United States Department of Agriculture
U.S. Forest Service

Secretary of Agriculture

National Urban And Community Forestry Advisory Council

NUCFAC

Suzanne M. del Villar

GREEN PAPER

Hurricane Responsive

Tree Ordinances

Paper Title: _____HURRICANE RESPONSIVE TREE ORDINANCES__________

Organization Name: _______LSU Hurricane Center, Louisiana State University_____________

_______LSU Green Laws Research Project______

_____School of Landscape Architecture _____

Name and Title of Contact Person: __Assoc. Professor D.G. Abbey, ASLA________________

Address: ______ 302 Design Building__________

Louisiana State University

Baton Rouge, Louisiana 70803

Phone: _________225.578.1434______

Fax: _________2255781434_______

E-mail Address: ___lsugreenlaws@aol.com_______

Type of Organization

State, Parish, or Municipal Government ___ ____

Public Educational Institution __ X __

Tax exempt organization under IRS code 501(c)(3) ___x____

July 2007

I. Abstract Statement

When the State of Louisiana adopted a new statewide building code on January 1, 2007 they indicated a response to the fact that hurricanes cause damage to coastal cities as a result of local building practices. They state was being responsive toward hurricanes by reflecting the state’s concern for health, safety and welfare in regard to development in areas subject to hurricane winds and tidal surges. This building code is being adopted as a state wide regulation to make the coastal parishes of the state more resistant to the threats posed by tropical weather, high winds and inland flooding, all a result of tropical weather. However, building codes do not address trees, urban forests or private gardens. These natural parts of urban communities are subject to the same stresses and potential destructive forces of nature that impact houses, shops, schools, hospitals and places of recreation and worship.

It is important to recognize that that community tree laws and landscape codes are the proper forum for public policy towards trees. Communities express in their tree laws, landscape codes and development regulations their official recognition of trees as an essential part of the community fabric. They should also express their concern for trees under the stress of hurricane conditions. However, no community tree law or landscape code in Louisiana, and few laws in other hurricane prone states address hurricane impact, high wind or potential storm damage caused by tropical weather systems. Why don’t tree ordinances address hurricanes?

No tree ordinances within the coastal regions of this country are hurricane responsive! No community tree law from Texas to Virginia properly put forth public tree policy in regard to hurricanes. For instance, no contemporary tree ordinance sets standards for strengthening or maintaining the urban forest to allow that forest to successfully withstand a storm’s assault. No tree policy sets standards or preferences for the selection, planting and proper care of suitable species of trees that exhibit what one researcher has described as ‘hurricane survivor trees.’ No tree policy exists that bans unsuitable tree species that have been described by the same researcher as ‘victim trees, those most likely to be damaged by rogue hurricanes. There are other aspects of hurricanes that might be mentioned in community tree ordinances. They might include tree standards that recognize the importance of preserving hurricane groves, urban forest buffers, tree canopy within public parks and community open spaces, and hurricane resistant plantings. In addition, community tree ordinances might set standards for better planting location selection, limits for fall zones, hurricane resistant species selection and recommendations for sizes, structural supports, annual or seasonal maintenance routines and arboricultural storm preparation pruning specifications. Finally, community tree ordinances might even address the control community post storm, clearing and clean up procedures, disposal , recycling and cost with the objective of strengthening the urban forest to better protect human life and property.

Determined to correct an oversight of public policy towards trees, this “green paper” points out a need for better written tree laws that consider the impacts of tropical weather on urban forests in coastal states. There are several ways that tree laws can be made more hurricane responsive. This green paper proposes to the Secretary of Agriculture and to NUCFAC that the nation should determine standards for public tree policy within local zoning law districts for tree selection, planting, maintenance and related storm protective practices in hurricane susceptible areas of the nation. This green paper proposes that code research be conducted and that draft ordinance language be crafted so as to allow for a “model hurricane responsive tree ordinance” to be written and widely disseminated to assist communities with the task of inserting proper, timely and correct tree ordinance language into existing tree and landscape laws.

Yearly, hurricanes and tropical weather systems strike the urban forest of some American community whose tree policy does not adequately prepare community forests to receive nature’s impact. This green paper proposes that public tree policy contained within community landscape codes and tree laws become more Hurricane Responsive. This may be done by the inclusion of responsible hurricane resistant standards and maintenance procedures within community tree ordinances that will strengthen the urban forest and reduce the high cost of post storm recovery and replanting that is necessary to restore the quality of life and wind storm buffering effects that trees bring to coastal communities.

II. Background To The Problem

Hurricane Loss

Tropical weather is a problem for community forests on the southern Gulf Coast and along the east coast of the United States. Hurricane stresses on trees also occur many miles inland from open water so this is a problem to hundreds of cities across the nation.

Wind storms cause damage to canopy trees that grace coastal landscape. Trees were heavily damaged by wind, wave and salt water intrusion during Hurricane Katrina in August 2005. With Katrina’s 100-130 mph winds seventy five year old loblolly pines were snapped, fifty year old red oaks were overturned and other hardwoods were broken, twisted or deformed in un-imaginable ways. Every tree was de-leafed, de-twigged and many were made branchless. Magnolias, hollies and tupelos and other species native to the coast landscape survived the assault fairly well.

Hundreds of thousands of homes have been demolished or rebuilt in St. Tammany, St. Bernard, Plaquemine, Orleans, Jefferson, Terrebonne, Calcasieu, Lafayette and Vermilion Parishes making these the most impacted communities in Louisiana due to Katrina-Rita. Many of these homes were damaged from uprooted or structurally compromised trees or non-native exotic trees that were planted too close to human habitation. Nearly every road in these coastal Parishes were impassable immediately after the storm due to tree fall and therefore hampered public safety and rescue operations. Millions of cubic yards of debris have been hauled off from Parish right of ways, public property and private garden and quickly disposed of in environmentally unwise ways. Much of this was debris removal was downed trees. The state was not prepared for this kind of tree loss. Community tree laws are not Hurricane Responsive and are not written to reduce risk from Hurricanes.

The Louisiana Office of Forestry estimated that 75 percent of the tree canopy was lost in Louisiana’s most heavily forested coastal Parish. St. Tammany, Parish was a heavily forested suburban community on New Orleans north shore of Lake Pontchartrain. On some tracts of forest in this Parish at waters edge, such as in Fountainebleau State Park, tree canopy loss exceeded 90 percent. In the coastal village of Mandeville, whose pre-storm urban forest canopy exceeded 80 percent coverage, this author has observed extensive canopy reduction. A community of fully shaded streets, parks and private gardens is now more fully open to sunlight.

Suburban communities in other states have seen similar losses from hurricanes, but perhaps not as severe. Charles Livio, Horticulturist, I.S.A. Certified Arborist with the

Parks and Recreation Department in City of Oakland Park, Florida has noted similar urban forest reaction to hurricanes. Livio writing in his paper Replanting Our Urban Forest, Lessons Learned From Hurricane Wilma that destruction caused by hurricane Wilma produced a tree canopy loss of about 35% in parks and around City properties. Livio went on to note that the tree canopy loss in residential neighborhoods was similar.

Trees along streets, within parklands, in shopping centers and in subdivisions can all be impacted by tropical weather. Storms can remove favorite trees from gardens, cause trees to fall on homes and autos and flatten tracts and swaths of forested land. Inundation by tidal waters can change root zone chemistry, changes that can also lead to the death of certain species of trees. Tornados, lightening strikes and wind tossed debris add to the problem caused by tropical weather systems that work to undermine and radically change the coastal forest. Community forests, public parks and private gardens are even more susceptible when the go un-maintained for years.

There have been several studies in recent years on the effects of coastal storms on vegetation. One study prepared by LSU following hurricane Andrew examined how property owners can prepare their private garden ahead of time to prevent excess wind damage. This study and several others that have been done since indicate that windstorms and coastal flooding will remove weak, declining and unhealthy tree stock. These are the first to go. Healthy, well-maintained and younger trees have a better chance of surviving coastal storms. From empirical evidence brought forth in the several studies, certain species fare better in coastal storms than others. Younger trees, trees with special structural qualities and trees planted in groves are more apt to be ‘survivor trees.’

Livio, in the paper cited above also had observations from hurricane Wilma that are insightful.

He points out that trees with trunk and branch defects did worse in the hurricane than the same species with a well balanced structure. His observation is based on seeing many damaged trees due to co-dominant leaders with included bark, crossing branches and trunk decay. Included bark occurs when two or more co-dominant leaders grow at a narrow “v” angle to each other and develop bark internally. This creates a point of weakness. This defect of trees never fully joins but instead develops a fissure crack. Fissure cracks on old trees are likely to fail in a storm.

During Wilma the planting site was also very important. If the property is low and poorly drained then certain trees like bald cypress, elm, tupelo and red maple are good choices. If the planting site property is high and dry then oaks become a better choice. On sandy dry area palms grow well and can thwart most winds and tidal inundations. Trees planted in the right site will usually be healthier and less prone to storm damage, especially blowing over. Another planting site consideration is the space for the root zone. Roots draw up water, nutrients and anchor the tree. If the planting area for that large maturing tree is a narrow strip or a small area as seen in many parking lots, then it is no surprise when the tree blows over in a hurricane. Trees that have circling, girdling roots also show a high rate of failure. Trees with circling roots blow over easily.

Trees planted in irregular groups of five were noted by Livio to perform better in the high winds than trees planted as specimens. Groupings of trees help to protect each other from damage, just as they do in a natural forest. Palms too perform better in groups.

Maintenance tree training and quality plant selection are also important factors effecting tree failure in hurricanes. Trees and palms need proper planting and staking, fertilization and watering for the first few months following installation. Trees, palms and other plants recover from storm damage quicker if they are maintained to be in good health. As young trees develop, tree training should be performed to help the tree develop an open, well balanced structure that will make it more wind resistant. An experienced arborist /tree care professional, perhaps a member of the ISA, can easily determine which parts of the tree should remain and which should be pruned away to allow the tree to grow better in hurricane prone situations. Poorly trained tree service companies that “hatracking, topping and over lifting trees” actually can make a tree more susceptible to hurricane damage.. Many community tree laws ban these forms of tree trimming that result in disfigured trees, decay and re-growth that will make the trees more storm damage prone in the future.

It is important to select quality tree stock. Coastwide, when ever possible young trees should be selected at the nursery that meet or mimic Florida Grades And Standards for Nursery Stock. Well balanced and branched trees with well developed roots and no visible defects are noted by many arborists as being more hurricane resistant. However, grades and standards for nursery stock do not apply to maturing trees. No one has ever conducted a study to show that plants that meet Florida’s Grade #1 standard fair any better after twenty-five years than a plant of the same age and species that was of an inferior grade such as Florida #2 or Cull grade. ( Florida Grades And Standards For Nursery Plants, Florida Division of Plant Industry.)

Hurricane Resistant Trees

A profile of the perfect wind resistant tree that will survive low category storms paints a picture of a tree that can withstand moderate hurricane winds and offer protection to homes, gardens and private property. We know for example that after every windstorm, damage to trees can be expected. This damage may take the form of de-leafing, branch removal, severe structural damage or terminal death of the tree.

 De-leafing occurs where leaves are either blown away or desiccated by fast moving wind. Desiccation, the forced removal of oxygen from leaves will cause leaves that remain on the tree to wither and fall off within days. Normally within hours or days, the tree will send up a new generation of leaves to replace the old and carry on the business of capturing sunlight.

Branch breakage is caused in weak wooded trees. Stronger storms, those with winds below 100 mph may cause twig removal and branch breakage. This type of damage will litter the yard but will not cause major problems to the tree. Minor pruning can remove any hanging branches or branches that are holding dead leaf matter.

Severe storms such as Cat two and three hurricanes, with winds over 100 mph can cause major structural damage to trees often leading to disfigurement. Major branching, prime leaders and the trunk of the tree itself can be twisted, split or cracked. Professional arborists can treat this type of damage and insure the life of the tree. Arborists can remove broken limbs, reshape leaders, treat minor structural damage, lower the center of gravity of the tree and reshape the trees outline to improve it appearance. The tree will show scars but can function for years after the storm.

High winds, those coming out of Cat three and four storms or from tornados that are often spawned within hurricane fronts, cause major structural damage, severe wood splitting, trunk twisting, uplifting and bole snapping all of which can result in loss of the tree. In some instances if expert arboricultural practices are performed quickly and the tree is of a forgiving species, the tree can be pruned, anchored and severely trimmed to new form. Quick action will often save the tree but the scars of the storm will remain. Many examples of these survivor trees can be seen in Louisiana communities. They are part of our native landscape. They are an important part of the visual character of community urban forests near the sea.

Very strong storms, those with wind speeds above 150 mph cause terminal damage to the urban forest. De-barking as a result of sand and stone throw will in itself strip the tree of its protective bark leading to tree termination. Structural breakdown, uprooting, over-throw, stem splitting and saturated soil failure also lead to the death of the trees. Trees are often overturned and uprooted during these storms and must be replaced and should be replaced with more hurricane resistant vegetation.

Professor Coder of the University of Georgia sums up hurricane damage to trees in his paper published by U of G Extension as Circular 806.3/1995. Coder in Storm Damaged Trees, Prevention and Treatment, says there are six main types of storm damage to trees. They include blow over, stem failure, crown twist, root failure, lightening strike and branch failure. These observations are consistent with the description above. He suggests that some trees are biologically engineered to better withstand wind loading. Citing a U.S. Forest Service report Tree Species Resistance To Storm Damage, AS-FR 20, USDA 1982, he points out that the more wind resistant tree species include trees like longleaf pine, live oak, baldcypress, blackgum, sweetgum, red oak and magnolia. These are all good garden trees for the South if given enough room to grow and properly maintained. What not to use according to Coder? He would place on a banned tree list such trees as boxelder, ash, basswood, white oak, yellow poplar, hickory and red maple.

New studies of trees following hurricanes offer new knowledge into the way vegetation reacts to hurricane storms. We know from studies of storms like Camille 1969, Hugo 1989 and Andrew 1992 that the trees that come down during storms are always the weakest and most misshapen trees in the area. They are often non-native trees unsuited by nature to our exposed coastal landscape. This type of tree is often called a ‘victim tree’ do to it inability to withstand tropical weather. Classic victim trees area often of inappropriate species, not arranged in protective compositions and have had been poorly maintained with little if any pre-storm arboricultural practices. See Notes on Hurricane Andrew in Storms Over The Urban Forest published by the USDA, Northeastern Area and related organizations. Trees that are often snapped, broken or overturned are often found to be diseased, hollow and rotten in the core, old and in decline and severely imbalanced. Many of these trees have had severe root pruning from sidewalk construction or the installation of underground pipe, line and cable. Many trees that come down during storms show scars from mankind’s interference and carelessness during construction.

Healthy and well-maintained trees and well composed urban forests have a much better chance at surviving tropical winds. Poorly maintained trees and those not native to coastal landscapes will have a hard time surviving hurricanes and their removal and disposal creates a tremendous problem for cities within hurricane prone regions.

Also see Wind and Trees: Surveys of Tree Damage in the Florida Panhandle after Hurricanes Erin and Opal by Mary L. Duryea of the University of Florida Cooperative Extension Service. A related publication providing content for this publication is well worth reading. See Duryea, Blakeslee, Hubbard, and Vasquez. 1996. Wind and trees: A survey of homeowners after Hurricane Andrew. J. Arboriculture 22:44-50.

Many of these lessons were also observed following Hurricane Katrina and Rita that struck the Texas-Louisiana-Mississippi coast in August and September of 2005. These two storms have caused more damage to trees than any storms in recorded history. Tree damage and tree debris removal has been a massive problem. These storms have destroyed acres of protective coastal marshland that in turn protected community forests within such cities as Lake Charles, New Orleans, Slidell and Mandeville, Louisiana as was Bay St. Louis, Long Beach, Gulfport and Biloxi, Mississippi. Community forests in these communities are more exposed to hurricanes than ever before.

It is interesting to think about one simple fact. If we can profile a victim tree and describe a survivor tree and provide recommendations for strengthening the urban forest to face hurricane events, why do local tree laws not address this issue?

