Chapter 20.22
PRIVATE PROPERTY TREE CODE
Sections:
20.22.010 Title, purpose, and intent.
20.22.025 Applicability and authority.
20.22.030 Tree removal and minimum significant tree density.
20.22.040 Heritage tree removal requirements.
20.22.050 Emergency tree removal requirements.
20.22.060 Tree removal permit – Application process.
20.22.070 Tree removal permit – Review.
20.22.080 Tree removal permit – Notification.
20.22.090 Tree removal permit – Expiration.
20.22.110 Fee in lieu of bonding for mitigation trees.
20.22.120 Tree protection – Construction site.
20.22.130 Tree permit appeals.
20.22.010 Title, purpose, and intent.
A. Title. This chapter shall be known as the private property tree code of the town of Yarrow Point.
B. Purpose. Trees are integral to Yarrow Point’s community. Protecting and maintaining trees is essential to further the town’s comprehensive plan and preserve the community’s unique character, and to improve the quality of life. The purpose of the private property tree code is to protect, preserve, and replenish significant trees on private property in the town while allowing for the flexibility to develop and utilize private property. Yarrow Point recognizes that trees significantly further these goals by:
1. Increasing the town’s climate resilience by reducing urban heat island effects and decreasing the town’s impact on climate change;
2. Aiding in the control of drainage and restoration of denuded soil, and promoting soil stabilization and enrichment of soil by the prevention of erosion and the enhancement of sedimentation;
3. Providing a visual buffer against traffic and a buffer against noise pollution;
4. Reducing costs associated with storm water control, treatment, and utility maintenance, by mitigating the adverse impacts of land-disturbing activities such as land instability, sedimentation, pollution of waterways, soil erosion, and runoff;
5. Enhancing local property values;
6. Improving air quality by absorbing air pollutants, reducing carbon dioxide, and generating oxygen;
7. Providing protection from severe weather and moderating the effects of winds and temperatures;
8. Improving surface water quality and control; and
9. Providing and maintaining varied and rich habitats for wildlife.
C. Intent. Yarrow Point recognizes that removal of significant or heritage trees may result in the loss of these benefits to the town and its residents. The private property tree code aims to balance the benefits provided by trees while recognizing residents’ ability to develop and utilize their private property. The private property tree code is intended to:
1. Maintain an equitable distribution of significant trees on properties throughout the town;
2. Mitigate the consequences of significant tree removal through tree replacement;
3. Implement the goals and objectives of the town’s comprehensive plan, the town’s shoreline master program, and the State Environmental Policy Act;
4. Protect property owners’ ability to remove trees when they are hazardous;
5. Preserve and enhance the town’s physical and aesthetic character;
6. Prevent untimely and indiscriminate removal or destruction of significant trees except as provided for in accordance with this chapter;
7. Improve the town’s air quality and reduce air pollution;
8. Give property owners flexibility in development and mitigation approaches;
9. Promote building and site planning practices consistent with the purpose and intent of this chapter;
10. Allow for property development and redevelopment consistent with the town’s character;
11. Ensure prompt development, restoration, and replanting of new trees after tree removal;
12. Protect significant trees retained during development from damage to tree roots, trunks and branches;
13. Encourage best practices for the planting and managing of trees appropriately to minimize hazards, nuisances, and maintenance costs; and
14. Protect trees to further the benefits identified above in subsection B of this section. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.020 Definitions.
A. “Applicant” means any person that has applied for a tree removal permit pursuant to this chapter.
B. “Caliper” means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.
C. “Crown” means the area of a tree containing leaf- or needle-bearing branches.
D. “Critical root zone” or “CRZ” means the area of soil around a tree where the minimum amount of roots considered critical to the health or structural stability of the tree are located.
E. “Diameter at standard height” or “DSH” means the diameter or thickness of a tree trunk measured at four and one-half feet from the ground or as otherwise described in the “DSH Measurement Guidelines” as kept on file with the town.
