Trees associated with the repair and maintenance of water, sewer or storm water lines

• Any other 6” to 12” tree provided that at least two trees are planted. [3]  Trees removed within 20 feet of the Springwater Corridor must be replaced within 20 feet of the corridor

Street n/a City ≥ 6" Private ≥ 6" • Trees within 20 feet of the Springwater Corridor lot line; on a site with any portion in the special flood hazard area; and/or on a site with any portion in the South Subdistrict that do not meet the applicable Title 11 situations listed in this table
Portland International Airport Plan District See: 33.565.540 Applies only to trees located in a "c" or "p" overlay Street all City ≥ 3" Private ≥ 6"

• Trees within 10 feet of buildings or attached structures

• Nuisance species trees

• Non-native non-nuisance trees

• Dead, Dying, or Dangerous trees when wood 12 inches in diameter and greater is left in the same ownership, unless the City Forester approves removal of diseased wood from the site because it will threaten the health of other trees. This does not apply in landscaped areas of golf courses

• Trees projecting into a City-designated view corridor

Street all City all Private all • Healthy native trees that do not meet the applicable Title 11 situations listed in this table
Rocky Butte Plan District See: 33.570.040 Street all City  ≥ 3" Private ≥ 6"

• All Street Trees

• Nuisance species trees

• Trees within 10 feet of buildings, attached structures, or right-of-way improvements

• Dead, Dying, or Dangerous trees

• Trees associated with the repair and maintenance of water, sewer or storm water lines

• Any other 6” to 12” diameter tree provided that at least two trees are planted [3]

Street n/a City ≥ 6" Private ≥ 6" Trees that do not meet the applicable Title 11 situations listed in this table
South Auditorium Plan District See: 33.580.130 Street all City ≥ 3" Private ≥ 6" • Dead, Dying, or Dangerous trees provided at least one tree is planted in the same general location or in accordance with the adopted landscaping plan Street all City ≥ 6" Private ≥ 6" Trees that do not meet the applicable Title 11 situations listed in this table

Note [1] If a site is in more than one overlay zone or Plan District, the regulations for both areas apply.         [2] All Plan Districts and overlay zones require tree replacement, or as allowed by the City Forester.

        [3] Minimum planting is required to meet zoning code requirements.