Hurricane Resistant Tree Selection

What is the perfect wind resistant tree for Louisiana, the gulf coast, South Florida and the Carolinas? Arborists and horticulturists in Louisiana and other coastal states are working to define hurricane resistant trees. See Homeowner’s Guide For Coastal Landscapes published by the Mississippi Forestry Commission for practical advise on plant selection, adaptability and wind resistance. This document makes recommendations for trees that can survive high wind and saltwater intrusion. They point out that plants should be adopted for hardiness so that they will better perform during high wind or flooding. The also recommend that wind resistant trees are characterized by having low centers of gravity, durable taproots and well developed secondary root structure. They introduce the idea of “tree fall zone” in which wind buffering trees should be planted a mature height distance away from homes and breakable private property.

Another recent document also promotes the use of hurricane resistant trees. Smart Growth in Urban Forestry, Using Hurricane Resistant Trees, published by the Alabama Cooperative Extension Service also provides recommendations. One of the more important observations from the Auburn study is that hurricane resistant trees are more aerodynamically formed. This will allow maximum wind penetration without creating and excessive lateral load on the canopy of the tree or the structure of the root ball.

Native trees, particularly those with wide spreading branches, low centers of gravity, strong deep penetrating root systems, and small leaf size seem to hold up better in tropical storms! Especially, if they are found growing in mixed groves of trees. Lone growing solitary specimens have less wind resistance than massed trees.. Trees like live oak, cypress, crape myrtle, winged elm, magnolia, tulip tree, tupelo, ironwood, red oak, American holly, sweetgum, sycamore vitex, and hickory hold up to tropical storms better than most. Palms such as cabbage, Mexican fan, pindo and canary island date palms not only stand up to wind, but do not seem susceptible to salt water intrusion.

Professors Edward Gilman, Mary Duryea and others of the University of Florida offer some of the best recommendations for making the urban forest more wind resistant as part of their Urban Forest Hurricane Recovery Program following Hurricane Katrinia-Rita in 2005.

They point out several practices that will help establish healthy trees that will make the urban forest more able to with stand coastal winds such as low Cat hurricanes. They recommend planting the best quality tree that can be found from a published list to species that have successfully withstood hurricane winds in the past. Quality should be based upon or emulate quality guidelines as published in Florida Grades and Standard For Nursery Stock. These trees should be planted in well-proportioned groves with ample root space aerial space and appropriate soil properties all of which will strengthen the individual tree and the grove itself. Trees should be planted to produce a variety of species, ages and layers of vegetation that increased plant material diversity in the area of the planting. Mono-culture planting is not recommended. And finally, the researchers from Florida recommend that the community or land owner establish a structural pruning program early in the life of the tree. This will allow for tree training in which the main structure of the plant will be encouraged, competing stems will be eliminated, branches can be reduced in length as well as wind load resistance. Proper pruning of the most successful native coastal species can keep the tree lower in height, more compact and with a texture that is more suitable for wind filtering rather than blocking.

It might be pointed out the simple way to make a forest more hurricane resistant is do it one tree at a time or one grove at time. Properly planted and positioned groves of hurricane resistant trees can protect private property and offer a small measure of human safety. Particularly with low Cat storms.

In the document Appendix D, Urban Forests, Vol. 13. No. 1, February-March 1993, Ann Semrau points out that flooding can damage trees in two ways. Damage can occur as a result of toxins and oxygen starvation in the root zone. The duration and intensity of storm as well as the saturation percolation rate of the root ball zone heighten damage. Extra saturation by heavy rain prior to strong winds often will overturn root balls. Some small trees with small root balls can be righted immediately after the storm with pulleys and tackle because the root ball is saturated and will allow the root ball to up-turn as easily as it was down-turned.

FEMA also makes recommendations for making the urban forest more hurricane ready by proper pruning prior to the storm. The University of Florida, Institute of Food and Agricultural Sciences in its publication ENH 64 follows a series of documents by the Department of Environmental Horticulture. In this revised version of the document first written in 1985, Derek Burch describes How To Minimize Wind Damage in South Florida Gardens. This document follows upon FEMA’s advise with more practical pre-storm pruning standards for wind resistance. Burch recommends that pruning should sculpt a tree to with a central leader and a wells spaced frame work of secondary branches up and down the trunk. The pruning process should remove all dead and diseased or damaged wood. Any watersprouts should be removed. All crossing branches and any small branching that clutters the main leader should also be removed. Limbs of acute angles and V branching should be removed since they are a source of weakness. Some branches may be shortened by proper cuts to sculpt a more balanced crown and to make more wind resistant laterals and a stronger central leader.

This study points out that model hurricane resistant trees include mangos, geigers, minusops, live oak, mahogany, tamarind and almost all flexible palm trees. The recommend banning brittle and shallow rooted trees.

Much more practical advise comes from the horticulture industry. Jennifer Funk, writing in Ornamental Outlook Magazine, February 2005, pens a column titled Reviving The Landscape giving advise on how to deal with the aftermath of Florida’s recent hurricanes, high wind and salt water intrusion. Citing Professor Gilman of the University of Florida, the story describes five lessons or storm damage prevention strategies. These include proper site design, selection of appropriate trees and use high quality nursery stock with a strong root system. It is also recommended that a preventive pruning strategy begin immediately after planting to properly train the tree to be more hurricane resistant.

In June of 2005 Rob Northrop of the University of Florida adds to the practical advise in his story in Ornamental Outlook Magazine with his story Reducing the Risk of Tree Failure. Northup recommends selecting trees that are ‘most’ or ‘less’ wind resistant and avoiding those that have ‘worst’ or ‘unquestionable’ resistance to hurricanes. He points out from following Hurricane Erin and Opel, the evil twin sisters of Florida, that hit the panhandle in 1985 that the most hurricane resistant trees are dogwood, live oak, sand oak, sabal palm and Southern Magnolia. Less wind resistant but surely good to use include longleaf pine, red maple, pecan, sweet gum and turkey oak. Surprisingly, he recommends laurel oak, silver maple and red cedar that did not perform well in Louisiana when the evil sisters Katrina and Rita struck in 2005.

The cypress tree either Taxodium distichum or Taxodium acendens is Louisiana’s premier storm resistant tree! This is largely due to their deciduous nature, fine leaf pattern, well tapered and balanced central leader, minimal branch pattern, broadly balanced root system with their peculiar “knees,” and their native habitat along coastal margins. As a rule of thumb, the closer a native tree grows to the sea, the more hurricane resistant it becomes through the marvelous procession of adaptation and evolution. Now wonder, palms, live oak and cypress are the gulf coasts most hurricane resistant species.

What To Do To Prepare For A Storm?

Remove weak and diseased trees as well as any large trees within one hundred feet from your home or car. Prune and thin trees to give them a lower center of gravity and to lessen leaf mass. Sculpting a tree will allow wind resistance to increase. Lightly fertilize annually and be sure that all trees are growing where their root zones are covered with a good organic mass of healthy forest floor material. Watering during the drought periods of summer will allow the roots of the plants to maintain their turgor and therefore their holding power. Plant trees in groves and add ample shrub mass to deflect wind upwards. This places what is called the point of overturning pressure farther from the root zone into the area of the tree with more flexibility. One further action to protect the urban forest, remove non-native over story vegetation, keeping in mind that canopy trees in any community are composed of native trees that have withstood coastal storms in the past and will do so in the future.

Vegetation in your community offers some protection to you and your property from damage caused by low category hurricanes and tropical storms. The document Hurricane Resistant Landscapes published by Louisiana State University following Hurricane Andrew, August 25-26, 1992 (25^th Florida, 26^th Louisiana) offers a jambalaya of ways to strengthen the residential garden to make a site more hurricane proof. Ideas for strengthening the urban forest include “wind deflectors, living walls, layered plantings, protector plant groves, wind baffles, storm walls and deadman tree anchors.” In some communities in Florida, arborists believe that “shortening trees” by aggressive pruning is an appropriate way to strengthen the green infrastructure of the urban forest and make it more hurricane resistant.

The urban forest, or the trees that cover and shade the city is starting to be recognized by communities across this the nation as “green infrastructure.” That is a natural system that is integral to urban living and provides many public services from energy conservation, storm water management to hurricane protection. But perhaps more importantly a well integrated, layered and maintained urban forest ensures a quality of life existence, promotes the public health and encourages out of door recreational activities that keep people fit. Another function of green infrastructure in coastal areas is it ability to influence tropical storms and offer a modicum of protection to life and property.

In St. Tammany Parish, a healthy and strong urban forest can provide protection to life and property during tropical storms and low category hurricanes. Strengthening the urban forest to be more hurricane resistant has become popular topic of research since Hurricane Andrew in 1992. Researchers at both the LSU Hurricane Center, The LSU Ag Center and the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) are researching ways the community forests can be better prepared to withstand tropical weather. The Florida researchers have gathered empirical evidence in the field by studying the effects of hurricanes hitting the South east coast of the United States over a ten year period stretching from Andrew in 1992 to Rita in 2005. From field observation by arborists, scientist and urban foresters this group that have started to determine the factors, methods and procedures that may make a community forest more hurricane resistant. This team has isolated several factors which collectively can be called the ‘Florida Principals’ that can make a community forest more hurricane resistant.

(Assessing Damage And Restoring Trees After A Hurricane, Document ENH1036, School of Forest Resources and Environmental Horticulture, Urban Forest Hurricane Recovery Program, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, nd.)

The Florida Principles include the following.

______________________ _______________________ _______________________

Use of Qualified Tree Care Professionals

Design For Wind Resistance

Selecting Wind Resistant Species

Evaluating Trees For Hazard Potential

Knowing When To Remove or Restore Trees

Preventive Pruning Procedures

Cleaning Up After Hurricanes

Restoration Pruning Procedures

Establishing New Trees For a Wind Resistant Urban Forest

______________________ _______________________ _______________________

Figure no. ? Hurricane Resistant Urban Forests, Factors, Methods and Procedures

Communities now see that green infrastructure is similar to other types of urban infrastructure that government must maintain and manage for society at large. It takes work on the part of any community to strengthen the green infrastructure of the urban forest. Cities for decades have recognized the importance of well managed streets, carefully controlled storm water management and the provision of a variety of public utilities from electricity, to sewers, cable, water and waste. There is a similarity of need for government interest and involvement in green infrastructure as well public safety, education and streets. American Forests, the nation’s oldest conservation group has calculated that the urban forest can produce millions of dollars of benefits. In San Diego, California as an example, American Forests calculated that over twenty-six (26) million dollars of “ecosystem services” are provided in an area of 28,466 acres which are canopied with trees, chaparral and shrubs. (Stormwater Magazine, July / August 2006, Vol. 7, No. 5)

The urban forest must be properly managed by professionals and dedicated technically trained staff if it is to provide the public services needed to strengthen the urban forest to be more hurricane resistant. A “green data layer” showing the green infrastructure of the community needs to be added to the GIS system used by the community to manage all aspects of physical development. GIS is used by communities to monitor, manage and control the community’s development systems that includes transportation, sewer, water, land use, public safety and other resources. GIS can also be used to manage the urban forest. This green data layer shall map and monitor all tree resources of the urbanized areas well as locate sensitive habitats, unique natural features, public open space, parks and recreation areas. More importantly, the green data layer will help prepare the urban forest to be more hurricane resistant and less subject to damage as a result of periodic coastal storms by dividing the city into hazard zones and then setting about a procedure based upon some of the Florida principles to make forested areas more resistant.

Maintain the urban forest in your community and around your home and your trees will protect you. Maintain your trees by thinning, pruning and staking if necessary. Lowering the center of gravity of a tree is possible with certain species and not so with others. Replace tall gangly trees with lower ground hugging spreading trees wherever possible. Pay no attention to the forest in your community or garden and the next tropical storm that comes along will have its way. Healthy community forests forming an over story vegetation canopy and growing as a windbreak reflect, deflect and filter strong winds. Green communities will slow the wind offer some protection to your homes and will provide cover for urban wildlife that also must survive the storm. But this will only happen in communities with favorable public policy toward trees.

Hurricane Resistant Site Planning

Tropical weather poses requirements upon site designers to consider several factors that often go unconsidered.

III.Public Tree Policy.

Zoning for trees is a relatively new concept to many. Zoning for trees to make community forest more hurricane resistant, at least for low category storms and the edges of storms, is an idea that has not been tested but is certainly worth thinking about.

Cities are built according to some very specific requirements that are regulated by state law and local public policy that are included within municipal ordinances.

Zoning ordinances and building codes are the two principle tools used for building communities. Community tree and landscape ordinances are secondary tools and often are related to zoning.

Building codes set forth design standards, commonly accepted construction practices and agency requirements that must be met by builders for all types of construction. Building codes must be followed by designers, builders and contractor in order to build communities that they are safe for human occupancy. Building codes provide design standards and building specifications for such building components as occupancy use, electrical, structural, plumbing, carpentry, masonry, glazing, seismic and hurricane resistance. Standard building codes, where most life safety issues are found, do not pertain to site design. Nor do these codes provide standards or requirements for development, land clearing, tree preservation, water conservation, site storm water management or landscape construction. The building codes do not recognize trees.

Subdivision codes, are closely related to the building codes and are used to develop raw land into suburban developments. These codes apply to all kinds of subdivisions including residential, commercial, industrial and institutional. The primary concerns of subdivision regulations are lot and block sizing, lot numbering, building elevations, tract development, roadways, circulation, utilities, waste, fire, public safety as well as street naming and numbering. These codes often will contain requirements for drainage but in all cases those requirements are for ‘centralized drainage systems’ that are connected from one property to another by use of pipe, ditches and canals. Some subdivisions codes will address tree clearing or minor tree preservation. Most however do not. Most stick to essential constructed infrastructure for roads, drains, electric, gas, sewer, cable and telecommunications. Few if any include regulation for trees and there are no known subdivision codes that set standards for hurricane resistant trees, wind buffers or fence rows. In recent years however, some subdivision codes require street tree plantings and a minimal number of trees planted for each platted lot.

Zoning Ordinances are the other source of community building regulation that sets forth broad standards to promote the health, safety and welfare of the community. Zoning does this by setting design and planning standards for land use, intensity of use, building bulk, height, setback, access and parking. In recent years zoning has changed toward setting forth policies of urban design, quality of life and economic development. In the last forty (40) years, zoning ordinances have become concerned with the physical aspects of building cities that are not covered by the building codes but would include trees, open space development, water consumption for irrigation and storm water management.

Most zoning ordinances of moderate to large cities recognize trees, tree planting, tree protection and tree preservation in one manner or the other. If you examine the municipal code from any city, you will generally find a Chapter devoted to trees or trees and landscaping. The former is generally called a Tree Law and the later a Community Landscape Code. In just a few communities, very comprehensive Land Development Regulations exist. Good examples can be found in Austin, Tx, Chapel Hill, N.C., Collier County, Fl. Land development regulations in Tampa Florida for instance cover Chapter 5 – Building and Construction Regulations Chapter 13 – Landscape, Tree Removal and Site Clearing, Chapter 17.5 – Planning and Land Development, Chapter 19 – Property Maintenance and Structural Standards, Chapter 21 – Stormwater Management Chapter 23 – Subdivisions, Chapter 26 – Utilities and Chapter 27 – Zoning. As comprehensive as the Tampa Land Development Regulations are, there is no mention of the relationship between trees and hurricanes.

Tree and landscape codes that recognize trees are effective if contained within zoning ordinances and if properly enforced. As stand long public policy, tree laws are not as effective if they are not contained within the zoning ordinance.

Trees and Zoning

Trees are becoming an important aspect of zoning and planners, zoning administrators and public officials need to understand how trees are an additional site zoning concern that complements density, setback, bulk, height and land use. Planners need to know how to properly craft zoning regulations to maintain nature and its various elements such as air, climate, soil and storm water within the city. When communities use zoning to protect trees, it is important to write hurricane resistance into local tree policy regulations at the same time. Trees and tropical weather have an odd natural relationship. Trees need some protection from high wind but are better managed if hurricane responsive language is inserted within the local tree laws. When building sites are zoned for both trees and land use, trees can protect private property and human life thereby promoting public safety. This make trees an important aspect of urban design.

Zoning is the tool created to ensure community health and to allow for more livable places.