F. “Hazardous tree” means a tree that meets all of the following criteria:
1. A tree with a combination of structural defects and/or disease which makes it subject to a high probability of failure;
2. Is in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure);
3. The assessed tree has a “high” to “extreme” risk rating using the International Society of Arboriculture’s Tree Risk Assessment Qualification (TRAQ) method in its most current form; and
4. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices, nor can the target be removed or restricted.
5. Is not a hazard tree due to failure to follow proper tree retention or protection practices.
G. “Heritage tree” means any significant tree with a DSH of 36 inches or greater.
H. “Mitigation tree” means any tree planted to comply with this chapter’s requirements or an existing tree which has been selected to be preserved as a mitigation tree.
I. “Mitigation tree species” means tree species that have the potential to grow to the size of a significant tree and are not a species listed on the town’s “Prohibited Tree List.”
J. “Pruning” means the act of trimming or lopping off what is superfluous; specifically, the act of cutting off branches or parts of trees with the intent of strengthening those that remain or bringing the tree into a desired shape. Pruning resulting in the removal of at least 30 percent of the live crown, as determined by the town arborist, shall be considered tree removal.
K. “Qualified professional” means an individual with the following qualifications:
1. Certified arborist from the International Society of Arboriculture (ISA) and/or registered consulting arborist (RCA) from the American Society of Consulting Arborists (ASCA); and
2. Currently holds a qualification in tree risk assessment (TRAQ) or its most current equivalent as defined by the International Society of Arboriculture (ISA); and
3. Has at least three years of experience working directly with the protection of trees during construction.
L. “Root destruction” means the indiscriminate cutting, tearing, crushing or otherwise damaging of structural or fine roots within the TPZ of a significant tree to be retained, without regard for long-term tree health or structural integrity, such that the health or structural condition of the tree is compromised or reasonably expected to be compromised as determined by the town arborist. Root destruction affecting more than 20 percent of the critical root zone (CRZ), as determined by the town arborist, shall be considered equivalent to tree removal for purposes of this chapter.
M. “Significant tree” means any healthy tree that is at least 12 inches at DSH. Significant tree also means the following trees at the listed DSH:
1. Cascara, Rhamnus purshiana, with a DSH of six inches or greater;
2. Douglas hawthorn, Crataegus douglasii, with a DSH of six inches or greater;
3. Dwarf or Rocky Mountain maple, Acer glabrum var. Douglasii, with a DSH of six inches or greater;
4. Grand fir, Abies grandis, with a DSH of eight inches or greater;
5. Lodgepole pine/shore pine, Pinus contorta, with a DSH of eight inches or greater;
6. Mountain hemlock, Tsuga mertensiana, with a DSH of six inches or greater;
7. Oregon ash, Fraxinus latifolia, with a DSH of eight inches or greater;
8. Pacific crabapple, Malus fusca, with a DSH of six inches or greater;
9. Pacific dogwood, Cornus nuttallii, with a DSH of six inches or greater;
10. Pacific madrone, Arbutus menziesii, with a DSH of six inches or greater; or
11. Pacific yew, Taxus brevifolia, with a DSH of six inches or greater; or
12. Sitka spruce, Picea sitchensis, with a DSH of eight inches or greater.
N. “Town arborist” means the individual, person, or firm, hired by the town to serve as the town arborist and/or advise on all matters related to trees, shrubs, and other vegetation. Town arborist also includes any designated agent thereof.
O. “Tree protection zone” or “TPZ” means the ground area around a tree as measured from the trunk face within which certain activities are prohibited or restricted to prevent or minimize potential injury to retained trees. The TPZ shall be a distance of one foot of radius in all directions for each inch of DSH or another distance as determined by a qualified professional following current International Society of Arboriculture best management practices and approved by the town.
