Green Laws-Trees and the Landscape Ordinance

D.G. Abbey,ASLA

School of Landscape Architecture

Louisiana State University

  © all rights reserved

Abstract

The United States is a country of law.  Many different laws exist to protect the public health, safety and welfare.  However, few laws exist to nurture nature in the city.   Until recently most building codes, development regulations and city ordinances paid little attention to the native environment or the man made natural landscape within the city.

 

Green Laws, laws that are concerned with "nature in the city," were created in the late 1960's and early 1970's in a few cities across America to ensure natural resources are protected, preserved and cared for through proper design, protection, installation and maintenance.

 

There are three general types of green laws that are used in the United States today.  Those that manage urban trees, those that install landscaping after development and those that are intended to prevent the clearing of trees and destruction of native habitat prior to development.  This paper explores how different cities in general and specific cities in particular view their relationship to trees through ordinance development.

 

Examples are given and various city codes are cited. Tables and illustrations provide supplemental information. Research work that Louisiana State University is conducting is mentioned.

 

  

Green Laws-Trees in the Landscape Ordinance

 D.G. Abbey,ASLA

School of Landscape Architecture

 Louisiana State University

 © all rights reserved

 

           There is no question that America is a land of law and not men. The Founders, and  early lawyers had a lot to do with this of course, but there are other important reasons to enact law.  In its widest application, laws were created to regulate the affairs of people. In its narrowest application in the public realm, laws were created for the protection of the public health, safety and welfare. Local and state law to protect the public is a mandate that all municipalities have embraced.  

 

Laws that the protect the public health, safety and welfare come in many forms and disguises.  For instance, all communities have zoning ordinances, subdivision ordinances and development regulations. These local laws control construction and growth, thereby protecting citizens from ill planned or unwise development.  In addition, there are building codes which protect the public from shoddy or dangerous construction that might fail, fall or burn.  In the end the city is a better place to live and that is in the public interest.

 

Building Codes

The building code that most American communities in the south have adopted is the Standard Building Code published by the Southern Building Code Congress International. 1.  This Standard Building Code is in effect a compilation of many codes that effect development and construction.  Contained within this code and other similar codes are standards for everything from plumbing and  mechanical systems to electrical, structural and handicap accessibility.  Other chapters of the code regulate special construction, housing, fire prevention,  gas, hurricane resistance and swimming pool construction. 2.  Together these codes create the environments in which we live, work and play. Our homes, businesses, public places of assembly are all built to code in most metropolitan places in America.

 

However the standard codes do not recognize the natural environment, nature and natural elements that might exist on a building site prior to construcion or following construction.

 

No where in the standard codes are found standards for dealing with nature and protecting existing site resources like trees, soils, wildlife and micro-climate. The words, "vegetation," "planting," "landscaping," "land clearing," "habitat preservation," "pruning," "maintenance" or "tree protection" can not be found in the index to this code. There are no standards that pertain to construction within the natural environment or construction of the man made "natural environment."  There are no standards, regulations or guidelines for dealing with trees, drainage, or topography.  This lack or recognition of the existing site and the rebuilt natural landscape can be referred to as the so called "missing 5% of the standard building code."  It is a serious oversight that has not gone un-noticed.  It requires correction.

 

Local and municipal green laws were created to make up for this oversight.

 

Green Laws

Urban environmental laws that promote the public health, safety and welfare by protecting or enhancing nature in the city are known as "green laws." (Abbey 1988)

 

Green laws promote environmental quality and livability in the city.

 

The establishment of environmental quality which includes aesthetic issues, sprawl prevention, livability and smart growth is seen to be in the best interest of the public.  That is why green laws are being written that require the preservation or enhancement of nature in the city.

 

This original smart growth legislation insure standards that protect trees, maintain air and water quality,  channel urban growth away from areas of natural hazard and enhance land use all of which increases the quality of life.  In addition, these laws provide for natural amenities, heighten the visual character of neighborhoods and increase land values of urban space.  As a result, beauty and pride of place is maintained.