Trees bestow upon towns and cities social, environmental and economic benefits that make the community a fit place to live. Trees and other vegetation filter pollutants from air, provide shade for homes, buildings and parking lots and cleanses contaminates from storm water. Trees and preserved habitats within a community, such as a forested places, wetlands or stream bank buffers can detain storm water runoff, reduce flooding and abate the erosion of productive nutrient rich soils. Maintained woodlands, even if in little patches within cities can provide habitat for animals and create desirable living and working places for citizens. Plantings increase property value, attract shoppers to businesses and provide relief from summer sun and tropical storms.

Communities who manage their urban forests and preserve nature in the city do so through zoning. To keep a city healthy, it must be zoned to preserve trees and other vegetation and maintain an appropriate percentage of undeveloped land in which nature is allowed to fully function. And that is true for each and every building site as we will see later. Zoning of sensitive lands, lands containing many trees, is something that cities should do, and have the authority to do. But some communities do not, in that they do not understand how to zone for trees. Most tree laws when written, are not written as part of a community’s zoning policy. Few tree laws recognize hurricanes and the damage they inflict upon the urban forest canopy. These tree laws can be said to non be responsive to hurricanes.

If properly written, local tree laws can also address the use of trees as storm buffers, deflectors and protectors. Astonishingly however, few cities mention hurricane or storm protection in their community tree laws. This seems to be an egregious oversight on the part of the green industry as well as those who craft city zoning codes.

Planning commissioners and professional planners ensure that nature in the city is cared for by enacting ‘comprehensive landscape codes’ that specify minimum standards for the preservation of nature in the city. This is done especially in regard to trees and rebuilt landscapes.

Landscape regulations, often referred to as landscape codes, essentially have been written to preserve locations on building site where trees and vegetation are allowed to grow. These spaces have specific names, locations and size standards in the landscape codes and are often measured by percent, linear foot, square foot, square yard or area. Taken together, these spaces constitute the ‘geography of a development site’ and the various design components of that geography comprise the bulk of the requirements of the landscape code.

To maintain trees it is important to have site development regulations that control land clearing, encourage habitat preservation, and require tree protection of special trees, water conservation and on-site storm water management. In recent years, city after city across the nation have turned to this type of local regulatory action as a means of ensuring better site design and acceptable community design standards for its green infrastructure including street yard buffers, street tree planting areas, side buffers, rear buffers, vehicular use areas and habitat protection zones and tree protection devices all defined by community landscape codes.

Landscape codes provide for the design and planting of such site facilities as street yards, parking lots, site service areas, landscape buffers, visual screens, irrigation hydro-zones, visual screens, and design of yard plantings that serve a variety of uses. They may also provide habitat preservation areas that preserve wetlands, stream bank buffers, forest floors, waterfront yards or old landmark trees. Plantable areas are essential for any building site for which zoning regulations can be established.

Zoning for trees and places on building sites in which they may grow can complement the traditional zoning prerogatives of use, density, bulk, height and setback. Space zoned for planting are now part of the primary components of modern day zoning in communities that have enacted comprehensive landscape codes. The first step in zoning for trees is to set aside a percentage of land on each building site so trees will have a place to grow their roots and spread their branches. The fundamental truth is, without a place or sufficient space to grow, trees cannot survive in the city and that is the main problem to be solved by public tree policy. The same land set aside for planting or preserving trees can also be used for tropical storm buffers or wind deflectors.

Landscape ordinances and tree preservation or protection regulations, often called ‘green laws,’ and contained within Zoning Ordinances are being written to protect nature in the city. However, few if any address hurricane responsiveness.

Tree Regulations

While many communities enact tree ordinances merely for beauty or economic development, there are other important reasons why trees are protected by local legislation.

Tree ordinances are most often written to encourage tree plantings or proper arboricultural practices, particularly on public land. Ordinances that followed the MTM Model Ordinance published in the Hoefer, Himelick and DeVoto Municipal Tree Manual, 1972 do this.

Some of the more current model tree ordinances cover permits, mitigation and the formation of tree boards or landscape commissions. The Georgia Model Ordinance created by the Georgia Forestry Commission is a good example of a well balanced model tree law. This ordinance covers the minimal components of a municipal tree ordinance that might be found in the average Georgia city or town. Main provisions of the Georgia Model Code include intent, technical standards and administrative procedures including the establishment of a permit, bond and appeals system as well as a tree board and the position of administrator. The tree program involves public tree care, protection and public education. The development of arboricultural specifications for proper tree care is a special element of this model.

However, no mention is made in regard to hurricane and tropical weather other than in relationship to emergency conditions.

Figure 1.0 attached is a compendium of some of the more common issues addressed within community tree laws. The information in this figure was developed at Louisiana State University following a survey of over fifty tree ordinances as mentioned above. Figure one illustrates that it is rather common for community tree laws to cover such issues as intent, definitions, and reference standards. Many ordinances call for the formation of a tree board to conduct arbor day activities and develop local standards for tree protection, preservation, planting, removal and plant material quality. Most tree laws develop as system of administration to provide enforcement, review plans, issue permits provide inspection and educational services. In addition, community tree laws often provide provisions for a City Tree Plan, official city trees, historic trees and tree maintenance specifications. …

Code Provision ………………………….…..…..Purpose……………………………….

__________ CONTEXTUAL______________________ ______________________________

Short title Ordinance title and location within the municipal code

Policies Regarding Trees General policy toward preservation, .protection, plantings and tree care

Tree Care License Licenses, qualifications, fees

Definitions Technical definitions concerning the code

Purpose And Intent/Applicability Specific purpose of the tree ordinance

_ ________ TECHNICAL____________________________________________________

Tree Inventory/Tree Survey Tree Inventory and Analysis

Tree Disposal Requirements for disposal of vegetation

Hazardous/Diseased Trees Definition of hazardous trees

Tree Protection/Protective Fencing Tree protection during construction

Tree Preservation Credits Incentives toward preserving trees

Pruning/Planting Standards Technical operations toward trees

Tree Care Specifications Arboricultural operations

Tree Planting Tree planting operations

Tree Species Botanical and horticultural operations

Landmark /Heritage Trees Special tree protection and preservation

Planting Yards Required planting locations on development sites

Landscape And Tree Plans Tree plantings plans and specifications

Tree Protection Areas Preserved habitats for trees

Canopy Requirements Standards for replanting of trees

Landscape Requirements Standards for other plantings on development sites

Street And Park Trees Special requirements for public tree care

Public/Private Trees Policy toward public and private trees

ADMINISTRATIVE __________________________

Submittal of Plans Procedures for submitting review documents

Permits Required permits for tree removal/planting/pruning/disposal

Duties of Urban Forestry/Arborist Administrative staff responsibility

Duties of the Administrator Administrative staff responsibility/procedures

Tree Advisory Board Citizen Oversight/Advisory Tree and Landscape Commission

Enforcement & Penalty Corrective Mechanisms

Hearings and Appeals Public Notice and Due Process Proceedings

Emergency Waiver Requirements concerning trees under special conditions

Severability/Repealer Disconnection of Faulty or Contested Language

Effective Date Time That Ordinance Takes Effect

__________________ ______________________ _________________________

Fig. 1.0 Common Tree Ordinance Provisions, Louisiana State University *

* From LSU Tree Ordinance Database of Fifty Community Tree Ordinances

An additional source of information about the content of tree laws can be found in a document published in California and promoted by the ISA (International Society of Aboriculture), Guidelines for Developing and Evaluating Tree Ordinances, 2001. No mention is made of hurricane resistance or hurricane responsiveness found in the tree laws surveyed. Recommended tree ordinance provisions can be seen in Figure 2.0 below.

The City of Germantown, Tennessee requires most of these criteria but no mention is made of trees and heavy weather such as drought, tornados, ice damage or insect infestation. No reference is given to hurricanes, flooding or high wind.

Code Provision …………………………………………………..Purpose………………

__________ CONTEXTUAL______________________ ______________________________

Title Ordinance title and location within the municipal code

Findings Statement of Need for the proposed Tree Ordinance

Purpose and Intent Statement of specific needs for enactment of the Tree Ordinance

Definitions Technical Definitions Used In the Tree Ordinances

Determination of Definitions Reference to Definitions

Jurisdiction Applicability of Tree Ordinance

Policy Regarding Trees Specific Public Policy Toward Trees

Local Government Disclaims of Liability Indemnification of the Public

_ ________ TECHNICAL_(Goals)______________________________________________

Conservation of Forest or Woodland Resources Technical Requirements for Tree Conservation

Establishment of a Tree Commission Authority, Power and Duty of a Public Tree Board

Resolution of Conflicts between Structure & Trees Technical Issues Concerning Encroachment & Spacing

Exemption from Solar Shade Control Act Exclusion of Public Law for Solar Access

Responsibility of Property Owners Responsibility of Owners toward Trees

Help For Citizens with Maintenance Public Assistance to Citizens

Topping Prohibited Arboricultural Services Technical Requirement

Planting Requirements Technical Standards for Tree Planting

Public Nuisances Identification of Public Tree Nuisances

Abatement of Hazards Hazard and Liability Abatement

Harming Public Tree Prohibited Public Tree Protection

_ ________ ADMINISTRATIVE______________________________________________

Administrative Responsibility City Responsibility toward Tree Program

Licenses of Private Firms Licensing of Tree Service Firms and or Arborists

Interference with Tree Operations Interference with City Arborists or Tree Crews

Permit Required Tree Permits Required for Proscribed Activities

Procedures to Resolve Disputes Dispute Resolution

Standards for Resolution of Disputes Dispute Resolution

Enforcement of Tree Dispute Resolution Dispute Resolution

Apportionment of Tree Dispute Resolution Costs Dispute Resolution

Notification to Future Owners Tree Responsibility

Appeals Public Appeal Process in Regard to Tree Policy or Administration

Penalty for Violation Penalties

Enforcement Enforcement Procedures

Performance Evaluation of Ordinance Public Evaluation of Program Activities

Severability Removal of Offending Ordinance Language upon Appeal

__________________ ______________________ _________________________

Fig. 2.0 ISA Recommended Tree Ordinance Provisions*

· From the document-Guidelines For Evaluating Tree Ordinances

Other tree laws are written to protect existing trees, especially native trees or native habitat. Tree ordinances from Austin and Southlake Texas are good examples of this. Collier County, Florida has written their tree ordinance to protect native habitat. Mean while still other tree laws are written to preserve or rebuild community tree canopy. Many tree laws in Georgia do this. Tree ordinances from Gwinnett and Fulton County are positive examples. Other reasonably written tree laws that do not mention urban forest strengthening include Palo Alto, CA, Lexington, SC, Orlando, FL as well as Charlotte and Raleigh NC.

Many communities in Florida and in the west base their tree regulations around water issues. Lake Mary and St. Lucie County, Florida have crafted ordinances to conserve and reuse irrigation water that is in short supply in this sandy state. Collier County on Florida’s west coast and Volusia County on the east coast both require on-site storm water management and have standards that call for on-site storm water facilities that are locally called ‘water management areas.’ These water management areas are installed within buffers, in parking lots and within interior open spaces of each development site to allow water to percolate into the soil.

Water quality problems are a problem in several parts of the nation and tree ordinances have been written to do something about that. Maryland, New Jersey and Virginia codes have recognized this problem for over a decade so many of their local codes call for forest preservation and the use of buffers along every stream and water body. The forest preservation ordinance from Howard County, Maryland is widely known and is typical of those trees laws that are meant to preserve native forests to enhance water quality in the Chesapeake Bay.

Water soaked and flooded Louisiana is exploring on-site storm water management. Too much water and water quality impairment is a problem in Louisiana so the Louisiana Department of Environmental Quality is working on a ‘model landscape code’ that will green cities and help clean the state’s coastal waters. The model may set a new standard in pairing up trees with storm water management.

Soil erosion and sedimentation are mentioned in most of the Georgia tree ordinances

The Tree Ordinance as Public Policy

Tree laws are public policy toward trees. Communities such as those seen in the LSU Tree Ordinance Index, Figure 2 below that have enacted tree and landscape laws are concerned about nature in the city. What constitutes public policy as contained within a community’s tree law?

A typical tree ordinance consists of articles, sections and sub-sections that do several things to express public policy toward trees.

In the first instance they should define why a public tree policy is important. Secondly they should set or provide the standards by which the community will be held to the policy and finally a good community tree ordinance proscribes the administrative procedures by which the policy will work to carry out the intent of the ordinance.

A typical tree ordinance such as the one from Dalton, Georgia might be used as reference to what a reasonable tree law might provide as public policy toward trees..

First the tree ordinance should provide the title, purpose and intent of the law as well as provide definitions. In addition, it is clearly with the context of the law to state potential conflicts with other laws and severability provisions should a constitutional condition arise as a result of the language contained within the law.

Secondly, a well-written tree ordinance will set forth technical standards that should be followed to fulfill public policy in regard to its urban forest canopy. Technical standards should be provided for tree surveys, tree protection, tree preservation, planting and removal. This is the heart of a community tree law but there are other technical provisions that should be written into the policy. Included might be provisions for landmark trees, pruning, topping, arboricultural services and specifications. In addition and ordinance such as the one in Dalton provides technical criteria for roads, utilities, hazards, disease, and tree injury and damage violation. Private and public trees will generally be addressed here.

Finally, a well-crafted ordinance will set forth a sound administrative structure for the tree ordinance. Articles that might normally be found include enforcement that would revolve around permits, inspections, plan review, violations, penalty and appeal. It is important the emergency situations should be addressed. Finally, administrative procedures are only as good as the people involved with public policy. The Dalton, Georgia tree law provides for the creation of a public tree board and gives it powers and duties. It falls short of requiring that a position of community arborist or landscape architect be created to administer the law. Some ordinances are written where this person is the city’s contact on all issues involving trees and is in charge of a city tree or landscape crew. In addition, it is often within the job description of this administrator to work with the public, provide education services and assist local officials with all problems and complaints regarding trees.

And lastly it is important that public tree law be contained within the community landscape code. This puts trees into the zoning ordinance where the real police power lies in every local village town or city. The landscape code is largely about replanting and rebuilding the urban forest in regard to buffers, site open space, parking lots, screening, on-site storm water management and site clearing. It is logical that the two prime community green laws be kept together.

Hurricane Responsive Tree Laws

Few if any tree ordinance address hurricanes and tropical weather.

Some of the Florida cities recommend but do not require in their tree laws that developing fruit and large nuts from palm trees be removed by June 1^st of each year. Local tree companies recognize that fruit and nuts can become high impact projectiles during hurricane. Many communities define poor arboricultural practices in tree abuse clauses and realize that these practices can make urban trees less resistant to high winds. Other communities address trees in flood zones or in high hazard beach areas. Many tree ordinances only mention hurricanes in regard to “emergencies” and the language here generally suspends the provisions of the tree policy during tropical weather events.

Tangential reference is made in some communities. There are also ‘clean site’ ordinances such as found in Ord. 2784, effective 4.27.05 in Bradenton, Florida that require contractors to prepare building sites within twenty four hours of the issue of a storm watch. But language specifically in regard to trees is absent. Even Pasco County, Florida’s recently enacted Hurricane Preparedness Ordinance, Division 7, Chapter 78 Pasco County Code, mentions tree only indirectly. Trees as a problem or protective feature is not recognized in this location.

From a brief survey of fifty tree ordinances at Louisiana State University, the author of this green paper was unable to find any that addressed hurricanes and tropical weather in a positive proactive way.

Local tree laws fail to recognize hurricanes and their impact upon individual trees and the urban forest of coastal communities. They also fail to recognize that maintenance and proper planting is a key to building a more hurricane resistant urban forest.

Code language in regard to hurricanes is just not there. However, several related sections or articles can normally be found that could easily be modified. Several common clauses related to hurricane prone region’s ‘responsiveness’ to tropical weather and hurricanes include the following.