P. “Tree removal” means the direct or indirect removal of a tree(s) through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning; poisoning; filling, excavating, grading, or trenching within the dripline that results in root destruction; or the removal through any of these processes of greater than 30 percent of the live crown of the significant tree.
Q. “Tree risk assessment qualification” or “TRAQ” means a qualification credential or its most current equivalent as established and issued by the International Society of Arboriculture and its chapters for the purpose of standardizing tree risk assessments. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.025 Applicability and authority.
A. Compliance With This Chapter. The provisions of this chapter shall apply to all land uses and activities in the town limits, and all persons within the town limits shall comply with the requirements of this chapter. No permit or authorization shall be approved or issued to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter.
B. Alterations. Any human activity that results or is likely to result in an impact upon the existing condition of a significant tree or its critical root zone is an alteration that is subject to specific limitations as specified by this chapter. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the significant tree or its critical root zone. Alterations do not include walking, fishing, any other passive recreation, or other similar activities.
C. Conflict of Provisions. When another provision of the Yarrow Point Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, that provision which provides greater tree protection shall apply, unless specifically provided otherwise in this chapter or such provision conflicts with federal or state laws or regulations.
D. Authority. The town arborist shall have the authority to administer, interpret, and enforce this chapter and is authorized to adopt procedures, policies, rules or guidelines; issue interpretations; conduct inspections; require reports, and prepare the forms necessary to carry out the purposes of this chapter. The town arborist may seek assistance from town departments, other public agencies or private contractors to administer and enforce this chapter.
E. Third-Party Peer Review. The town arborist will review all technical information submitted as part of any application to verify it meets all requirements of the Yarrow Point Municipal Code. At the discretion of the town arborist, any report or technical studies required as part of the application may undergo peer review at the expense of the applicant. (Ord. 783 § 2 (Exh. A), 2026)
20.22.030 Tree removal and minimum significant tree density.
A. Permit Required. A tree removal permit shall be required for the removal of any significant tree.
B. Density. The minimum significant tree density requirement is one significant tree per 5,000 square feet of lot area.
C. Density Compliance. An applicant shall demonstrate compliance with the minimum tree density requirement when:
1. A significant and/or heritage tree is proposed to be removed; or
2. A new building permit with a valuation of $50,000 or more that proposes to construct a new structure, and/or change the existing building envelope and/or increase the impervious surface is proposed.
D. Density Implementation. The significant tree density requirement may be accomplished through the preservation and maintenance of existing significant trees, or through the planting of mitigation trees, or through the designation of existing nonsignificant or nonheritage trees as mitigation trees, or a combination thereof.
E. Calculation. When calculating the required tree density per property, fractional tree portions shall be rounded up or down to the nearest whole number.
F. Shared Trees. Significant tree trunks that straddle a private property line shall be assigned a tree density value of 0.49 for each property.
G. Best Management Practices. When undertaking any work authorized by this chapter, or any tree protection, pruning, removal, or planting, best management practices as published by the International Society of Arboriculture, or other guidelines as set forth by the town, shall be employed. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.040 Heritage tree removal requirements.
A. Additional Requirements. In addition to the requirements identified elsewhere in this chapter, applicants for heritage tree removal shall adhere to the requirements listed in this section.
B. Setback Area. A heritage tree in a setback may not be removed unless:
1. The tree meets the definition of a hazardous tree; or
2. The applicant can establish that the items listed below cannot be located without removing the heritage tree:
a. Driveways;
b. Paved areas;
c. Swimming pools;
d. Low decks;
e. Window wells;
f. Piers and pier houses; or
g. Underground structures; or
3. The applicant can establish that a proposed structure in the buildable area cannot be located without causing the existing heritage tree to become a hazardous tree.