 

Finally, green laws support nature and promote the public health and welfare by  maintaining the native tree canopy and adding new vegetation to cleanse the air, provide wildlife habitat or reduce heat and glare.  (Moll 1989)

 

One thing all green laws have in common is that they preserve the natural landscape and or enhance the built landscape through the principals of landscape design and through the application of natural elements, especially plant materials.  Almost all green laws contain reference to plants and planting, hence the sobriquet, ' green law.' 3. (Abbey 1988)

 

 

Types of Green Laws

Green laws have been enacted in many states and municipalities and more are being written each year. (Robinette 1992)   Typically, urban environmental laws are intended to 1) establish urban tree management programs, 2) establish new landscape plantings following construction and 3) preserve existing natural amenities including majestic historic trees, forest lands, wetlands or unique habitats.

 

Collectively these laws represent societies recognition that nature in the city is something of value and something that we must nurture. Americans are stepping forth to protect nature in the city.

 

In the deep South and west these laws are commonly called ordinances.  In Florida they are known as landscape codes.  In other parts of the country they are found as sections of zoning ordinances and municipal codes. In some communities, primarily in the north and New England these laws do not yet exist or are not wide spread. 

 

Tree Management Ordinances

The first green laws are tree ordinances.  Ordinances that establish urban tree management program, often called urban forestry programs, were the first green laws enacted across the country on a broad scale. (Abbey 1993)  This type of law became quite common following the threat of Dutch elm disease blight of the 1930's and 40's. Cities finding themselves awash in dead and dying trees scrambled to put into effect municipal tree programs to deal with the problem.

 

Drafting an ordinance is the first task a city must do to establish a program.

 

Based upon traditional municipal "tree ordinance models" and certain "standards and specifications" these early laws were designed primarily to establish city forestry programs and to regulate the practice of aboriculture. 4. Common articles of these models established municipal authority, provided definitions, set forth licensing and insurance requirements and promulgated basic  tree standards for planting, maintenance, removal and protection.  Other parts of the early tree ordinances, based upon the ISA model mentioned above addressed private trees, permits and enforcement.

 

This type of green law has transformed itself recently into a tree management ordinance. These ordinances are taking on new significance in American cities as evidenced by the growing number of communities that are becoming "Tree Cities." To be designated as a tree city, The National Arbor Day Foundation the main force behind the tree city concept, requires that each community that enters this program, must have a tree board or department, a tree ordinance and set aside a certain amount of tax money for tree care.

 

Contemporary tree management programs, those organized in the 1970's and 80's, go a little further by establishing city Tree Commissions  or Tree Boards composed of activist citizens. 

 

Typically, these contemporary ordinances establish a citizen activist Tree Commission to enteract with elected city leaders. The Commission works to see that a community urban forester, municipal arborist or landscape architect is hired as a Director and that an organization and budget is provided for a city tree trimming and planting crew.  The responsibility of the Commission, Director and crew extends to trees along streets, in parks and on public service lands such as city hall, jails and fire stations. The Tree Commission works with the public and the city elected officials to increase public support for trees.

 

This approach has proved to be popular in that it increases the political support needed to garner the budget necessary to conduct the operations of the city tree program . Active citizens on the Tree Commission can do much to create a public awareness of the importance of trees on public lands as well as on adjacent private lands.  Working with the city arborist, city landscape architect  or urban forester, they make a powerful team speaking for city trees and public landscapes.

 

Consider for instance the relationship of certain cities to their tree ordinances, and by extention their trees.

 

Boise, Idaho drafted a recent municipal tree ordinances based upon the 1972 ISA model. Their ordinance which some would consider "dated," does all the traditional things like setting up a municipal tree program, setting forth standards for urban tree care, preventing damage to public trees and for licensing of tree care professionals. Still others, like Lufkin, Texas are adopting ordinances based upon the old model but do not go as far as setting up municipal forestry program. 5. Some, such as the Baton Rouge, Louisiana Tree Ordinance goes a little further and requires that the City Forester and Tree Commission work to develop educational programs, establish a botanical garden, celebrate arbor day and prepare an annual tree plan for the public.  (Abbey 1993) 6.

 

What is especially nice about this ordinance is that it is contained within, and is a very visible part of, the community's Unified Development Code (UDC).  This code replaced separate codes for zoning, subdivisions, and infrastructure building.  All city codes associated with community building are now housed in the UDC.  The city landscape and trees ordinance is now prominently displayed for all builders to see and use.