The purpose and intent clause Sec. 8.1 of the Gulfport MS tree law sets forth reasons why it is in the public interest to regulate, control and promote the planting of trees. However, not mention is made of hurricanes and their impact upon trees or a trees ability to deflect, buffer and channel wind. In a similar vein, an expanded purpose and intent clause found in the Mandeville , LA, Sec 9.0 CLURO, comprehensive land use regulation ordinance seven categories of reasons are given for the purpose of the tree law. One of these several reasons is environmental yet no mention is made of hurricanes coming in from the sea. In another example, the Salisbury NC statement of environmental intent makes it clear that the purpose of the tree law is to better control soil erosion, reduce the hazards of flooding, stabilize the ground water tables, absorb carbon dioxide, supply oxygen, provide shade for cooling, screen noise, dust, glare, and preserve, protect and enhance the natural environment. Yet no mention is made of east coast hurricanes. Even the design principles clause of the Panama Beach, Fl does not mention the design of tree plantings as storm buffers although they do state that landscaping should be used to provide windbreaks, channel wind and increase ventilation. They do recognize wind.

One of the oldest tree laws in the South, the Mobile Tree Act, Act no. 929 enacted by the state legislature in 1961 for the City of Mobile, AL forms the Mobile Tree Commission. The purpose of the Commission is to protect the tree canopy of the community. However the state enabling act does not mention the importance of the community’s urban forest canopy, primarily Quercus virginiana as a hurricane buffer. In a similar vein, the charter of the Gautier, MS Tree Board, as noted in the tree board charter and authority clause allows the Board to formulate plans and programs that would promote the preservation of significant trees within the city and advise on all issues dealing with the management of trees on public properties. No mention is made of the Boards authority to husband the urban forest of this ecologically unique gulf coast community in order to make the urban forest more hurricane resistant.

After the review of approximately forty coastal tree ordinances from Texas to Virginia few hurricane responsive references were found. The only reference to hurricanes consistently found in the ordinances was in regard to emergency situations of which hurricanes, tropical storms and tropical depressions would all apply. This common reference is a referred to as a suspension clause. The main purpose of this type of clause is to suspend the requirements of the tree ordinance at the time of emergencies. The requirements of this clause may be waived by the mayor and city council, or in some instances the planning director or public works official during the emergency period so that the requirements of the tree law would in no way hamper private or public work to restore order in the city. Under conditions of suspension, all preservation, removal, pruning, clearing regulations or tree removal permits become null and void during times of emergencies, such as windstorms, ice storms, fire or other disasters. It is curious that hurricanes are not even mentioned in the suspension clauses of the tree ordinances from the cities of West Palm Beach County, FL, Gulfport MS and Fort Pierce, Fl.

There are other clauses within the typical tree law that might tell us if a community’s tree law is hurricane responsive. These other clauses deal with tree selection, planting and preservation. Ordinances in Brevard County, FL deal with palm plantings while requirements are given for dune plantings or dune protection in Sanibel, Sea Ranch Lakes and Destin,FL as well as Walton County, FL and Orange Beach, AL. Filling for bed construction within flood zones are mentioned in Orange Beach, AL code.

Some codes have special clauses that designate flood prone areas. A typical clause in Pembroke Pines, FL for instance identifies special flood hazard areas as defined by the Federal Emergency Management Agency Flood Insurance Rate Map. Florida in general has established a ‘coastal construction line’ that preserves dune areas and limits location of construction.

Other planting clauses from various communities provide requirements for planting street trees (Houston TX), parking lots (Sugarland TX), open space (Lake Charles Calcasieu Parish, LA, and swale tree planting (Sunrise, FL). Walton County, FL as and example of a special street planting has a scenic corridor planting requirement that requires a proscribed number of trees and shrubs to be planted per one hundred linear feet of roadway along the principle coastal road Route 30 A. However none of these planting clauses mention the planting of hurricane resistant tree species although many communities mention the planting of native species. Communities that require native tree planting or preservation include Mandeville, LA, Broward County and Panama Beach, FL. Interestingly, planting requirements in Coral Springs, FL and Sea Ranch Lakes, FL require the planting of trees to buffer the effects of high winds. This is one of the few references in the codes that mention high wind. Now the tree law from Coral Springs, FL is relatively recent and that may explain that communities are becoming more concerned about planting the appropriate tree in the right spot. Orange Beach, AL as well as other communities within hurricane prone areas protect mangrove areas.

Native South Carolina coastal plain trees are specifically mentioned in the Folly Beach, SC tree ordinance.  This community points out that native trees are much better adapted to coastal landscapes without mentioning hurricanes specifically

Minimum planting area sizes are generally addressed in community tree laws. Richland County, SC for instance sets a minimum size space for planting trees, for planting within vehicular use areas and for planting trees within medians. When planting trees in groves minimum spacing must be twenty-five feet on center.

But there are other clauses within existing tree ordinances that touch upon concerns of high wind and tropical weather but fall short of being hurricane responsive. They include the removal of the natural forest communities clause in Homestead, FL, hatracking clause South Miami, FL, tree topping clause Salisbury, NC and coconut palm removal clause in Key West, FL. Many communities in which palm trees are used define tree abuse of palms as the removal of any palm frond that exceeds the horizontal. Known as “hurricane cuts,” removing these palm leaves have serious consequences on the future healthy growth of the palm. Monica L. Elliott and Timothy K. Broschat Of the University of Florida, Fort Lauderdale Research and Education Center write about palm care in their paper Hurricane-Damaged Palms in the Landscape: Care after the Storm, dated June 2006. They point out that the growing point of a palm is the apical meristem, often referred to as the palm bud or palm heart. It is located at the top of the trunk, surrounded by the leaf bases. All new leaves come from this bud These leaved feed the development of the trunk at the point of the palm heart. If vertical palm leaves are removed the bud can be severely damaged, new leaves will fail to develop, and the palm eventually will die. A narrowing of the trunk takes place in the vicinity of the bud where hurricane cuts are made

Many communities have tree removal clauses. Some clauses are for the removal of damaged trees and some for the removal of non-native trees. No community however requires tree removal because the tree species is known to be non-hurricane resistant. Most community tree policy should identify trees that are somewhat hurricane resistant and ban those known as victim trees, those that are usually non-native, weak wooded and or considered exotic. Tree ordinances clauses such as the nuisance clause Marco Island, FL., banned tree clause Broward County, FL, specific hazard tree clause Longboat Key, FL, tree selection clause Gainesville, FL and the native plant species clause Myrtle Beach SC are examples. Yet it is interesting to note that no community specifically bans trees that are known hurricane victim trees.

Many communities do set planting standards but not specifically to strengthen the urban forest as a hurricane buffer. Clauses from tree standards clause Baton Rouge, LA, standards based upon points Savannah, GA, tree grading clause Conroe, TX, pruning clause West Palm Beach County, FL, tree canopy coverage clause Covington, GA and Charleston County, SC, do this. The tree preservation standards clause from Conyers, GA and the design standards clause form Panama Beach, FL also provide standards but none of them are based upon making the tree ordinance more hurricane responsive.

It is common for communities within hurricane prone areas to define trees, tree shaping, overlifting and pruning. However, no mention is made that this is in precaution or seasonal maintenance activity for hurricane season. Pembroke Pines, FL is an example of a community that sets standards for these tree related actions.

There are a few other commonly found clauses within community tree ordinances that touch upon subjects that can be considered hurricane responsive, yet they do not name tropical weather as a nexus. Some of these clauses that could easily be linked to hurricanes include the tree protection clause Ocean Springs, MS, tree replacement clause Plantation, FL and the tree abuse clause Coral Springs, FL.

To summarize it must be again mentioned. This survey of tree ordinances clauses from the Gulf and Atlantic coastal states makes it apparent that community tree laws do not consider hurricanes and their effects upon the urban forest canopies. There must be a reason for this oversight. It is important that communities use their tree laws to demonstrate public policy in regard to the important function of a well maintained and strengthened urban forest canopy. Hurricane responsive public policy will demonstrate that the urban forest plays a role in protecting human life and property in the community while reducing post storm vegetation clean up costs.

IV. A Hurricane Responsive Tree Ordinances

Stucture Of The Ordinance

A hurricane responsive tree ordinance can be built upon the bones of any community tree ordinance in existence by simply adding in specific articles, sections or subsections dealing with a variety of hurricane related concerns. In this discussion, the follow hurricane responsive ordinance is built upon the bones of a model ordinances written for use in Louisiana several years ago to promote better urban forestry practice in the state. This model ordinance which is contained on the LSU Green Laws Web Site can be used as a starting point to draft a local hurricane responsive tree ordinance. Text can be added or can be deleted to serve the purposes of each community. With a little adjustment to the text, this model structure can be used in nearby states with similar growing conditions or similar social, political needs. The model used below has been updated and slightly revised reflecting changes in community tree ordinance technology since the original LSU Model Tree Ordinance was written in the early 1990’s.

The model contains three parts based upon the accepted structure of a landscape ordinance contained within the publication "Guide To Writing A Landscape Ordinance," previously published by the Louisiana Association of Nurserymen. This document after surveying many green law ordinances sets a framework for ordinance structure based upon the three main things a well written ordinance must accomplish. That is a well crafted ordinance must describe the need for the ordinance, the technical information used by several parties and the procedure and methods that make the ordinance work efficiently and effectively.

The first sections of the model tree ordinance state the "contextual conditions" of the ordinance. What is being drafted and under what circumstances? This section places the ordinance in its proper relationship to the community and to legal codes in effect. What is the need for this ordinance, what problems are be solved? Two very important questions to be addressed in this section which is sometimes referred to as the ‘where as’ section of a ordinance.

Sections one (1) through three (3) of a hurricane responsive tree are contextual in nature and primarily set forth public tree policy.

The second part of the model tree ordinance consists of the "technical requirements" of this ordinance. Information in this section provide specific dos and don’t and applicable procedures that must be followed by several different parties to get the results that is expected from the ordinance. These parties usually involve citizens, the general public, professional tree service people that might include arborists, horticulturalists, urban foresters and landscape architects. These inner sections to a well crafted hurricane responsive tree ordinance create a tree commission, establish the town/city arborist/landscape architects and promulgate rules and requirements to manage city trees and provide technical information such as arboricultural specifications, technical standards, wind resistant strategies, and site planning methods all involving the preservation, protection, planting and removal of trees and related aspects of community landscape/

Sections four (4) through fourteen (14) set forth the technical requirements of this ordinance.

The final sections of this model, Sections fifteen (15) through twenty (20) deal with the "administrative components" of the ordinance. These are often housekeeping issues that ensure that the ordinance is understandable, complied with , enforced and carries out the expectations of the community. In these final sections of the hurricane responsive ordinance the reader will find text that describes how the ordinance will be administered, who will administer it and how the city interfaces with the public, related agencies and professional tree service companies and consultants. Enforcement, inspection, penalty, appeals, administrative guidelines, conflicts and effective date of the ordinance are typical administrative aspects which are set forth below.

The structural outline to a hurricane responsive tree ordinances, as presented here, is based in part upon contemporary provisions and language from tree ordinances and codes collected from throughout the country. Consequently, the outline ordinance is comprehensive in scope but limited in specific detail and reflects state of the art knowledge in the technical aspects of tree ordinances as they may apply to tropical weather and coastal locations. Additional detail and specific community needs may be incorporated where necessary.

Any community wishing to use this ordinance as a model may do so. It is suggested that any one wishing to use these models should consult with local experts such as an attorney, arborist, forester, horticulturist or landscape architect to work out fine details of implementation, refinement and applicability under state and local ordinances and statutes.

Because legal, political and technical aspects of this outline ordinance may vary from community to community, these experts can help adapt the models to local conditions.
This outline places contextual, technical and administrative components of the tree management ordinances in a proper and suitable order that makes reading and understanding the ordinance a much easier task.

I Contextual Conditions

Section 1 Short Title
Section 2 Public Tree Policy, Purpose, Intent & Definitions

Section 3 Occupational Licensing

II Technical Requirements

Section 4 Establishment Of A Tree/Landscape Commission
Section 5 Authority Of The Tree/Landscape Commission
Section 6 Appointment & Qualifications Of The Town/Arborist/Landscape Architect/Urban Forester
Section 7 Duties Of The Town/Arborist/Landscape Architect/Urban Forester
Section 8 Authority Of The Town/ Arborist/Landscape Architect/Urban Forester
Section 9 Technical Standards

Community Tree Plan

Natural Canopy

Community Trees, Public And Private

Community Tree Care

Hazardous/Diseased Trees

Tree Canopy Standards

Tree Preservation

Tree Protection

Tree Surveys

Tree Planting

Tree Removal

Land Clearing

Tree Care and Arboricultural Standards

Design With Trees

Storm Planning and Preparation

Hurricane Responsiveness

Emergency Waiver

Disposal and Recycling

Strengthening The Urban Forest

Planning The Hurricane Resistant Urban Forest

Pre-storm activities

Maintenance

Post-storm activities

Hurricane Resistant Trees

Hurricane Victim Trees and Their Removal

Site Planting And Landscape Standards

Streets, Boulevards and Public Places

Natural Forests

Private Lots

Fall Zone Standards

Planting Standards

Wind Buffers

Salt Water Intrusion

Section 10 Plan Review, Approvals, Permits Required
Section 11 Trees On Private Property, Significant Trees
Section 12 Abuse Of Public Trees
Section 13 Interference With The Town/Parish Arborist
Section 14 Protection of Public Trees

III Administrative Components

Section 15 Enforcement, Hearing, Penalty And Appeals
Section 16 Administrative Guidelines
Section 17 Conflicts
Section 18 Severability/Repealer
Section 19 Effective Date

Section 20 Enactment and Codification

Hurricane Responsive Elements Of a Community Tree Ordinance

A hurricane responsive tree ordinance might address the followings articles all of which would be included within the Sections mentioned above

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IIV.Goals For A Proposed Study of Tree Laws. .

Tree Ordinances in communities such as Houston, Baton Rouge, Biloxi, Mobile, Tampa , Ft. Lauderdale, Jacksonville, Savannah, Charleston, Charlotte or Norfolk do not contain any reference to hurricanes or set standards for the use of hurricane resistant species nor do they outlaw trees that are known to break up in high winds. Standards for pre-storm planning, maintenance or post storm clean up do not exist in any of these community tree laws all of which are considered to by typical of public tree policy. Lack of hurricane resistant language in community landscape laws is not a particular problem found only in Louisiana but is an oversight of consciousness to all trees ordinances in the Southeast. There is only a few landscape laws in the country that even tangentially address tropical weather and their effects upon urban forest tree canopy. This is certainly a “seasonal oversight” of those who draft and adopt local landscape laws from Virginia to Texas.

The essential goal of this project is to help American towns and cities modify their tree laws. This work will help communities upgrade their existing tree policy to be more responsive to the effects of hurricanes and to the need to properly select, plant and maintain trees that are known to be more hurricane resistant. If it is possible to make an urban forest resistant to ice storms by proper planning, tree selection, tree removal and maintenance, then it should also be possible to make an urban forest more hurricane resistant. See Trees And Ice Storms, The Development of Ice Storm Resistant- Urban Tree Populations, Hauer, Dawson, Werner. 2006 a joint publication of the University of Wisconsin and the University of Illinois. A well crafted local tree ordinance may be the means to accomplish this goal.

Objectives:

The objective of this project is to research, develop and write model language and hurricane responsive clauses that can be included within existing tree ordinances that are contained in current zoning laws and land development regulations.

Proper language inserted within community tree laws can reduce the amount of tree debris that is removed following hurricanes and can strengthen the urban forest to better withstand the impact of tropical weather. Experience after Betsy 65, Andrew 95, Katrina and Rita 05 allows us to understand that tree debris from poorly selected or maintained trees constitutes the largest amount of debris that must be cleared and disposed of following every tropical weather event. Also, as we know, the process of clearing tree debris is largely responsible for the loss of even more trees following tropical storm clean-up.

Project Location:.

This project takes place at Louisiana State University which is a statewide university. Part of the LSU System is located in the heavily impacted New Orleans area which has been rated by the Louisiana Department of Forestry as a High Priority Parish in regards to supplemental funding. Much of this work takes place in the principle investigator’s computer lab where access to community tree ordinance is available on-line. Some travel will take place to coastal cities in other states that also are subject to hurricane effects on their urban forests just to examine existing tree policy in the field and to examine current urban forest maintenance practices.

V. Problem Statement or Assessment of Need—

Statement of Problem: THIS IS AN URBAN TREE RISK REMEADIATION PROJECT that will help cities write more hurricane responsive tree ordinances.