C. Buildable Area. A heritage tree in the area of the property where structures may be located may not be removed unless:
1. The tree meets the definition of a hazardous tree; or
2. The applicant can establish that the structure footprint cannot be located without removing the tree.
D. Mitigation Required. Pursuant to YPMC 20.22.100(A), mitigation is required when a heritage tree is removed. Each heritage tree shall be replaced with a mitigation tree except when the only available planting locations are:
1. Underneath existing tree canopy;
2. Within five feet of retaining walls;
3. Within 10 feet of an existing or proposed structure;
4. Within five feet of a bulkhead;
5. Within five feet of the ordinary high water mark;
6. Within five feet of underground utilities;
7. Within a right-of-way sight triangle as established by the town engineer;
8. Smaller than five feet in diameter planting area; or
9. When YPMC 20.22.100(G) cannot be implemented. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.050 Emergency tree removal requirements.
A. Any tree that meets the definition of a hazardous tree, and is determined to pose an extreme risk to people or structures under the TRAQ methodology or its most current equivalent, may be removed prior to the issuance of a tree removal permit.
B. Within seven days of the emergency tree removal, the property owner shall submit a tree removal permit consistent with YPMC 20.22.030 and 20.22.060 and include evidence justifying the removal of the significant tree. Evidence shall include, at a minimum, clear photos and/or video that shows the entire tree, the hazardous condition, and, the tree’s location on the property in relation to high-frequency targets. If the town disagrees that the evidence is insufficient, the removal may be deemed unlawful and a violation pursuant to YPMC 20.22.140.
C. Trees planted for mitigation of a hazardous tree are exempt from the bonding requirements under YPMC 20.22.100(H). (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.060 Tree removal permit – Application process.
A. Any property owner intending to remove a significant tree shall submit a tree removal permit application on a form provided by the town. The application shall include:
1. The name, address, and contact information of the property owner and/or agent.
2. A site plan showing the location, size, and species of all trees greater or equal to six inches DSH on the subject property.
3. For applications associated with a building or site development, the site plan shall also label and identify all off-site trees within 20 feet of the proposed project footprint.
4. A mitigation plan, if required per YPMC 20.22.100, Tree mitigation, indicating the location, size and species for all trees to be planted and/or identifying existing trees to be designated as mitigation trees.
5. The current permit fee, as established by the town council.
6. Compliance with all applicable local, state, and federal regulations, including eagle regulations, 50 CFR 22.80, as currently enacted or hereafter amended. Copies of such permits or documentation shall be provided to the town upon request.
7. Additional documents that may be required include but are not limited to:
a. An erosion control plan.
b. A report prepared by a qualified professional that evaluates the significant and/or heritage trees on site, as well as all trees in the adjacent areas impacted by the proposed construction.
c. A survey plan prepared by a state-licensed surveyor if the location of significant or heritage trees relative to a property line cannot be determined.
d. A tree protection plan per YPMC 20.22.120, Tree protection – Construction site, for applications associated with construction or site development.
e. A properly completed ISA basic tree risk assessment form if the reason for removal is due to risk concerns.
B. Concurrent with submittal of the tree removal permit application, the applicant shall identify every significant tree proposed for removal by placing a yellow tape around the circumference of the tree at the DSH.
C. Properties located within the town’s shoreline jurisdiction (200 feet landward of Lake Washington) are subject to additional tree removal and replacement standards per the town of Yarrow Point Shoreline Master Program Section 5.6 – Vegetation Management.
D. Any property that has a pending code violation for violations of this chapter shall bring their property into compliance prior to the town processing any tree removal permit(s). (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.070 Tree removal permit – Review.
A. Review Procedures.
1. Completeness. An application for a tree removal permit is not complete until the applicant has submitted all the applicable items required by YPMC 20.22.060 and 20.22.100(H), when applicable.
2. Decision. The town shall issue a decision on the tree removal permit application. The town may grant the tree removal permit, grant the permit with conditions pursuant to this chapter and the YPMC, or deny the permit.
a. Any condition reasonably required to enable the tree removal to meet the standards of this chapter or the applicable provisions of the YPMC may be imposed.
b. If no reasonable condition(s) can be imposed that ensure the tree removal meets such requirements, the application shall be denied.
c. The town’s decision on the application is final.