 

The ordinance itself needs development but it has been properly drafted and placed in the city code for future improvement.   The  structure of this ordinance is its primary feature at present. It would be an advantage to very community to follow this idea of drafting the local landscape code and the city tree ordinance together.  There is no reason they should be separate. They work together, an expanded interest group supports them and both ordinances revolve around trees.

 

Trees are the central concern of public tree management ordinances.  Until recently, tree management referred to publicly owned trees only.  Some of the most creative work with green laws today is finding ways to extend municipal control over trees on private land. 

 

Contemporary tree ordinances do more than organize municipal forestry programs and license arborists. 

 

Tree ordinances are being written which explore new approaches to urban forestry. For instance people are working to write law that will require inventory and analysis of existing tree cover prior to site clearing.  Other people are writing standards that must be followed in planting, pruning, removal, transplanting and maintaining trees.  Others are working to write law that sets forth methods and procedures for protecting trees, encouraging better design, and protecting natural habitats.  Many communities are finding that it is important to recommend certain species for use and prohibit others as nuisance plants.

 

Some of the real cutting edge work in tree ordinance development can be seen in a few cities that are starting to write standards for land clearing, greenspace plantings, parking lot shading, density standards, revegetation, urban landscape design and replacement values.

 

Really nice work with tree ordinances is going on in places like Savannah, Georgia, Charlotte, North Carolina, Gwinnett County, Georgia, Davis, California, Atlanta, Georgia and Austin, Texas. There are most likely other cities doing some pioneering work of which this author is not aware.

 

Dekalb County, Georgia requires that a tree protection plan be submitted with all land development projects.  This community restricts the removal of historical trees and trees in flood plains and along stream banks. If trees are removed in protected areas, or if protected areas without trees are disturbed during construction, the community requires that the developer preserve enough trees or plant new trees to produce a density factor of thirty (30) units per acre. They provide a DBH chart of values to assist in determining density. 7.

 

Individual, consultants, agencies, communities and tree support groups are working to establish tree standards and related technical requirements in many other cities in America.  Listed below are just some of the various types of tree standards that have been culled form tree manangement ordinances from across the country.  These are seen in Table 1. The list should not be considered complete but it most likely does represent a vast majority of tree standards that have been enacted into law or are being considered as law in certain communities.

 

  

__________________________________________________________________

               T  R  E  E     S  T  A  N  D  A  R  D  S

__________________________________________________________

                        Type                                                   Purpose

__________________________________________________________________

            Inventory & Evaluaton                       Recognition of  site resources

                Street Trees                                           Improve public streetscape

                Park Trees                                             Trees in parks and public spaces

                Design Standards                                Standards for design with trees

                Aboricultural Specifications              Standards of practice

                Tree Protection                                     Preserve trees during construction

                Protected Trees                                    Certain sizes and species are protected

                Canopy Coverage                                Cool parking lots, reduce glare, maintain air quality

                Root Protection Zones                        Protection to root zone area

                Minimum Planting Area                      Minimum required root zone area

                Landmark Trees                                    Preserve historic, unique and ancient trees

                Protect Sensitive Habitat                    Preserve wetlands, slopes, soils, wildlife

                Planting Standards                              Promote proper planting and transplanting

                Maintenance Standards                      Maintenance to ensure urban forest quality  

                Pruning Standards                               Regulate arboricultral practices

                Topping or Hatracking                        Severe Pruning Prohibited

                Removal Standards                              Restrict tree removal, permits

                Tree Credits                                          Incentives for saving tree cover

                Recommended Species                       Desired species, native and exotic

                Prohibited Species                               Species not wanted in the community

                Species Diversity                                 Suggested combination of plant material

                Disposal and Re-use                           Restrict loss of nutrient bio-mass

                Tree Planting Plans                              Plans Required for plantings on public lands

                Public Access                                       Streets, utilities, access to private trees

                Inspection                                             Inspection of tree work on public property

                Penalties                                                Disincentives

                Administrative Procedures

   _____________________________________________________________

Table 1 . Tree Standards..................................................Louisiana State University

 

Other cities and locals might also be mentioned.