THIS PROJECT EXAMINES TREE LAWS IN THE HIGH PRIORITY AREAS OF the gulf coast and the east coast of the united states SUBJECT TO HURRICANES IN ORDER TO REDUCE RISK FROM FUTURE HURRICANES and define ways, methods and procedures to strengthen the urban forest through the changes in public tree policy. LOUISIANA TREE LAWS, as well as tree laws thought the entire southeast DO NOT ACKNOWLEDGE HURRICANES AND TROPICA WEATHER AND THEIR IMPACT ON URBAN FOREST CANOPIES. TREE LAWS MAY BE WRITTEN TO REQUIRE THE USE OF HURRICANE RESISTANT NATIVE SPECIES AND “UN-ACCEPTABLE” PLANTING OF FRAGILE EXOTICS THAT RESULT IN TREE LOSS AND MASSIVE GREEN DEBRIS REMOVAL FOLLOWING EACH STORM. THE SAME LAWS CAN BE WRITTEN TO ENCOURAGE PRE-STORM assessment and MAINTENANCE IN ORDER TO REDUCE THE RISK AND COSTS OF TREE FALL DURING TROPICAL WEATHER EVENTS. 
 
HOWEVER, NO “MODEL HURRICANE RESISTANT LANGUAGE” EXISTS THAT WILL PROVIDE A TOOL FOR COMMUNITIES TO ADapt THEIR PRESENT TREE LAWS TO contain HURRICANE RESISTANT STANDARDS. 
 
There is certainly a need for this type of research. IN FACT, from Texas to virginia NO articles, clauses or technical STANDARDS can be WITHIN OUR TREE LAWS THAT EVEN RECOGNIZE HURRICANES LET ALONE SET FORTH TECHNICAL STANDARDS OR ADMINISTRATIVE PROCEDURES. It is essential for tree laws to recognize the importance of preserving hurricane groves, forest buffers, HURRICANE REISTANT TREE PLANTING, PLANTING LOCATION selection, DEFINITIION OF OVERTURN ZONE, SPECIES SELECTION and RECOMMENDATIONS for SIZES, STRUCTURAL SUPPORT SYSTEMS, ANNUAL OR SEASONAL MAINTENANCE routines, arboricultureal specifications, CONTROL of POST STORM CLEAN UP, DISPOSAL, RECYCLING AND COSTS WITH THE IDEA OF PROTECTING HUMAN LIFE FIRST AND STRENGTHENING THE URBAN FOREST SECOND. 

THIS PROJECT PREPARES SUCH LANGUAGE AND WILL MAKE LOUISIANA TREE LAWS THE MOST HURRICANE RESPONSIVE IN THE UNITED STATES.

Project Proposal Objectives—List specific, measurable outcomes that will result from this project proposal if completed. Objectives should be directly linked to the problem statement.

The principle measurable product from this project includes model tree law language and a ten page printed document summarizing the subject of this work. Making this information available though the LSU Green Laws web site, TreeLink.org or other suitable publicly accessible outlet will satisfy the objective of this research project.

Project Scope—Provide detailed information on how the project will be carried out. Include timelines and names of individuals assigned to tasks.

1. Survey of coastal community tree ordinances. This part of the work will allow the principal investigator to survey at least 25 community tree ordinances from Brownsville, Texas to Norfolk Virginia to see what they contain in regard to hurricane responsive tree language. (Principal Investigator and student assistants.)

2. Develop Standards of Practice. This project allows the principal investigator to think about, analyze and write technical code related language that will establish recommended hurricane urban forestry standards that may include some of the following as selected by the principle investigator. (Principal Investigator).

a. Define hurricane resistant trees, hurricane resistant tree canopy, tree fall zones and storm buffers.

b. Prepare a sample location specific list of hurricane resistant tree species which are well suited to coastal areas.

c. Prepare a list of location specific “not acceptable” trees that should not be planted in hurricane prone areas.

d. Develop standards for tree planting procedures that will strengthen the urban forest to protect property and reduce the cost of post storm clean up.

e. Determine standards for the removal of hazardous trees prior to storms.

f. Set standards for tree height near buildings.

g. Make recommendations for curbside disposal and recycling during post storm clean up activities.

h. List recommended standards for proper hurricane cuts, tree training and dead branch removal.

i. Set optional standards for hurricane shelter belts of trees and other plantings.

j. Formulate standards for maintaining trees near buildings, within parks, along public streets, utility servitudes and within and near parking lots.

k. Write technical language in a zoning code acceptable manner that will meet the requirements of modern zoning laws following guidelines used by the Municipal Code Corporation. Municode is one of the largest code writing companies in the United States and they have certain typographically standards for the preparation of community codes.

Al. Insert in case study fashion model code language within the existing tree laws of a minimum of three (3) coastal cities from the list of cities mentioned above to determine the proper fit and presentation of the language developed as part of this project. This project will work closely within the contest of these cities to draft appropriate, functional an clearly stated code language.

3. Prepare a ten page summary report and place it on a public web site. (Principal Investigator and student assistants.)

4. Close out project and submit a final report to the research sponsor. (Principal Investigator)

Time Line Begin End Total Time Frame

Task 1 August 2007 October 2007 3 months

Task 2 November 2007 August 2008 9 months

Task 3 September 2008 October 2008 1 month

Task 4 November 2008 March 2008 5 months

Total 18 months

Estimated Project Cost—This project has been estimated to cost $57,000.00. A breakdown of this cost is included on Appendix A attached.

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APPENDIX A –ESTIMATED PROJECT COST

Project Budget Worksheet

Please document project costs using the form below (or points will be deducted) and include any in-kind or cash donations that will be included in this project. Remember that no match is required but the State would like to have an accurate cost of these projects to report back to the Federal Government on how far the dollars went and how much was needed to fully accomplish the tasks at hand. (The going rate per hour for volunteers is $18.04)

_____________________________ _______________________________________ _________________

Expense Category Federal Funding Local Match Total

_____________________________ ________________I______________________I ________________

Salaries * I I________________.

Hiring a licensed Contractor for:

¨ Pruning/tree removal

¨ Tree Planting

¨ Planning

¨ Inventory/Assessment

¨ Educational/Research $50,000.00** xxxxxx $50,000.00

**Faculty member(s) supplemental salary

_____________________________ ________________I_____________________I _________________

Travel $2,500.00 xxxxxx $2,500.00

_____________________________ ________________I_____________________I _________________

Salary for Temporary $3,000.00 xxxxxx $3,000.00

Employees / Interns **

**Student Research Assistants, graduate or undergraduate

_____________________________ ________________I_____________________I _________________

In-Kind Services xxxxxxxxxxxx xxxxxx xxxxxx

_____________________________ ________________I_____________________I _________________

Equipment Rental xxxxxx xxxxxx

_____________________________ ________________I_____________________I _________________

Trees & Planting xxxxxx xxxxxx xxxxxx

Supplies

_____________________________ ________________I_____________________I _________________

Tree Installation Cost xxxxxxxxxxxx xxxxxx xxxxxx

(In-House/Volunteers)

_____________________________ ________________I_____________________I _________________

Food/ Refreshments xxxxxxxxxxxx xxxxxx xxxxxx

_____________________________ ________________I_____________________I _________________

Miscellaneous Supplies $2,000.00** xxxxxx $2,000.00

**Office Material Supplies,

Digital Equipment Supplies

Database Access Fees

_____________________________ _______________I______________________I _________________

$57,500.00 $ 0.00 $57,500.00

_____________________________ _______________I______________________I _________________

_____________________________ ______________________Total Project Cost___$ 57,500.00___

APPENDIX B –TYPICAL TREE ORDINANCE OUTLINE

The following outline has been extracted from a survey of 50 tree ordinances contained within the LSU Tree Ordinance Index. This survey was prepared to determine typical ordinance articles found in community tree ordinances. In addition, this index stands as a control document to the often quoted ISA publication, prepared by Swiecki, T. J.; Bernhardt, E. A. (1991) (2001) prepared for the California Department of Forestry, Guidelines for Developing and Evaluating Tree Ordinances.

MIAMI DADE COUNTY, FLORIDA exhibit 1

Intent and Purpose

Definitions

Applicability

Tree Removal Permit

Permit When Required

Application Requirements

Review of Application

Notice

Issuance of Permit

Fees

Final Inspection

Criteria for Tree Removal/Relocation

Criteria for Tree Removal

Conditions For Removal, Relocations and Replacement

Tree Mitigation

Tree Species

Prohibited Species

Tree Quality

Off Site Mitigation

Tree Trust Fund

Tree Protection

Tree Protection During Construction

Tree Pruning/Trimming

Appeals, Appellate Fees

Appeals To The Historic/Environmental Preservation Board

Appeals To The City Commission

Notice

Enforcement, Penalties & Remedies

Enforcement, Penalties & Remedies

Penalties

Remedies Cumulative

Exemptions

Repealer

Severability

Effective Date

Page 1 of 2

CHARLOTTE, NORTH CAROLINA exhibit 2

Art I-General

Short Title

Definitions

Purpose And Intent

Applicability/Exemptions

Art II - Administration

Tree Advisory Commission

City Jurisdiction and Authority

reserved

Art III- Maintenance/Protection of Trees

Trees On Public Properties

Trees On Private Property

Permits

Utilities

Tree Protection/Planting on

Public Property

Reserved

Art IV-Land Development Requirements

Tree Survey

Tree Protection Plan

Tree Save Requirements/Single Family

Tree Planting Requirements

Reserved

Art V-Modification, Inspection

Enforcement & Appeal

Modifications

Inspections and Investigations of Sites

Emergencies

Penalties

Injunctive Relief

Hearings and Appeals

Page 2 of 2

APPENDIX C –TYPICAL TREE ORDINANCE CLAUSES

A selection of community tree laws and landscape codes in coastal from Texas to Virginia were surveyed to determine any reference between trees and tropical weather or hurricanes as a first attempt to determine if local tree laws are responsive to hurricanes. The following clauses are deemed typical of sections of tree laws that may contain references to hurricanes. Most of the selection below do not mention or imply a relationship between trees and tropical weather.

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(Typical-Purpose and Intent Clause) Sec. 8-1. Purpose and intent. The purpose of this article is to regulate, control and promote the planting of trees, to encourage the protection of existing trees in the streets and public grounds within the city, to regulate the preservation, replacement and indiscriminate removal of trees on private property, both on unimproved lands and on land which has heretofore been improved to any extent whatsoever, and to establish procedures and practices for fulfilling these purposes. The intent of this article is to encourage the protection of existing trees and to promote the planting of additional trees in order to facilitate the control of soil conservation, air pollution and noise and to enhance the beauty, health and safety of the environment for the city. Gulfport, Mississippi.

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(Typical-Expanded Purpose and Intent Clause) Purpose and intent. It is the intent of the City of Mandeville to promote the health, safety and welfare of existing and future residents by establishing minimum standards for the protection of natural plant communities, natural features and the installation and continued maintenance of landscaping within the City of Mandeville for the following purposes:

1.   Water conservation.  To promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site specific plant materials, providing for natural water recharge, preventing excess offsite runoff, mitigating flood impacts down stream and in down pipe, establishing techniques for the installation and maintenance of landscape materials and irrigation systems. 

2.   Aesthetics.  To improve the aesthetic appearance of commercial, industrial, and residential areas through landscape design which incorporates living plant materials, appropriate nonliving landscape materials and other site elements in open space development in ways that harmonize and enhance the natural and built environment in a way that is conducive to economic development. 

3.   Environmental quality.  To improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment including (1) improving air and water quality through such natural processes as photosynthesis, mineral uptake and chemical conversions that will promote oxygen production, carbon dioxide reduction and greenhouse effect mitigation; (2) maintaining permeable land areas essential to surface water management, aquifer recharge and the conservation of fresh water resources; (3) reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; (4) promoting energy conservation through the creation of shade, reducing heat gain in or on buildings or paved areas; (5) providing habitat for urban wildlife, (6) reducing the temperature of the microclimate through the process of evapo-transpiration; and (7) encouraging the conservation of topsoil resources through the use of site specific plants and various planting and maintenance techniques to prevent erosion and farm lands wastage. 

4.   Land values.  To maintain and increase the value of land by requiring a minimum amount of landscaping to be incorporated into development, thus becoming by itself a valuable capital asset. 

5.   Human values.  To provide direct and important physical benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development. To provide a sense of the countryside and nature in the city thereby promoting a psychological sense of place for citizens and visitors alike. 

6.   Preservation and addition of vegetation.  To preserve existing natural vegetation and encourage the incorporation of plant materials, especially native plants, plant communities and ecosystems into landscape design, where possible. 

7.   Improved community design.  To promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping. Mandeville, Louisiana.

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(Typical- Environmental Statement of Intent) This article improves the appearance of the community through the provision of and the preservation of trees in order to better control soil erosion, reduce the hazards of flooding, stabilize the ground water tables, absorb carbon dioxide, supply oxygen, provide shade for cooling, screen noise, dust, glare, and preserve, protect and enhance the natural environment. The planting yard regulations established herein are intended to minimize potential conflicts between abutting developments. The purpose of planting yards is to ensure that a natural area of appropriate size and density of plantings is located between zoning districts and/or uses. Salisbury, North Carolina.

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(Typical -Design Principles Clause) edited.      Design Principles.     All Landscaped Areas required by this Code should conform to the following general design principles:     Landscaping should be used to minimize potential erosion through the use of Ground Covers or other vegetation that aids in soil stabilization.   Wherever possible, Native Vegetation should be specified to meet Landscaping requirements.   Landscaping should enhance the visual environment through the use of materials that achieve variety with seasonal changes, species of living material selected, textures, colors and size at maturity. The City will encourage developers to group together Plants with similar water and cultural characteristics (soil, climate, sun, and light) and irrigate them based on their water requirements.  Landscaping should be used to provide windbreaks, channel wind and increase ventilation.  Landscaping should maximize the shading of pedestrian walkways, Vehicle Use Areas and streets, in that order.   Panama Beach, Florida.

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 (Typical Design Principles Clause) edited. Design Principles.  All landscaped areas should conform to the following general design principles.  Landscaping should integrate the proposed development into existing site features through consideration of existing topography, hydrology, soils and vegetation.  Landscaping should be used to minimize potential erosion through the use of ground covers or any other type of landscape material that aids in soil stabilization.  Existing native vegetation should be preserved and used to meet landscaping requirements. Landscaping design should consider the aesthetic and functional aspects of vegetation, both when initially installed and when the vegetation has reached maturity. Newly installed plants should be placed at intervals appropriate to the size of the plant at maturity, and the design should use short- and long-term elements to satisfy the general design principles of this section over time. Landscaping should enhance public safety and minimize nuisances. Landscaping should be used to provide windbreaks, channel wind and increase ventilation. Sea Ranch Lakes, Florida.

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(Typical-Species/Size Tree Protection Applicability Clause) Applicability of provisions. The provisions of this article shall apply to live oaks (quercus virginina)  , magnolia  (grandiflora, cypress, sycamore and cedar trees within the city limits on all privately owned property. 

Except as provided and permitted herein, it shall be unlawful to cut down, remove, deface, burn, poison, injure, mutilate, disfigure or substantially trim any tree identified herein as a protected tree in such a manner or to such a degree so that the aesthetic, ecological, or economic value of the tree is lost or that such action results ultimately in the destruction of any tree designated in this article on private property which has a trunk circumference of at least eighteen (18) inches when measured at a point five (5) feet above ground level from the base of such tree unless a proper permit is issued under the provisions of this article. Ocean Springs, Mississippi.

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(Typical-State Enabling Act-Tree Protection) Mobile Tree Act:  The common name of the local law enacted by the Alabama State Legislature (Act. No. 929, Acts of Alabama, 1961 Regular Session, as amended, 1981) for the purpose of protecting the trees on both public and private property within the incorporated areas of the city.  Mobile Tree Commission:  Hereafter called the "commission," is the agency designated by the Alabama State Legislature to enforce the Mobile Tree Act.

