Every Protected Tree removed under permit must be replaced at a 2:1 ratio with 36-inch box trees, or the property owner must pay an in-lieu fee into the Tree Mitigation and Planting Fund.
EMMC §14.03.090 mandates that all removed Protected Trees be replaced at a 2:1 ratio: two (2) 36-inch box trees with a minimum height of 12 feet must be planted on the subject property or the immediate adjacent public right-of-way, using suitable species from the city's recommended tree palette with Economic Development Department approval. If the replacement trees cannot fit on-site or in the adjacent right-of-way, the applicant may pay an in-lieu fee into the city's Tree Mitigation and Planting Fund established by §14.03.100, with the fee amount set by City Council resolution under §14.03.130. Fund proceeds may only be used to purchase and install trees on public rights-of-way, public parks, and other city-owned property (§14.03.100(3)). The City Arborist may impose the 2:1 replacement requirement as a condition of any tree removal permit and may also require replacement using a reasonably equivalent species (§14.03.080(C)). Replacement is also required as part of the mitigation plan triggered by any violation (§14.03.120).
Failure to comply with replacement conditions is itself a violation of Chapter 14.03 (misdemeanor; up to $1,000 fine, 6 months jail per §14.03.120(A)) and triggers a civil penalty up to $5,000 per tree (§14.03.120(B)). The Economic Development Director may require a guaranteed mitigation plan backed by financial security before construction may resume (§14.03.120(C)).
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