 

Prince William County, Virginia also requires a certain amount of tree canopy. They are interested in the fact that tree cover will yield a certain amount of "permanent environmental and aesthetic benefit to the community.  However, in this community they take the idea of the importance of tree canopy one step further and require that a minimum amount of tree cover based upon "percent of site" be required for various types of land use.  The percent is ranges from 20% of site for single family residential to 10% for commercial, institutional and industrial. Coverage is calculated for a ten year growing in period and coverage is species specific.  To offset this, Prince William provides for "tree credits" for tree preservation if certain guidelines covering plant quality, cut and fill, barricading, root pruning, compaction, site drainage and building location siting are followed. 8.

Tree protection in Chapel Hill, North Carolina is largely gained by requiring that no site is disturbed until a Zoning Compliance Permit is granted. There are some exceptions.  To acquire a permit requires that a Landscape Protection Plan be filed with the Town Manager.  The purpose of this plan is to describe existing soils and vegetation, identify where trees are to be protected and address measures for protecting on site resources during construction. This is referred to as a "Tree Plan" in Charleston County, South Carolina and must be prepared by licensed registered landscape architect, surveyor or civil engineer. 9. Construction in Chapel Hill can not proceed until a pre-construction conference is held and an on-site until a certified "Landscape Protection Supervisor" is assigned the task of being on site during clearing or other development operations.  The purpose of this on site supervision is to ensure that no activity take place that might cause harm to those existing or new landscape elements identified on the Landscape Protection Plan.  In addition, the supervisor observes clearing and grubbing operations, approves protective fencing, identifies public hazards, observes planting of replacement vegetation and make sure that trees are not abused mechanically or chemically.  10.

 

Fairhope, Alabama is a nice little community on the eastern shore of Mobile Bay and they like their trees.  They go to great lengths to see that "significant trees", those over 24" considered part of the cities heritage, are protected. They can levy heavy fines or give jail time to developers or individuals who harm or damage trees on public land.  Restitution fines can range up to twenty thousand dollars ($20,000.00) for damage to a 30"DBH tree.  11.

 

Tree preservation and tree replacement in Charleston County is also serious business. Tree Preservation and replacement planting zones from the Charleston County ordinance are  illustrated in Figure 1.

 

This community protects all trees over 8" DBH and defines all trees except pines that are over 24"DBH as significant trees. "Significant trees" enhance the Low Country quality of life and are a sacred and inseparable part of the areas historical legacy. Trees that are removed must be replaced.   Interior and border areas varying in width from ten (10) feet to twenty five (25) are defined on each site as places to replant trees. 

 

Within these zones certain standards of tree preservation and tree replacement are set forth in the ordinance. The most interesting is the requirement that within the interior zone a combined one hunderd and sixty inches (160") combined DBH or twenty (20) trees per acre are required for replacement.  As an example, a developer could replant forty (40) four (4) inch trees or twenty (20) eight (8) inch trees to meet the standard. Variations and credits under certain conditions are allowed and more stringent replacement standards are followed for sites that are cleared without a permit. 12.

 

 _____________________________________________________________

  Figure 1 . Tree Preservation and Replacement Planting Zones...Charleston, South Carolina.

 

Post Construction Landscaping Laws

Green Laws that require landscaping of sites following construction is becoming the most common landscape ordinance now on the books in the United States.  This type of law is  commonly called the "landscape ordinance" or the "landscape code." Landscape codes requires the revegetation of developed land following construction.  These laws consist of "design components" and "technical design standards" that set minimal standards that the community requires.(Abbey 1988)

 

This type of green law requires landscaping to street edges, enhancement of parking lots,  screening of unsightly views and buffering of adjacent but different land uses. (Robinette 1992)   Requirements are often specified for screening trash areas and loading docks as well as designing street yard planting areas, accessways and street wall plantings.   There are twenty (20) "design components" that apply to landscape codes, although no community in America has adopted all components. ( Abbey 1998) See Table 2.