B. Guidelines for Measuring DSH. Guidelines for measuring DSH shall be as established in the “Yarrow Point DSH Measurement Guidelines” document kept on file with the town. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.080 Tree removal permit – Notification.
A. Prior to removing any significant trees, the applicant shall post a copy of their issued tree removal permit on site. The town shall also publish the tree removal permit on the town’s website. The posted and published permit copies shall include the submitted site plan.
B. Upon issuance of a permit for an emergency tree removal, the town shall publish a copy of the permit on the town’s website. The permit copy shall include the submitted site plan. (Ord. 784 § 2, 2026; Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.090 Tree removal permit – Expiration.
A tree removal permit shall expire six months from the date of issue. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.100 Tree mitigation.
A. Mitigation shall be required as follows, unless otherwise specified in this chapter:
1. When the tree density requirement is not met.
2. When a heritage tree is removed.
B. When mitigation is required, the applicant shall provide a tree mitigation plan that identifies the location of all mitigation trees, their sizes, and species.
C. Trees planted for mitigation shall have a full and well-developed crown, and be a minimum of 10 feet tall for evergreens or have a minimum three-inch caliper for deciduous trees.
D. The town arborist shall determine if a proposed mitigation tree location is suitable based on its proximity to other trees, property lines, the shoreline, critical areas, utilities, right-of-way, or structures and their appurtenances.
E. Tree mitigation requirements shall be met within six months of removing any significant tree. In the case of construction, mitigation requirements shall be met prior to final inspection.
F. Trees planted or designated as mitigation trees shall be maintained with adequate water and care to survive a minimum 10-year warranty period.
G. The town arborist may approve the designation of an existing tree on the property which is not a significant tree as a mitigation tree if all of the following are true:
1. The tree is at least four inches DSH;
2. A qualified professional has deemed the tree to be healthy, free of major structural defects and well positioned for growth into a significant tree;
3. The tree is reasonably expected to survive the entirety of the town’s warranty period;
4. The tree will be protected during construction or site work in accordance with YPMC 20.22.120; and
5. The tree is not on the town’s “Prohibited Tree List.”
H. Unless otherwise stated herein, the applicant shall post a warranty bond in a form acceptable to the town before the issuance of the tree removal permit. The bond amount shall be $2,500 per mitigation tree. The total bond amount shall not exceed $10,000 per permit on lots 20,000 square feet in area or less, or $25,000 per permit on lots over 20,000 square feet in area.
I. Mitigation trees that fail to survive the 10-year warranty period shall be replaced by the property owner with trees in accordance with this chapter’s standards. If the property owner fails to replace the tree in accordance with this chapter the town may call the bond and replace the tree in accordance with this chapter.
J. If an applicant demonstrates that they own multiple properties in Yarrow Point, they may propose planting the mitigation tree(s) on a different property from the property where the tree was removed. In this instance the two site plans will be required to show where the mitigation tree(s) will be planted.
K. The town may authorize payment of a fee in lieu of bonding for mitigation trees in accordance with YPMC 20.22.110.
L. The town may authorize planting of additional trees beyond the density requirement in lieu of bonding. An applicant subject to bonding requirements for planting mitigation trees may choose instead to plant additional trees. In that case, the bond for each required tree is waived for each additional tree planted beyond the required number to meet the density requirement.
M. Preferred mitigation tree species are listed in the town’s “Preferred Mitigation Tree List.”
N. Trees planted as mitigation for removed heritage trees shall be an evergreen species if the removed heritage tree was evergreen, and either evergreen or deciduous if the removed heritage tree was deciduous. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.110 Fee in lieu of bonding for mitigation trees.
A. Applicants may choose to pay a fee in lieu of bonding for mitigation trees. If the fee-in-lieu option is chosen, the applicant shall pay into the town’s urban forestry grant program the amount of the bond required.