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(Typical-Tree Board Charter and Authority Clause)   There is hereby created a tree board which shall consist of members not to exceed ten (10), to be appointed by the Gautier mayor and members of the council for four (4) year terms. The terms of the board shall be staggered so that no more than one fourth of its membership terms shall end in any given year.  It shall be the responsibility of the board to establish its by-laws addressing at least but not limited to the establishment of meeting times, dates and places, election of officers, and the processes by which reviews and/or appeals are heard. It shall also be the responsibility of the board to develop annual plans and or programs that would promote the preservation of significant trees within the city. The board will act in an advisory capacity only, on all issues dealing with the management of trees on public properties; and, in an appeal capacity to staff decisions relative to permits for development properties within the city or relative to the removal of protected trees from privately owned properties within the city. Gautier, Mississippi.

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(Typical-Hazardous Tree Removal Clause)   Removal of dangerous trees.  A tree alteration permit for the removal of a tree determined by competent authority to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal without delay, may be issued after such tree has been removed.  West Palm Beach County, Florida.

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(Typical Tree Removal Permit Clause) edited.   Tree removal permit.  No person shall, directly or indirectly, cut down, substantially alter, destroy, remove, relocate, damage or authorize any such act involving a protected tree situated on land within the city, without first obtaining a tree removal permit. But the following activities may be done without applying for a permit:  Removal or replacement of any tree which has been damaged or destroyed beyond saving, from extreme weather conditions, insects, disease and fire, or which constitutes an immediate peril to life or property and has been confirmed by the department. Fort Pierce, Florida.

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(Typical-Emergency Suspension Clause)   Suspension.  Following an emergency such as a hurricane, tropical storm, tornado, or flood, and other natural causes such as drought conditions and freeze damage, the requirements of this section may be suspended by the planning and zoning administrator for a period of 30 days. Such a suspension shall apply only to trees which have been damaged beyond saving or are a hazard, provided that the planning and zoning administrator is notified of the intended removal at least 24 hours prior to removal.  West Palm Beach County, Florida.

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(Typical- Storm Waiver of Ordinance) Temporary waiver following disaster.

In case of emergencies, such as windstorms, ice storms, fire or other disasters, the requirements of this article may be waived by the mayor and city council during the emergency period so that the requirements of this article would in no way hamper private or public work to restore order in the city. This shall not be interpreted to be license to circumvent the intent of this article. Gulfport, Mississippi.

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(Typical-Palm Tree Use Near Salt Water Clause)   Use of palms. Preservation of palms, or the planting of palms, may only be used to satisfy up to 25 percent of the required landscaping unless barrier island conditions prohibit the use of less salt-tolerant plants. In no event shall more than 24 palms per acre be utilized to satisfy the landscaping requirements in this division. Brevard, County, Florida.

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(Typical-Native Plant Usage Within Beach Zones)  In the Gulf Beach Ridge and Blind Pass area zones, new development or re development (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, Floods) of an existing principal building requires that, at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being non-competing exotic species. In the Gulf Beach zone, new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires that 100 percent of the vegetation, including landscaping, will involve only the use of native species. The Florida Administrative Code, Chapter 62B-34 General Permits for Activities Seaward of the Coastal Construction Control Line also requires that all plants installed in beach and coastal areas shall be native species. However, coconut palms (Cocos nucifera  ) may be planted in the Gulf Beach zone. For the purpose of this calculation, Australian pine (  Casuarina  ) is included as a non-native species. Sanibel, Florida.

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(Typical-Permit Applications, Natural Forest Removal) Review and Permit Applications, Natural Forest Communities And Specimen Trees.  A review of each completed tree removal permit application shall be conducted by the department of development services. This review and all actions taken by the department of development services under the provisions of this article shall be conducted using best available practices from biology, botany, forestry, landscape architecture and other relevant fields, and shall be conducted in a manner that is consistent with all applicable goals, objectives and policies in the adopted comprehensive plan for the city. Upon receipt of a completed permit application, the department shall determine whether the site contains any portion of a natural forest community, specimen trees or any other trees subject to the provisions of this article. Homestead, Florida.

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(Typical-Storm Damage Tree Replacement Clause).   Trees damaged by natural events. All reasonable efforts should be made to preserve trees damaged by a hurricane , windstorm, flood, or like event. All trees required by code or approved site plan that are destroyed and/or removed due to such event shall be replaced. Plantation Florida.

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(Typical-Hatracking Clause) Topping  or  Hat-racking  shall mean the removal within a one (1) year period, of more than one-third of a tree's living canopy, or the removal of any branch three (3) inches or greater in diameter at any point other than the branch collar. South Miami, Florida.

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(Typical-Tree Topping Clause) Tree topping. It shall be unlawful as normal practice, except as described in this section, for any person or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees that interfere with or are an imminent threat to utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the city tree board. Salisbury, North Carolina.

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(Typical-Coconut Palm Removal Clause)   Prohibited acts.  No person shall cause the removal or more fronds, nuts, or fruit of or any portion of the trunk or root system of or otherwise deface or damage any coconut palm located upon city-owned property, city streets, or city rights-of-way.  Sale or distribution.  Any person who intends to sell or distribute coconut palm tree fronds or coconuts in any form on city streets, sidewalks or other public areas shall apply to the licensing division for a permit. The permit holder shall display the permit at all times while doing business on city property. The permit holder shall also maintain on a daily basis, on a form provided by the city, a statement of the source of the palm fronds and/or coconuts, and a name and phone number of the private property owner who provided that source. There shall be a limit of five permits given in any one quarter, and the city manager shall develop a lottery system for applicants. No permit shall be given to an applicant who intends to use or has been convicted of removing fronds or coconuts from city-owned trees or trees located on city property. The city manager may revoke a permit upon evidence provided at a hearing of a permit holder's violation of this section. The permit fee shall be $10.00 per quarter. Key West, Florida.

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(Typical-Removal of Nuisance Tree Clause)   Removal of damaged or nuisance trees.  Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code enforcement will inspect areas affected by this code and issue citations for violations. Marco Island, Florida.

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(Typical-Tree Buffering Clause) Promote the use of trees to protect and buffer the effects of high winds on structures. Coral Springs, Florida.

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(Typical Street Tree Planting Clause) Each green corridor shall consist of the right-of-way of a major thoroughfare and building setback areas of abutting and contiguous properties. A green corridor shall be not less than one mile long. A green corridor may be designated by the city council by motion following a hearing and determination that designation of the green corridor would significantly enhance the beautification of the city. Trees within the green corridor shall be entitled to enhanced protection as provided in this article, and the city council may, in designating the green corridor, specify one or more particular species, varieties, and/or colors of trees to be planted, to the exclusion of others within the green corridor. Additionally, green corridors may be given priority for expenditure of city moneys for street tree planting, to the extent permitted by law. Houston, Texas.

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(Typical-Street Buffer Planting Clause) Tree Planting Requirements Within Scenic Corridor Setback Lots with a 25 foot setback, or 20 feet with an existing sidewalk, shall have live oaks with four inch caliper minimum planted within the setback at the rate of one tree per 40 feet of right of way. Spacing shall not be less than 20 feet or greater than 75 feet apart. The total number of understory trees required within the Scenic Corridor Setback shall equal one per 75 feet of U.S. 98 or U.S. 331 frontage. Understory trees shall be planted in groups and shall have a minimum height of eight feet and width of five feet at installation. Spacing between understory trees shall not be less than 12 feet.  Walton County, Florida.

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(Typical-Parking Lot Planting Clause)   For each 20 Parking Spaces, or fraction thereof, Landscaped areas containing a total of at least 162 square feet must be provided within the Parking Lot. Landscaped areas or islands must be a minimum of six feet in width, measured from back of the curb, and be dispersed throughout the Parking Lot. One shade Tree must be provided for each required landscaped island. The remaining area or island must be landscaped with plants not exceeding three feet in Height. Sugarland, Texas.

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(Typical-Open Space Planting Requirement Clause)   Developed site area: There shall be one (1) Class "A" tree or three (3) Class "B" trees for each five thousand (5,000) square feet, or fraction thereof, of developed site area. On sites where buildings exceed fifty thousand (50,000) square feet, fifty (50) percent of required trees shall be Class "A". Calcasieu Parish, Louisiana (Lake Charles).

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(Typical-Swale Tree Planting Clause) edited. The agent may choose the species of a tree to be planted from the Hong Kong orchid, red maple, live oak, laurel oak, mahogany, or yellow tabebula trees. If the selected species is unavailable, the agent may select an alternative species. If there is no tree available that is satisfactory to the agent, the agent may request a thirty dollar ($30.00) per tree refund from the planning and engineering department. Ten dollars ($10.00) per tree shall be retained as a processing fee. The public works department shall be responsible for planting the tree or trees and for providing initial fertilizing and staking, if necessary. The city shall provide the agent with tree care instructions and the agent shall be responsible for maintenance of the trees subsequent to the planting by the public works department. Sunrise, Florida.

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(Typical- Tree Abuse Clause)   Destroying the natural habit of growth which causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, or is a danger to the public or property; or improper pruning that results in flat-cutting the top or sides of a tree, to sever the leader or leaders or to prune a tree by stubbing off mature wood, except where removal of a branch is necessary to protect public safety; or pruning of live palm fronds which initiate above the horizontal plane unless this reflects the natural growth habit of the species in question (i.e. Phoenix dactylifera). Coral Springs, Florida.

§

 (Typical-Tree Protection Purpose Clause) edited  Purpose.   To promote environmental and ecological awareness; To improve the city's image and aesthetic charm and beauty; To protect property values from the adverse aesthetic and ecological effects of imprudent tree removal; To protect existing vegetation from greater wind velocities resulting from the imprudent removal of buffer trees; To stabilize the urban wildlife habitat and ecosystem balance;To provide for the public health, safety and welfare; To support the provisions of the Mobile Tree Act (Act. No. 929, Acts of Alabama, 1961 Regular Session, as amended in 1981);  To provide uniform standards in the removal and replacement of trees on public and private property within the corporate limits of the City of Mobile; To educate the public in the economic, aesthetic and historic benefits of preserving trees, including conserving energy, reducing soil erosion, and protecting trees and the ecosystem of the City of Mobile, Alabama. Mobile, Alabama.

§

(Typical-Tree Removal Permit and Dune Protection Clause) No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree, mangrove tree, or natural beach dune vegetation on property described above without first obtaining a tree permit. Natural or native vegetation shall also be preserved on developed property where possible and be incorporated in the landscaping scheme in recognition of lower maintenance requirements and the conservative use of water for irrigation. Xeriscape landscaping shall be encouraged on all properties to the maximum extent feasible. The natural vegetative cover on a beach dune shall be preserved in an undisturbed state of growth as a fragile ecosystem. Such beach dune vegetation, including grasses, hedges, vines, shrubs and tree development shall remain in its natural state and not be removed, altered or damaged, except in accordance with the requirements of this Section. Elevated walkways are encouraged for beach access in order to protect beach dune vegetation. Sea Ranch Lakes, Florida.

§

(Typical Dune Definition Clause) Sand dune - A rounded hill or ridge of loose, gritty grains of disintegrated rock heaped up by the wind. A sand dune may or may not be covered by vegetation or trees. Dare County, North Carolina.

§

(Typical Oceanfront Setback Clause) Oceanfront setback - A line, which is one hundred and fifty feet shoreward from the mean high water line of the Atlantic Ocean. Dare County, North Carolina.

§

(Typical-Tree Standards Clause) edited. Tree Standards: Trees selected for planting shall meet the minimum requirements provided in the American Standard for Nursery Stock, ANSI Z60.1, Latest Edition as published by The America Nursery and Landscape Association. Palms and tropical plant material standards: Palms and tropical plants are

considered accent shrubs in East Baton Rouge Parish because of freeze potential. Such plants shall receive no credit towards tree planting requirements. Baton Rouge, Louisiana.

§

(Typical-Tree Planting Standards Based Upon Points Clause) Sec. 4-10006.(2)  Tree/landscape quality points required.  Land cleared for development or land being proposed for development shall be provided with not less than 1,600 tree quality points per acre on a given site, excluding trees in existing rights-of-way. Commercial, industrial and multifamily developments shall provide an additional 400 landscape quality points. When a commercial, industrial or multifamily development is to contain a parking area, then within the boundaries of such parking area, there shall be provided not less than 1,200 tree quality points per acre, exclusive of landscape quality points. Savannah, Georgia.

§

(Typical -Tree Grading Clause) Tree grading.   The city's ordinances encourages the preservation of trees. Not all large tree have the same value, due to such factors as type (species) or conditions. Some smaller trees may have greater value due to their rarity, screening potential, specimen, key, historic, or other factors. The following factors in subsection (c) of this section will all be considered in determining the value of any tree. Weighing factors are included to aid in this determination. Using these criteria, a designer can walk the project area and perform a rough analysis of the tree situation before starting the design of the project. The city forester shall use these same factors in his tree survey.

The ten factors are included: condition, type, size, aesthetics, energy conservation and heat abatement, safety, adjacent tree, water quality protection and soil conservation, wildlife habitat, and historic significance. Conroe, Texas.

§

(Typical -Tree List Clause)   Only trees listed in the acceptable species lists appearing in section 102-72 shall be considered as acceptable for designation as specimen trees. Such lists are divided into classes I through IV. Only class I or class II species shall be considered acceptable for purposes of satisfying the tree planting requirements of this article. Credit shall be given for planting class I or class II trees with the "P" designation only where such trees are (i) actually planted under overhead power lines, or (ii) are planted to satisfy the parking lot tree requirements of section 102-66. Each tree planted to satisfy a requirement of this article must have a minimum caliper of three inches. Conroe, Texas.

§

(Typical-Native Plant Material Clause)  Native Plant Species:  For the purpose of this Article, native plant species shall be those plant species indigenous to the ecological communities of South Florida, as indicated on lists provided by Broward County, or that can be scientifically documented to be native to South Florida. Broward County, Florida.

§

(Typical-Indigenous Trees Clause) (12) Indigenous trees - Live Oak (Quercus virginiana), Eastern Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia grandiflora), and Bald Cypress (Taxodium distichum) trees with a 4" caliper or more. Myrtle Beach, South Carolina.

§

(Typical Coastal Plain Native Trees Clause) .   Many native species are more resistant to drought, disease, and pests; are not invasive; support wildlife; and help achieve aesthetic continuity between manicured landscapes and the natural environment. All trees to be planted shall therefore be native to the South Carolina Coastal Plain. Appendix A of Ordinance 16-02 lists such trees. Folly Beach, South Carolina.

§

(Typical Planting Area Size Standard Clause) edited.     Size of planting areas.  Unless otherwise provided, a minimum of two hundred (200) square feet of planting area is required for each tree. No portion of the planting area shall be less than five (5) feet in width or length. Planted Median Strips.  Large vehicular surface areas (parking lots and vehicular display areas) must be broken by continuous planted medians. Four (4) planted medians, each containing at least one thousand one hundred thirty four (1,134) square feet of planted area, are required for every two (2) acres, rounded off to the closest two (2) acre increment. The minimum median width shall be seven (7) feet. The length of the planted median shall be uninterrupted except for access ways. Richland County, SC.

§

(Typical- Banned Species List Clause)   The following plant species shall not be planted as required or optional landscaping and, in addition, these species shall be removed from the construction sites: Broward County, Florida.

§

TABLE INSET:

Botanical Name	Common Name
Acasia auriculiformis	Earleaf Acasia Ficus
Ficus spp.	Ficus
Bischofia javanica	Bischofia, Toog
Casuarina  spp.	Australian Pine
Melaleuca quinquenervia	Melaleuca, Punk Tree, Paperbark
Schinus terebinthifolius	Brazilian Pepper, Florida Holly
Rhodomyrtus tomentosa	Downy Rose Myrtle
Leucaena leucocephala	Lead Tree, Jumbie Bean
Ardisia solanacea	Shoebutton Ardisia

(5)   The following species shall not be used as required landscaping, and shall not, in the aggregate, constitute more than ten (10) percent of the total number of trees to be installed.

a. Brittle Species List.