 

__________________________________________________________________

               D E S I G N     C O M P O N E N T S

__________________________________________________________

                        Type                                                   Purpose

__________________________________________________________________

            Habitat Preservation Zone                 Site resource preservation

                Building Site                                                         Area to be covered by a structure

                Street Tree Planting Area                                   Streetscape improvements

                Street Yards                                                          Open space planting

                Waterfront Yard                                                   Water edge landscape improvements

                Stream Bank Buffers                                            Streamside And Water Protection

                Vehicular Use Area                                              Parking lot design

                Interior Landscape Area                                     Interior to parking lots

                Parking Screens                                                    Screen on site parking

                Bufferyards                                                           Screening and separation

                Open Space Requirement                                   General Open Space Planting

                Street Wall Planting Area                                   Blend buildings to site

                Loading Docks/Trash/ Storage                         Screening

                Sign Monument Area                                          Placement of signs

                Sight Triangles                                                     View clearance & obstruction

                Utility Connection Cores                                    Utility connections & servitudes

                Hydro Zones                                                        Irrigation area layout

                Retention/Detention Basins                               Storm water management features

                ADA Standards                                                   Access and safety requirements

__________________________________________________________________

Table 2 . Landscape Code Design Components....Louisiana State University

 

Some of the landscape design component requirements of the San Diego, California landscape ordinance are illustrated in Figure 2. This drawing shows several typical requirements of this type of post construction landscaping ordinance. 13.

 

The purpose of San Diego ordinance is to improve the appearance, quality and quantity of landscaped areas that are visible from public roadways and adjacent developments.  The city-wide landscape ordinance requires landscape improvements in three distinct areas of development.  Those areas are street yards, vehicular use areas, and remaining yards.

 

Of particular interest in this code is their point system for minimum plant material requirements based on the quantities and sizes of trees and shrubs planted in required landscape areas and in the public right-of-way.  A point value is determined for trees and shrubs based on their container size.  Points are also given for existing trees located in the required landscape plan.  To satisfy minimum landscape requirements, one must achieve a certain minimum number of points per square foot of required landscaped area.

 

 Other topics of the ordinance include:  Landscaping and irrigation standards for slopes, and improvements in the public right-of-way. Submittals of a planting plan, irrigation plan, grading plan and site plan are required. Application procedures and installation verification are carefully explained in the administrative part of the ordinance.

 

 

Excellent computer drawings appear throughout this ordinance's entirety which help explain principles of the code.  In addition, the city provides a "design manual" to landscape architects to assist them in interpreting the legal language of the code.  Example drawings of typical commercial project, typical industrial project, and typical residential project are provided.

 

 

                                 _________________________________________________________________

Figure 2 . Landscape Ordinance Requirements..............................................San Diego, California

 

 

 

 

Land Alteration Ordinances

Less common, are laws based upon drainage, erosion control, habitat preservation and wildlife protection. These ordinances fall into the third class of green laws, those known as land alteration ordinances. (Abbey 1999) These ordinances, sometimes called comprehensive landscape ordinances, have been written to ensure wise land development and to see that each developer recognizes sensitive site habitats before clearing land.

 

Land alteration is any activity which removes vegetation from or changes the topography of the land by grubbing, tree removal, clearing, grading, filling or excavating. Land alteration is any activity that changes the essential character of the natural landscape.

 

These sophisticated and environmentally strict ordinances found in communities in Florida, Virginia, Maryland, Michigan and Arizona and elsewhere where communities require that existing trees be preserved and natural habitats like forests, native plant colonies, wetlands, erodible hillsides, aquifers be protected and maintained.   This type of ordinance calls for minimal site disturbances and preservation of most trees over a certain size or of a certain desired species.  In some instances, where tree canopy is essential, entire forests are restricted from clearing.

 

Certain green laws which may concentrate on the preservation of existing trees and habitat have been referred to Tree Conservation Ordinances. (Duerksen 1993)  But in fact, by the definition used here, they are land alteration ordinances. Most are very stringent and developers are required to carefully plan prior to clearing land.   Many communities choose the term" land alteration ordinances" rather than "tree conservation ordinances to reduce political opposition to those wanting to save community trees.  Land alteration requirements seem to be more understandable, however not completely acceptable, to developers than laws that just require saving trees. The broader the environmental appeal, the more apt the community will be to enact such legislation.

