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City Tree Regulations
Council held their second discussion on small lots and potential regulatory options on January 5, 2021. The discussion covered a memo prepared by Councilmember Christy Carr that was reviewed by staff to determine an approach for future tree regulations on these lots. Following discussion, Council directed the city manager to add small lots to the planning departments work plan for 2021.
A recent permitted tree clearing near the Fairy Dell Trail and Olympic View Drive in the Battle Point neighborhood prompted concerns from some community members, and the City Council is considering new tree retention requirements for lots less than 12,500 square feet in the R-0.4, R-1, and R-2 zoning districts to address the clearing of entire lots.
Currently, lots in the R-0.4, R-1, and R-2 zoning districts that are 12,500 square feet or less have no tree retention regulations.
Information Provided for:
- Tree Removal/Vegetation Maintenance Permit (formerly Clearing Permit)
- Landmark Tree Ordinance
- New Tree Retention in R-2.9, R-3.5, R-4.3 zones
TREE REMOVAL/VEGETATION MAINTENANCE PERMIT (formerly CLEARING PERMIT)
Do I need a Tree Removal/Vegetation Maintenance Permit to remove a tree(s)?
Residential, Business/Industrial, Neighborhood Center & WD-I Zones
- For properties one acre or less in size: to remove four or more significant trees in a 36-month period.
- For properties greater than one acre in size: to remove seven or more significant trees in a 36-month period.
Mixed Use Town Center & High School Rd Zones
- No changes in permit thresholds for properties in the Mixed Use Town Center & High School Road Districts- Permit needed to remove any tree 8 inches or greater in size
- In the Mixed Use Town Center and High School Road Districts: Permit needed to remove any tree 8 inches or greater in size.
Citywide
To remove any tree that must be retained because of tree retention requirements or land use permit conditions.
What is a "significant tree"?
1. A live evergreen tree 10 inches in diameter or greater, measured 4.5 feet above existing grade; or
2. A live deciduous tree 12 inches in diameter or greater, measured 4.5 feet above existing grade; or
3. In the Mixed Use Town Center and High School Road zoning districts, any live tree 8 inches in diameter or greater, measured 4.5 feet above existing grade; or
4. Any live trees located within a required critical area or critical area buffer as defined in Chapter 16.20 BIMC.
Trees and Vegetation in Critical Areas (Wetlands, Streams, Buffers, Steep Slopes)
Minor Critical Area Permit may be required to trim, limb and remove trees and vegetation.
Aquifer Recharge Protection Areas (ARPA) BIMC 16.20.100
A property in the R-0.4, R-1 or R-2 zone would go through a process to designate an ARPA when development or redevelopment results in greater than 800 square feet of hard surfaces or greater than 7,000 square feet of land disturbing activity. The ARPA protects existing native vegetation on a property, up to 65% of the property area. Some uses and structures are allowed within the ARPA. The ARPA may be modified through a stewardship plan. More information may be found here.
Trees and Vegetation within Shoreline Areas (within 200 feet of the water)
See Section 16.12.030.B.3 – Vegetation Management of the Bainbridge Island Municipal Code. Most vegetation activities, including tree pruning and hazard tree removal, require City review and pre-approval via a shoreline clearing permit. If you are unsure whether your work requires City review and pre-approval, please call or email the Department of Planning and Community Development for assistance: pcd@bainbridgewa.gov or 206.780-3750
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LANDMARK TREE PERMIT NEEDED FOR ALL ZONING DISTRICTS EXCEPT R-0.4, R-1 AND R-2 (Ord. 2021-33 § 2 (Exh. A), 2021).