TABLE INSET:

Botanical Name	Common Name
Araucaria heterophylla	Norfolk Island Pine
Dalbergia sissoo	Indian Rosewood
Grevillea robusta	Silk Oak

(Typical-Tree Pruning Clause) Tree  trimming.  Standards for trimming shall be performed in accordance with the latest Pruning Standards for Shade Trees published by the National Arborist Association, a copy of which is on file in the planning, zoning and building department. Trees in the swales and parkways shall be trimmed by the adjacent property owner to prevent impedance of interference with traffic or travel on sidewalk, street, or creates a danger to traffic by impeding or obstructing the view of intersections. Trees shall only be trimmed in the following manner:……..West Palm Beach County, Florida.

§

(Typical-Maintenance Permit Clause ) 45-15. Maintenance permit for work on private property. The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. If the applicant fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. Norfolk, Virginia.

§

(Typical-Tree Selection Clause)   All required trees shall be selected from the Gainesville Tree List. Tree species not appearing on the Gainesville Tree List may be planted only with prior approval of the city manager or designee or appropriate reviewing board. In order to encourage plant diversity, no more than 50 percent of the selected canopy trees shall be of the same genus, except for street tree plantings, which, on a given street should be uniform with respect to genus, size, and shape. Street tree diversity is to be attained city-wide in order to reduce the effect of loss of street tree species due to insect or disease outbreaks, even though street tree diversity may not be attained on an individual street. The applicant or landscape contractor shall schedule an on-site meeting with the city arborist prior to the installation of any trees or shrubs to ensure compatibility with infrastructure and compliance with landscape code requirements. Gainesville, Florida.

§

(Typical- Tree Canopy Coverage Clause) Minimum Tree Canopy Cover Required. For new developments within each zoning district, a minimum amount of healthy tree canopy cover, measured in square feet of projection of the canopy onto the ground, shall be conserved and/or established within the net area of each parcel. The required amount of tree canopy cover shall be maintained throughout the life of the development except as exempted in Section 16.136.040. Tree canopy cover requirements are listed by zoning district in (Table A) of this section. Trees in poor or declining condition, as determined by the building official, shall not be credited toward the required tree canopy coverage. Covington, Georgia.

§

(Typical -Canopy Coverage Clause)    Sites with Less than 160 Inches per Acre Combined DBH. When lots lack a sufficient number of trees to meet the requirement for DBH/number of trees per acre, all trees six inches DBH or greater shall be preserved and protected in accordance with Section 9.4.4.B of this Chapter during development and must equal no less than 40 inches per acre combined DBH. On lots with less than 40 inches per acre combined DBH, additional trees shall be planted on the lot equaling or exceeding 40 inches per acre combined DBH. Planting schedules shall be approved by the Planning Director. Charleston County, South Carolina.

§

(Typical-Dune Protection Clause)   Development on dunes is prohibited with the exception of the construction of very limited elevated pedestrian walkways necessary for beach access, approved by the Town. No primary dune shall be leveled, breached, altered or undermined in any way by development or other human-caused activity such as boat storage, nor shall primary dune vegetation be disturbed or destroyed, with the exception of construction of boardwalks or similar beach access which have minimal effect on the natural features of the dune. If removal or disturbance of dune vegetation cannot be avoided, replacement vegetation shall be planted. Planting of vegetation and construction of wood, sand and wire fences shall be permitted. Hard materials (other than fences) shall not be permitted without extensive scientific documentation and assurances that there are no detrimental on or off-site impacts. Hilton Head Island, South Carolina.

§

(Dune Protection Close Within the Coastal Protection Zone(CPZ)) For development in areas characterized by the coastal uplands vegetative communities strand community (dune vegetation) within the CCCL or CPZ, 95 percent of the natural dune vegetation on the site must be retained. "Dune vegetation" shall be defined as all natural communities defined as "Coastal Uplands" by the Florida Natural Areas Inventory Guide to Natural Communities (1990), incorporated herein by reference, including Beach Dune, Coastal Berm, Coastal Grassland, and Coastal Strand vegetation. Within the coastal uplands communities strand community but outside the CCCL or CPZ, 100 percent of the natural dune vegetation outside the building footprint (including parking and access areas) must be retained. One hundred percent of all additional landscaping material used on the primary dune system shall be composed of native plants adapted to soil and climatic conditions on-site. Vegetation for dune protection measures shall be limited to native salt-resistant species suitable for beach/dune stabilization. "Coastal Uplands" vegetative communities shall be those natural communities that are defined as coastal uplands in the Florida Natural Areas Inventory Guide to Natural Communities of Florida (1990), including Beach Dune, Coastal Berm, Coastal Grassland, and Coastal Strand vegetation. Walton County, Florida.

§

(Mangrove/Dune Protection Clause) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. Orange Beach, Alabama.

§

(Typical-Regulated Trees Clause) a)   Regulated Trees.  Hardwood trees at least eight (8) inches DBH, all conifer trees at least twelve (12) inches DBH, and all dogwoods, flowering trees, and American Hollies at least four (4) inches DBH anywhere on the site shall be considered regulated and protected, and shall be preserved to the greatest extent practical and incorporated into required landscaping. If removed, they are to be mitigated with replacement trees per section 18-460, unless otherwise exempted from mitigation in this section. The total number of replacement trees shall be determined pursuant to section 18-460.  Wilmington, North Carolina .

§

(Special Greenway Set Aside Clause) It is the intent of the County to establish a linked system that provides environmental protection, open space, recreation space and special ambience in South Walton and ensures that the natural environment is preserved, enhanced and made useable for the natural and man-made environment. The purpose of this section is to provide land use regulatory mechanisms designed to accomplish, to the greatest extent possible, the interconnection of the Shoreline Protection Zones, the Floodplains, the Wetland Zones, the Coastal Protection Zones and the Habitat and Native Vegetation Zones both within development sites and between adjacent properties in a linked series of greenways. It is the County's intent that these corridors be of sufficient dimension and design to facilitate one or more of the following purposes.

1.   The movement of affected wildlife species.

2.   The provision of enhanced natural regional scale stormwater treatment capacity.

3.   The enhancement of public access to passive recreational enjoyment of these natural resources, and

4.   The enhancement of available routes for alternative modes of transportation.

It is the County's intent to ultimately provide for interconnection of these private greenways with all available public conservation and recreation land in south Walton as part of the overall linked system. Walton County, Florida.

§

(Typical-Bed Building Fill Placement Clause) Non-compacted fill may be used around the perimeter of a building for landscaping or aesthetic purposes, provided the fill will wash out from storm surge (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The building official shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist……..Orange Beach, Alabama.

§

(Typical Tree Preservation Standards Clause) edited. Tree survey plan. This plan shall be an integrated site plan showing the location, size and species of all trees five (5) inches or greater in diameter at breast height (DBH). Sampling survey methods may be used to determine tree densities for forested areas of ten thousand square feet or larger (approx. 1/4 acre).

Tree preservation plan. This shall be an integrated site plan showing proposed tree save areas, trees to be preserved and trees to be removed. This plan should also include limits of land disturbance, clearing, grading, trenching, location of existing or proposed utilities, the approximate location of all structures, detention areas, staging areas, storage locations, off-street parking and loading facilities, driveways and curb cuts. All required buffers and buffer strips with existing trees must be delineated on plans as tree save areas. Land disturbance within any required buffer or buffer strip is subject to administrative approval by the director. A list of trees to be preserved, a total value of existing tree density units (ETDU), and required tree density units (RTDU) for the entire property shall be included on the plan. Each specimen tree, as defined in this chapter, is to be labeled and inventoried by size and species. Conyers, Georgia.

§

(Typical Species Specific Hazard Tree Removal Clause) The Town Commission shall encourage the removal or pruning of all trees in the genus Casuarina (Australian Pine) from all real property within the town limits or property subsequently annexed to the town adjacent to Gulf of Mexico Drive for a distance sufficient that should a tree fall, it would not reach any unpaved portion of the roadway. Longboat Key, Florida

§

(Typical Maintenance Clause)   Maintenance. The developer, his successor, and/or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings as needed. Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plant materials shall be replaced. The property owner of land abutting a constructed public right-of-way is responsible for landscaping and maintenance of any right-of-way area between his property line and the curb line. All plantings will be subject to periodic inspections by City of Kenner agents. Kenner, Louisiana.

§

(Typical-Flood Zone Determination Clause) Basis for establishing areas of special areas of special flood hazard.The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map dated December 15, 1977, with accompanying maps and other supporting data, and any revisions thereto are adopted by reference and declared to be a part of this chapter.  Pembroke Pines, Fl

§

(Typical Dead Tree Removal Clause) edited. It shall be the duty of the property owner to remove dead trees from the owner's property or the swale abutting owner's property upon notice by the city to remove the trees. Upon notice from the city to remove a dead tree, the property owner shall do so within 30 days from receipt of the notice.  In the event the property owner shall not remove the tree within 30 days, the city shall cause it to be removed and shall bill the property owner for the cost of removal.  In the event the property owner shall not pay the cost within 30 days, the city shall file a lien against the property for the cost of removal.  The Finance Director shall have the discretion to allow the property owner to pay the bill for removal in installments, in which event he shall apply interest at 6% on the unpaid balance until paid in full.  Pembroke Pines, Fl

§

(Typical Overlifting Definition Clause) OVERLIFT.  The removal of the majority of the innerlateral branches and foilage thereby displacing weight and mass to the ends of branches.  The alteration of the tree’s live crown ratio may be considered as evidence of overlifting.

§

______________________ _________________________ _____________________ _

Inventory of Community Ordinances Sampled (40)

Gulfport, MS Mandeville, LA

Salisbury, NC Panama Beach, FL

Sea Ranch Lakes, FL Ocean Springs, MS

Gautier, MS West Palm Beach County, FL

Fort Pierce, FL Brevard, County, FL

Sanibel, FL Homestead, FL

Plantation FL South Miami, FL

Key West, FL Marco Island, FL

Corel Springs, FL Houston, TX

Walton County, FL Sugarland, TX

Calcasieu Parish, LA Sunrise, FL

Mobile, AL Baton Rouge, LA

Savannah, GA Conroe, TX

Broward County, FL Myrtle Beach, SC

Norfolk, VA Gainesville, FL

Covington, GA Charlestown County, SC

Hilton Head Island, SC Orange Beach, AL

Wilmington, NC Conyers, GA

Long Boat Key, FL Kenner, LA

Pembroke Pines, FL Richland County, SC

Folly Beach, SC Dare County, NC

• A study of tree laws was conducted that compared tree ordinances promoted by the USDA Forest Service to author selected ordinances from other communities that would be used as a control study. The Forest Service, ‘Tree Ordinance Index’ used as the foundation of this study is thought to be representative of typical tree ordinances found in American Communities. From this study, the essential provisions found in contemporary trees laws have been set forth in Fig. 4.0 The USDA Forest Service makes available a data base of tree ordinances found on the Urban Forestry South Expo web site http://www.urbanforestrysouth.org/Resources/Ordinances. This is a searchable data base that is organized by subject and keyword. Some of the better tree ordinances from this study can be seen in Figure 4.0.

_________________ ______________________ _________________________

………………………..…..…..Community…………Title………………………….…………

Austin, Texas- Ordinance 960328-B

Boca Raton, Florida- Article II Trees

Baton Rouge, Louisiana- UDC Chapter 18 Landscape And Trees

Charlotte North Carolina- Chapter 21, Trees

Georgia Forestry Commission- Framework Ordinance

Gwinnett County, Georgia-Tree Ordinance

Howard County, Maryland- Subtitle 12 Forest Conservation

Miami-Dade, Florida- Tree Protection Ordinance

Palo Alto, California- Chapter 18-10 Tree Preservation

Raleigh North Carolina- Chapter 8 Trees And Vegetation

Santa Cruz, California- Chapter 9.56 Preservation of Historic Trees

Southlake, Texas- Ordinance 585-B Tree Preservation Ordinance

__________________ ______________________ ________________________

Fig. 2.0 Selected Tree Ordinances, LSU Tree Ordinance Index 2005

________________ _____ ____________ ______________________________ ____

Sections of this Green paper were presented to an assembly of members of the Florida Chapter of the International Society of Arborists in Florida in January 2005, the Texas Urban Forestry Council in September 2005 and the American Forests National Conference held in Charlotte, North Carolina in November 2005. Research for this presentation and this article have been made possible in part by grants from the USDA Forest Service, Urban and Community Forestry Program of the Louisiana Department of Agriculture And Forestry , The Louisiana Department of Environmental Quality and Environmental Protection Agency, the Florida Chapter of the International Society of Arboriculture (ISA), the Texas Urban Forestry Association and American Forests.

Biography

D.G. ‘Buck’ Abbey is Associate Professor of Landscape Architecture at LSU and Principal Consultant to the Louisiana, landscape architecture - planning firm, Abbey Associates, Inc. He has taught design, construction, graphics and computer technology courses at LSU since 1974. Abbey received his terminal degree from Harvard University. He is a recognized authority on municipal landscape codes and is author of the book, U.S. Landscape Ordinance, published by John Wiley & Sons, Inc.. As associate editor of Landscape Architect & Specifier News Magazine, he writes regularly on landscape codes and related municipal planning law. He provides consulting services and expert witness testimony on landscape codes and site planning nationwide.

Abbey maintains a research web site at LSU on the subject of landscape, tree and land alteration ordinances. The site provides assistance to anyone seeking help with writing landscape codes, tree preservation laws and land development code. The site can be visited at www.greenlaws.lsu.edu/ A CEU tutorial on the subject of landscape ordinances is available at by The Ohio State University, Regional Planning Department, the Planning Education at a Distance web site program. Contact The Ohio State University at http://knowlton.osu.edu/ped/

National Urban & Community Forestry Advisory Council Announces
Public Forum on Catastrophic Storms and Urban Forests - June 6th, 2007

The National Urban & Community Forestry Advisory Council (NUCFAC) announces a groundbreaking public forum in Biloxi, Mississippi on June 6th, 2007at the Mississippi Coast Coliseum and Convention Center. "We want to hear directly from people and communities where urban forests have been hit hardest by Hurricane Katrina in the Gulf region, ice storms in the Midwest, tornados, and other devastating storm events," said Joe Wilson, Council Chair.  "NUCFAC is using this public input to develop a recommendation to the Secretary of Agriculture to help address this national issue."

Many Voices

NUCFAC is actively recruiting people to give testimony at the public forum from all regions of the country.  "It's very important that the forum be a national voice on storms and urban forests, " said Neil Letson, Council Member.  "It doesn't matter what part of the country a person is from, we want to encourage participation by citizens, community leaders, tree professionals and corporations - people from every walk of life - if they have a story or lesson to share then we want to hear it."

NUCFAC is providing several ways for the public to offer their testimony by simply registering on the NUCFAC website.  On-site presentations the day of the forum ranging from five to fifteen minutes, can be in person or broadcast from a remote site via webcasting.  For those unable to make live or recorded presentations, they can submit their comments in written form, Fax, or by email until AUGUST 1, 2007.  All testimony will be recorded, compiled, and tabulated into a final report as part of NUCFAC's formal recommendations to the Secretary of Agriculture.

For more information on the public forum or how to give testimony, bookmark this webpage for contact details and online registration information.

You can complete your registration online by clicking here.

Or...

You can mail your completed registration form to:

Joe Wilson, Executive Director

Keep Greater Milwaukee Beautiful/Greening Milwaukee

1313 W. Mount Vernon

Milwaukee, WI 53233

By Email or Mail.

Share your comments until August 1,2007

Email: Neil.Letson@forestry.alabama.gov

Mail: U.S. Forest Service

U&CF - Mail Stop 115, ATTN: NUCFAC

1400 Independence Ave., SW

Washington, D.C. 20250-1151

By  WebCast.

Join us online by logging onto our NUCFAC website

on June 6.

Act of July 1, 1978 (P.L. 95-313, 92 Stat. 365 as amended; 16 U.S.C. 2101 (note), 2101-2114, 16 U.S.C. 1606).

Note--This Act was amended by PL 100-418 to add Section 15 (redesignated as Section 18 by PL 100-418); amended by PL 101-624, Title XII, to add new sections and change some existing sections, by PL 101-513 to conform with international provisions of the International Forestry Cooperation Act of 1990, and some technical amendments by PL 102-237.

Sec. 1.
This Act may be cited as the "Cooperative Forestry Assistance Act of 1978." (16 U.S.C. 2101 (note))

Urban and Community Forestry Assistance

Sec. 9.