 

Typically these laws are written into local Land Development Codes which regulate all aspects of land development in sensitive regions.  Land alteration ordinances from Hillsborough County, Florida, Baltimore, Maryland, Ann Arbor Michigan and Tucson, Arizona are instructive as to what this type of landscape development this type of green law will  allow.  (Abbey 1998)

 

The Hillsborough County, Florida ordinance is typical of a land development code. 14.

 

The primary purpose of this ordinance is to set forth regulations regarding land alteration, the protection of trees and other vegetation, and the protection of environmentally sensitive areas, in order to maintain the quality of life in Hillsborough County. Its constitutional intent is to protect the health, safety, welfare, and general well being of the citizens.   

Any development intending to alter the land in any way must first acquire a Land Alteration Permit from the County Administrator.   This ordinance is enforced by the Administrator through the issuing, and possible revoking, of Building Permits, Certificate of Occupancies, Development Orders, Development Permits, or Development Approval.

The land alteration standards and guidelines in this code include topics such as, protection of soil and water resources, protection of surface water flow, protection and replacement of trees, illustrations, protection of environmentally sensitive areas, uplands providing significant and essential wildlife habitat, protection of natural plant community vegetation outside of conservation and preservation areas.

 

Provisions are made in this code to establish an environmental restoration fund, in which developers contribute money to provide for re-vegetation of public lands, mitigation, additions to tree banks or restoration at public expense.

 

There are many unusual aspects of this ordinance; too many unique elements to mention in this article.  However, it is interesting to note the involvement of an alphabet soup of agencies that interact with the law, the developer and the land that is proposed for alteration. 

 

Agencies or organizations referred to frequently in the ordinance include the County Administrator, County Commissioners, Zoning Administrator, County Code Enforcement Board, Environmental Protection Commission, Florida Game and Freshwater Fish Commission, U.S. Fish and Wildlife Service, Florida Department of Agriculture and Consumer Services, Division of Forestry, Environmental Restoration Fund.  Development in Hillsborough County  requires working with each of these agencies and understanding detailed rules and regulations of the law which must be followed.

 

Summary

To summarize there are three types of green laws. Those that manage urban trees, those that add landscaping after development and those that are intended to prevent the clearing of trees and destruction of native habitat.

 

Momentum is growing in this country to ensure that our communities are green and clean. Green laws being written nationwide by dedicated people will surely see that it happens.

 

The goal of all groups such as environmentalists, landscape architects, urban foresters, arborists, landscape contractors should be to see that green building standards, regulations and design guidelines are created to rebuild the natural landscape or preserve the native landscape of our American communities.  Collectively the intent of these green laws should be to make our communities better places to live.

 

The School of Landscape Architecture at Louisiana State University is working to assist individuals, organizations and communites, (if time permits) in the development of well written landscape codes. . Researchers are making plans to launch a multi-year research project to draft a "standard landscape code" that could be used nationwide as a model and perhaps inserted into the Standard Building Code. A national coalition is in the works to provide oversight to the researchers. Input from outside experts always advances research in the public interest. The principal investigator and coalition hope to work closely with the building code agencies to see that the Standard Landscape Code it is adopted.  Interested parties can monitor the work of this coalition by staying in touch with the LSU Green Laws web site.  www.greenlaws.lsu.edu.

 

 

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March 17, 2000 v.6

 

            Foot Notes

 

                1. The common building codes used in this country for the past few decades have been published either by a particular state, Oklahoma or Wisconsin for instance or by several code related organizations.  The various organizational codes include the Southern Building Code, the ICBO Code or the BOCA Code. These have published respectively by the Southern Building Code Congress International, the International Conference of Building Officials and the Building Official and Code Administration International.  Currently all codes are working to merge into the new International Building Code (IBC) which will be overseen by the combined organizations known as the International Code Council (ICC). Most landscape codes are published by municipalities.

 

                2. Southern Building Code, published by the Southern Building Code Congress International, Birmingham, Alabama, 1994.

 

                3. This terminology, green laws, was first used in 1988 to attempt to explain the lack of recognition for the importance of nature on urban living.  Any municipal law that protects, preserves, replaces and maintains nature or natural resources in the city can be said to be a green law.