Landmark Trees (BIMC 16.32) meet the following criteria for their species:
Species | > DBH Size | Species | > DBH Size |
| Birch (Betula papyrifera) | 30" | Monterey Pine (Pinus radiata) | 30" |
| Beech (Fagus grandifolia) | 36" | Oregon White Oak (Quercus garryana) | 30" |
| Catalpa (Catalpa speciosa) | 36" | Pacific Yew (Taxus brevifolia) | 20" |
| American Elm (Ulmus americana) | 30" | Pin Oak (Quercus palustris) | 30" |
| Douglas Fir (Pseudotsuga menzesii) | 40" | Red Oak (Quercus rubra) | 38" |
| Grand Fir (Abies grandis) | 40" | Ponderosa Pine (Pinus ponderosa) | 30" |
| Horsechestnut (Aesculus hippocastanum) | 40" | Western White Pine (Pinus monticola) | 30" |
| Western Hemlock (Tsuga heterophylla) | 30" | Sitka Spruce (Picea sitchensis) | 36" |
| Black Locust (Robinia pseudoacacia) | 30" | Sycamore (Platanus occidentalis) | 36" |
| Lombardy Poplar (Populus nigra) | 38" | English Walnut (Juglans regia) | 30" |
| Pacific Madrone (Arbutus menzesii) | 24" | Western Red Cedar (thuja plicata) | 30" |
| Bigleaf Maple (Acer macrophylum) | 36" | Coast Redwood (Sequoia sempervirens) | 30" |
| Silver Maple (Acer saccharinum) | 36" | Japanese Laceleaf Maple | 12" |
| Monkey Puzzle Tree (Araucaria araucana | 36" |
Exemptions. 16.32.020 In the following circumstances, a “Removal of Landmark Tree” permit shall not be required pursuant to this section:
A. The tree(s) at issue is/are dead;
B. For routine maintenance activities required to control vegetation on road, access, or utility rights-of-way or easements, including tree removal, pruning, and thinning; or
C. For Class II and Class III forest practices regulated by the Washington State Department of Natural Resources under Chapter 76.09 RCW.
Permit will only be approved if (BIMC16.32.030.D):
- The removal is necessary to enable construction on or reasonable use of the property and no other alternative is feasible***; or
- The removal is necessary to maintain utilities, access or fulfill the terms of an easement or covenant recorded prior to the adoption of the ordinance codified in this chapter; or
- The tree is diseased, dead or otherwise determined to be a hazardous tree as determined by a qualified professional pursuant to BIMC 18.15.010.C.1.c.
- In making the decision about whether or not a landmark tree may be removed, the Director shall consider all land use regulations applied to the subject property such as Chapter 15.19 Site Assessment Review, Chapter 16.12 Shoreline Master Program, Chapter 16.20 Critical Areas, or any other tree retention regulations applied through a land use permit.
***Landmark Trees approved for removal because of reasonable use will be required to replant trees and possibly pay a fee.
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TREE RETENTION REQUIREMENTS FOR SINGLE-FAMILY RESIDENCES AND LOTS IN THE R-2.9, R-3.5 OR R-4.3 ZONES.
Note: This does not apply to single-family residences in a subdivision with designated open space.
How do I find my zone? Interactive GIS Map
Retention Requirement: 30 tree units per acre OR as many tree units as on December 3, 2018.
The below table is provided for reference from existing BIMC Table 18.15.010-5.
Tree Unit Conversion Table for Preserved Trees [1]
DBH |
Tree Units |
DBH |
Tree Units |
DBH |
Tree Units |
|---|---|---|---|---|---|
3 - 5 |
1.0 |
24 - 26 |
6.2 |
39 - 40 |
10.8 |
6 - 10 |
1.2 |
27 -28 |
7.0 |
41 - 42 |
11.4 |
11 - 12 |
1.4 |
29 - 30 |
7.8 |
43 - 44 |
12.0 |
13 - 15 |
2.0 |
30 - 31 |
8.4 |
45 - 46 |
12.6 |
16 - 18 |
3.2 |
32 - 33 |
9.0 |
47 - 48 |
13.2 |
19 - 20 |
3.8 |
34 - 36 |
9.6 |
49+ |
13.8 |
21 - 23 |
4.6 |
37 - 38 |
10.2 |
[1] For multi-stemmed trees, measure the DBH of each trunk separately, multiply each of these measurements by itself, add up these amounts, and calculate the square root of that total to find the DBH for the tree as a whole.