(a)Findings. --The Congress finds that--
(1) the health of forests in urban areas and communities, including cities, their suburbs, and towns, in the United States is on the decline;
(2) forest lands, shade trees, and open spaces in urban areas and communities improve the quality of life for residents;
(3) forest lands and associated natural resources enhance the economic value of residential and commercial property in urban and community settings;
(4) urban trees are 15 times more effective than forest trees at reducing the buildup of carbon dioxide and aid in promoting energy conservation through mitigation of the heat island effect in urban areas;
(5) tree plantings and ground covers such as low growing dense perennial turfgrass sod in urban areas and communities can aid in reducing carbon dioxide emissions, mitigating the heat island effect, and reducing energy consumption, thus contributing to efforts to reduce global warming trends;
(6) efforts to encourage tree plantings and protect existing open spaces in urban areas and communities can contribute to the social well- being and promote a sense of community in these areas; and
(7) strengthened research, education, technical assistance, and public information and participation in tree planting and maintenance programs for trees and complementary ground covers for urban and community forests are needed to provide for the protection and expansion of tree cover and open space in urban areas and communities.

(b)Purposes.--The purposes of this section are to--

(1) improve understanding of the benefits of preserving existing tree cover in urban areas and communities;
(2) encourage owners of private residences and commercial properties to maintain trees and expand forest cover on their properties;
(3) provide education programs and technical assistance to State and local organizations (including community associations and schools) in maintaining forested lands and individual trees in urban and community settings and identifying appropriate tree species and sites for expanding forest cover;
(4) provide assistance through competitive matching grants awarded to local units of government, approved organizations that meet the requirements of section 501(c) (3) of the Internal Revenue Code of 1986, or other local community tree volunteer groups, for urban and community forestry projects;
(5) implement a tree planting program to complement urban and community tree maintenance and open space programs and to reduce carbon dioxide emissions, conserve energy, and improve air quality in addition to providing other environmental benefits;
(6) promote the establishment of demonstration projects in selected urban and community settings to illustrate the benefits of maintaining and creating forest cover and trees;
(7) enhance the technical skills and understanding of sound tree maintenance and arboricultural practices including practices involving the cultivation of trees, shrubs and complementary ground covers, of individuals involved in the planning, development, and maintenance of urban and community forests and trees; and
(8) expand existing research and educational efforts intended to improve understanding of--

(A) tree growth and maintenance, tree physiology and morphology, species adaptations, and forest ecology.
(B) the value of integrating trees and ground covers,
(C) the economic, environmental, social, and psychological benefits of trees and forest cover in urban and community environments, and
(D) the role of urban trees in conserving energy and mitigating the urban heat island.

(c) General Authority.--The Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials for the purpose of encouraging States to provide information and technical assistance to units of local government and others that will encourage cooperative efforts to plan urban forestry programs and to plant, protect, and maintain, and utilize wood from, trees in open spaces, greenbelts, roadside screens, parks, woodlands, curb areas, and residential developments in urban areas. In providing such assistance, the Secretary is authorized to cooperate with interested members of the public, including nonprofit private organizations. The Secretary is also authorized to cooperate directly with units of local government and others in implementing this section whenever the Secretary and the affected State forest or equivalent State official agree that direct cooperation would better achieve the purposes of this section.

(d) Program of Education and Technical Assistance.--The Secretary, in cooperation with State foresters and State extension directors or equivalent State officials and interested members of the public, including nonprofit private organizations, shall implement a program of education and technical assistance for urban and community forest resources. The program shall be designed to--

(1) assist urban areas and communities in conducting inventories of their forest resources, including inventories of the species, number, location, and health of trees in urban areas and communities, identifying opportunities for the establishment of plantings for the purposes of conserving energy, and determining the status of related resources (including fish and wildlife habitat, water resources, and trails);

(2) assist State and local organizations (including community associations and schools) in organizing and conducting urban and community forestry projects and programs;

(3) improve education and technical support in--

(A) selecting tree species appropriate for planting in urban and community environments and for promotion of energy conservation;
(B) providing for proper tree planting, maintenance, and protection in urban areas and communities;
(C) protecting individual trees and preserving existing open spaces with or without tree cover; and
(D) identifying opportunities for expanding tree cover in urban areas and communities;

(4) assist in the development of State and local management plans for trees and associated resources in urban areas and communities; and

(5) increase public understanding of the energy conservation, economic urban and community environments and expand knowledge of the ecological relationships and benefits of trees and related resources in these environments.

(e) Procurement of Plant Materials.--The Secretary, in cooperation with State foresters or equivalent State officials, shall assist in identifying sources of plant materials and may procure or otherwise obtain such plant materials from public or private sources and may make such plant materials available to urban areas and communities for the purpose of reforesting open spaces, replacing dead and dying urban trees, promoting energy conservation, and providing other environmental benefits through expanding tree cover in urban areas and communities.

(f) Challenge Cost-Share Program.--

(1) In general.--The Secretary shall establish an urban and community forestry challenge cost-share program. Funds or other support shall be provided under such program to eligible communities and organizations, on a competitive basis, for urban and community forestry projects. The Secretary shall annually make awards under the program in accordance with criteria developed in consultation with, and after consideration of recommendations received from, the National Urban and Community Forestry Advisory Council established under subsection (g). Each State forester or equivalent State official may make recommendations to the Secretary for awards under the program for project proposals in their State which meet such criteria. Awards shall be consistent with the cost-share requirements of this section.

(2) Cost-sharing.--The Federal share of support for a project provided under this subsection may not exceed 50 percent of the support for that project and shall be provided on a matching basis. The non- Federal share of such support may be in the form of cash, services, or in-kind contributions.

(g)Forestry Advisory Council.--

(1) Establishment and purpose.--The Secretary shall establish a National Urban and Community Forestry Advisory Council (hereafter in this section referred to as the 'Council') for the purpose of--

(A) developing a national urban and community forestry action plan;
(B) evaluating the implementation of that plan; and
(C) developing criteria for, and submitting recommendations with respect to, the urban and community forestry challenge cost-share program under subsection (f).

(2) Composition and operation.--

(A) Composition.--The Council shall be composed of 15 members appointed by the Secretary, as follows:

(i) 2 members representing national nonprofit forestry and conservation citizen organizations,
(ii) 3 members, 1 each representing State, county, and city and town governments,
(iii) 1 member representing the forest products, nursery, or related industries,
(iv) 1 member representing urban forestry, landscape, or design consultants,
(v) 2 members representing academic institutions with an expertise in urban and community forestry activities,
(vi) 1 member representing State forestry agencies or equivalent State agencies,
(vii) 1 member representing a professional renewable natural resource or arboricultural society,
(viii) 1 member from the Extension Service,
(ix) 1 member from the Forest Service and
(x) 2 members who are not officers or employees of any governmental body, 1 of whom is a resident of a community with a population of less than 50,000 as of the most recent census and both of whom have expertise and have been active in urban and community forestry.

(B) Vacancy.--A vacancy in the Council shall be filled in the manner in which the original appointment was made.

(C) Chairperson.--The Secretary shall select 1 member, from members appointed to the Council, who is not an officer or employee of the United States nor any State, county, city, or town government, who shall serve as the chairperson of the Council.

(D)Terms.--

(i) In general.--Except as provided in clauses (ii) and (iii) of this paragraph, members shall be appointed for terms of 3 years, and no member may serve more than 2 consecutive terms on the Council.
(ii) Staggered terms.--Of the members first appointed--

(I) 5, including the chairperson and 2 governmental employees, shall be appointed for a term of 3 years,
(II) 5, including 2 governmental employees, shall be appointed for a term of 2 years, and
(III) 5, including 2 governmental employees, shall be appointed for a term of 1 year, as designated by the Secretary at the time of appointment.

(iii) Continuation.--Any member appointed to fill a vacancy occurring before the expiration of the term of the member's predecessor shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until the member's successor has taken office.

(E) Compensation.--

(i) In general.--Except as provided in clause (ii), members of the Council shall serve without pay, but may be reimbursed for reasonable costs incurred while in the actual performance of duties vested in the Council.
(ii) Federal officers and employees.--Members of the Council who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Council.
(iii) Financial and administrative support.--The Secretary shall provide financial and administrative support for the Council.

(3) Urban and community forestry action plan.--Within 1 year after the date of enactment of this subsection and every 10 years thereafter, the Council shall prepare a National Urban and Community Forestry Action Plan. The plan shall include (but not be limited to) the following:

(A) An assessment of the current status of urban forest resources in the United States.
(B) A review of urban and community forestry programs and activities in the United States, including education and technical assistance activities conducted by the Department of Agriculture, and other Federal agencies, the State forestry organizations, private industry, private nonprofit organizations, community and civic organizations and interested others.
(C) Recommendations for improving the status of the Nation's urban and community forest resources, including education and technical assistance and modifications required in existing programs and policies of relevant Federal agencies.
(D) A review of urban and community forestry research, including--

(i) a review of all ongoing research associated with urban and community forests, arboricultural practices, and the economic, social, and psychological benefits of trees and forest cover in urban and community environments being conducted by the Forest Service, other Federal agencies, and associated land grant colleges and universities;
(ii) recommendations for new and expanded research efforts directed toward urban and community forestry concerns; and
(iii) a summary of research priorities and an estimate of the funds needed to implement such research, on an annual basis, for the next 10 years.

(E) Proposed criteria for evaluating proposed projects under the urban and community forestry challenge cost share program under subsection (f), with special emphasis given to projects that would demonstrate the benefits of improved forest management (including the maintenance and establishment of forest cover and trees) in urban areas and communities.
(F) An estimate of the resources needed to implement the National Urban and Community Forestry Action Plan for the succeeding 10 fiscal years.

(4) Amendment of the plan.--The plan may be amended by a majority of the Council members. Such amendments shall be incorporated into the Council's annual review of the plan submitted to the Secretary pursuant to paragraph (5) of this subsection.

(5) Review of the plan.--The Council shall submit the plan to the Secretary and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate upon its completion. Beginning no later than one year after the plan is submitted and annually thereafter, the Council shall submit a review of the plan to the Secretary no later than December 31. The review shall consist of--

(A) the Council's assessment of prior year accomplishments in research, education, technical assistance, and related activities in urban and community forestry;
(B) the Council's recommendations for research, education, technical assistance, and related activities in the succeeding year; and
(C) the Council's recommendations for the urban and community forestry challenge cost share projects to be funded during the succeeding year. The review submitted to the Secretary shall be incorporated into the annual report required under section 3(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 (d)).

(6) Detail of personnel.--Upon request of the Council, the Secretary is authorized to detail, on a reimbursable basis, any of the personnel of the Department of Agriculture to the Council to assist the Council in carrying out its duties under this Act.

(h) Definitions.--For the purpose of this section--
(1) the term 'Council' means the National Urban and Community forestry Advisory Council established under subsection (g);
(2) the term 'plan' means the National Urban and Community Forestry Action Plan developed under subsection (g) (3); and
(3) the term 'urban and community area' includes cities, their suburbs, and towns.

(i) Authorization of Appropriations.--There are hereby authorized to be appropriated $30,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be necessary for each fiscal year thereafter, for the implementation of this section. (16 U.S.C. 2105)

Broward County, Florida Mixed Use Zoning Code

Based Upon New Urbanist Principles

Model Zoning Code - Draft 4 9/13/2006

Sec. 39-407.8 General Landscape Standards

a) In addition to the landscape requirements set forth in Article VIII Functional

Landscaping and Xeriscaping of the Broward County Zoning Code, additional

landscaping within the five mixed-use districts shall also comply with the following requirements;

b) If a CCD-I District is contiguous to residentially zoned property there shall be

provided at least a 10 foot in depth landscaped buffer which shall include a visual

barrier. Under a CCD-II or UCD-I District; a 15 foot buffer and under the UCD-II or TCD District; a 20 foot buffer is required.

c) If the zoning districts are separated by a street, alley, canal or public open space there shall be provided at least a 10 foot in depth landscaped buffer.

d) If the zoning districts are abutting the North Fork New River, there shall be provided at least a 25 foot in depth landscaped buffer.

Table 8: The Civic Open Space Table provides examples of different types of open space for illustrative guidance. A conceptual distinction to note is that of bounded (or shaped) verse unbounded space. The most urban types of civic open space are bounded space, psychologically enclosed by affronting buildings found in plazas and squares which are meant to feel like outdoor rooms. (See Standard Table of Civic Space)

B-1 Rights-of-Way

Infrastructure improvements

Landscaped islands, landscaped bulbouts, curbing, pedestrian

crosswalks and other traffic calming improvements shall be

installed within the sidewalk and/or rights-of-way (subject to

review & approval) equal to the length of the property frontage of

all the abutting rights-of-way.

In lieu of providing the above requirements, the County may allow

for the payment of these improvements, which would be placed in

a designated improvement fund. Payment could be made under

the following conditions; the improvements already exist, offsite

constraints limit the ability to currently provide such improvements

or it is determined that a comprehensive installation would be

more beneficial to the public realm.

B-2 Rights-of-Way

Landscape improvements

Street planting requirements. The vegetation listed below shall be

installed within the sidewalk and/or rights-of-way abutting the

proposed uses (subject to review and approval) equal to the

length of the property frontage of all the abutting rights-of-way.

The options available as to the type of trees to be planted and

installation requirements at the time of planting area are as

follows:

a) Shade & ornamental shade street trees shall be provided

subject to the following requirements:

1. One tree per 35 liner feet or faction thereof of rights-ofway

frontage.

2. Minimum height of 16 feet at the time of planting; or,

b) Palm Trees. Maximum of 25 percent of the required total may

be this variety subject to the following requirements:

1. One tree per 35 liner feet or faction thereof of rights-of-way

frontage.

2. Minimum height of 14 feet at the time of planting.

c) Shrub or ground cover planting requirements shall be one (1)

shrub per (10) feet or fraction thereof of the rights-of-way

frontage or ground cover shall be three (3) plants one (1)

linear feet or fraction thereof of the rights-of-way frontage.

All landscape areas shall be irrigated with a fully operational

underground irrigation system providing 100% plant material

coverage.

In lieu of providing the above requirements, the County may allow

for the payment of these improvements which would be placed in

a designated improvement fund. Payment could be made under

the following conditions; the improvements already exist, offsite

constraints limit the ability to currently provide such improvements

or it is determined that a comprehensive installation would be

more beneficial to the public realm.

B-3 Pedestrian Amenities

Additional pedestrian amenities shall be provided beyond the

minimum requirements on both private and/or public open space

areas. Four (4) of the following amenities shall be provided to

enhance pedestrian activity:

1. Benches.

2. Expanded sidewalk widths beyond minimum requirements

where possible.

3. Refuse containers.

4. Free standing information kiosk (advertising permitted by

exception).

5. Public art.

6. Water features, such as a fountain or waterfall (ground or

wall mounted).

7. Planter boxes.

Gainsville, Florida Storm Water Detention Landscaping

b.   Landscaping of stormwater management areas shall conform to all requirements of this chapter and the public works department design manual. Retention/detention areas should be landscaped with trees, shrubs, ground covers and native perennials appropriate to the function as a wet or dry basin. If the landscaped area is also designed to meet on-site stormwater management requirements, one of the following conditions must be met:

1.   The area must be designed to provide an aesthetic focal point, such as a lake, creek or other water feature; to preserve a tree grouping; or to utilize the existing terrain and/or geological features of the site.

2.   The area must be preserved in such a manner as to maintain an existing wetland function or to preserve or establish habitat for a viable population of native plant, animal or insect species.

3.   The design of the retention/detention basin shall meet the following criteria:

i.   Varying side slopes or vertical side slopes (basin 18 inches or less in depth);

ii.   The basin shall be an irregular shape, having no parallel sides;

iii.   Twenty-five percent or more of the basin area including the shoulders shall be landscaped and shall include the equivalent of at least one shade tree for every 35 linear feet, or part thereof, of basin perimeter; spacing of trees may be closer when trees are planted in groups for aesthetic effect; and

iv.   The landscaping for the basin shall be integrated with the entire landscape plan.

4.   The retention/detention area utilizes wetland and aquatic vegetation compatible with cleaning of stormwater runoff.