 

                4. A publication of the International Society of Aboriculture (ISA), Municipal Tree Ordinance Manual  has been used for years as the traditional model. This model was largely based upon the work of  the Colorado State Forest Service and written by Philip Hoefer et al. This and subsequent models such as one published by the National Arbor Day Foundation, Bulletin No. 9, are often cited as being the basic models used to develop this type of green law.

 

                5. Boise, Idaho, Zoning Ordinance, Chapter 16, Sec.09-16.01, n.d. Lufkin, Texas, Tree Ordinance, Ordinance 332, amended September 7, 1999.

 

                6. Baton Rouge, Louisiana, Unified Development Code, Chapter 18, Landscape And Trees, Sec.18.0, as amended,  originally Ordinance 9360, Trees Shrubs and Flowers on Public Property, December 11, 1991 and Ordinance 9808 Minimum Landscape Requirements, January 19, 1994.

 

                7. Dekalb County, Georgia, Land Development Ordinance, Chapter 14, Sec.14.39, amended March 11, 1997.

 

                8. Prince William County, Virginia, Buffer Areas, Landscaping and Tree Cover Requirements, Section 800.20-31, n.d.

               

                9. Charleston County, South Carolina, Charleston County Zoning Ordinance, Tree Preservation Requirements, Section 30.10.10, February  21, 1989.

                10. Chapel Hill, North Carolina, Development Ordinance, Article 11,Tree Protection, Section 800.20-              31, January 1, 1990.

 

                11. Fairhope, Alabama, Tree Ordinance, Ord. 1037, September 14, 1998.

 

                12. Charleston County, South Carolina, ibid.

 

                13. San Diego, California, Landscape Ordinance, Ord. No. 16650. 1986.

 

                14. Hillsborough County, Florida, Land Development Code, Ordinance No. 92-05, March 4, 1992.

 

Bibliography

Abbey, D.G. Buck, "Green Laws, Building Landscapes In The Twenty-first Century".  Proceedings 1999 ASLA Annual Meeting, American Society of Landscape Architects, Washington D. C.. 1999.

 

Abbey, D.G. Buck, "U.S. Landscape Ordinances".  John Wiley & Son, Inc., New York, NY. 1998.

 

Abbey, D.G. Buck, "Guide To Writing A Landscape Ordinance."  Louisiana  Association of Nurserymen, Baton Rouge, LA. 1988.

 

Abbey, D.G. Buck, "Guide To Writing A City Tree Ordinance".  Louisiana  Association of Nurserymen, Baton Rouge, LA. 1993.

 

Duerksen, Christopher. J., Richman, Suzanne,  Tree Conservation Ordinances, PAS Report Number  446, American Planning Association, Chicago, IL. 1993.

 

Moll, Gary, Ebenreck, Sara., Shading Our Cities, Island Press, Washington D.C., 1989.

 

Robinette, Gary, O. "Local Landscape Ordinances." Agora Communications, Plano, Texas, 1992.

__________________., Standard Building Code, 1997 edition, Southern Building Code Congress International, Birmingham, Alabama, 1994.

 

Webography

LSU Green Law Web Site,  www.greenlaws.lsu.edu

Region 8, USDA Forest Service, www..r8web.com/spf/ordinance_index

Guidelines for Developing Tree Ordinances  www.isa-arbor.com/tree-ord

 

                NOTE:  This work was funded in part from a grant by the Urban Forestry Program

                        Louisiana Office of Agriculture & Forestry.

 

Biography

 

Prof. D.G. Buck Abbey is Associate Professor of Landscape Architecture at LSU and Principal of the Louisiana, landscape architecture - planning firm, Abbey Associates, Inc.. Abbey has taught design, construction, graphics and computer technology courses at LSU for over twenty-five years. Abbey received his terminal degree from Harvard University and attended Michigan State University, University of Delaware and Jackson Community College.

 

 He is a recognized authority on municipal landscape codes and is author of the book U.S. Landscape Ordinances published by John Wiley & Sons, Inc. in 1998. 

 

He 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.design.lsu.edu/greenlaws  or  www.abbey-associates.com

 

He provides consulting services on landscape codes and site planning nation wide. He is presently working on a second book concerning tree ordinances  and landscape codes.  He can be reached via e-mail at LSUGreenLaw@aol.com or by calling 225.388.1434