B. The in-lieu fees established in this section shall be collected by the town and solely used for an urban forestry grant program to be administered by the town. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.120 Tree protection – Construction site.
A. All significant trees to be retained on a construction site, and all trees on the adjacent and otherwise affected town rights-of-way, and all trees on adjacent private properties impacted by site development as regulated under this title, or construction as regulated under YPMC Title 15, shall be protected during such activity. Construction site tree protections shall be installed on the subject property where the work is being conducted and along access routes which are utilized for the project as agreed upon by relevant parties. Such protections shall be installed by the property owner or their designee in accordance with this chapter.
B. The following tree protection requirements are required for all construction sites and shall be shown on site plans and permit documents:
1. Tree protection fencing shall be the installation of a rigid cyclone fence, six feet in height, located just outside the tree protection zone (TPZ). In the case of trees along a driveway, public right-of-way, or high-traffic areas, plywood fencing no less than six feet in height may be used in lieu of a rigid cyclone fence. A moveable panel or gate should be part of the fencing or barrier to allow access to the TPZ by town staff.
2. All tree protection fencing shall be installed according to the location as shown on the approved plan set and its location approved by town staff, prior to the commencement of work on site.
a. Clear signage designating the area as the TPZ shall be installed on the tree protection fencing.
b. Tree protection fencing shall not be moved without authorization from town staff. All fencing shall remain in place until the completion of the project.
3. A two- to four-inch-deep layer of arborist woodchip mulch shall be placed over the soil in the TPZ. Hog fuel is acceptable.
4. No construction access, debris, washout, construction materials or equipment may be stored, nor excavation or grade changes occur, within the TPZ. No parking, dumping, or burning is allowed.
5. Work required for removal of unwanted vegetation within the TPZ areas shall be hand work only; no heavy equipment.
6. When removing trees within or adjacent to the TPZ of retained trees, methods such as directional felling shall be used. Nonsignificant trees and native vegetation in these areas should be carefully preserved.
7. Where construction or utility trenches are required in the rights-of-way, side property setbacks, and TPZs, it is required to tunnel under or around roots by drilling, auger boring, pipe jacking or hand digging.
8. Tree stumps that are within a TPZ or immediately adjacent to the TPZ of a preserved tree or other vegetation shall be left in place or removed by grinding; stumps shall not be pulled.
9. Where it has been determined by the town arborist that roots of a significant tree may be encountered during excavation or grading, a qualified professional shall be on site to supervise such work, guide any root pruning and assess the potential impact of such pruning. Any root greater than one-and-one-half-inch diameter that is encountered shall be carefully cut with a clean, sharp tool. Roots cut shall be immediately covered with soil or mulch and kept moist until properly backfilled.
10. Where access for machinery or any vehicle is approved by the town within the TPZ of any significant tree, the soil shall be protected from compaction. Acceptable methods may include 18 inches of wood chips or hog fuel, plywood, or steel sheets. Town staff shall be contacted a minimum of 48 hours before entering into the TPZ.
11. Landscaping specified within the TPZ areas shall be designed to limit disturbance of surface soils and preserved vegetation. No root pruning is permitted. New plants added in these areas should be of the smallest size possible, located to avoid roots of significant trees and installed by hand to minimize disturbance.
12. Any pruning, cabling or bracing of retained trees shall be completed by a qualified professional.
13. Supplemental irrigation for all protected trees is required during the summer months or prolonged periods of dry weather as determined by the town arborist. Irrigation shall not be trenched within the TPZ of any retained tree.
14. Sediment control fencing shall not be trenched within or immediately adjacent to the TPZ of retained trees but shall be a surface-mounted alternative as approved by the town. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.130 Tree permit appeals.
Any applicant aggrieved by any action of the town relating to a tree removal permit may, within 10 days of such action, file a notice of appeal to the hearing examiner, setting forth the reasons for such appeal and the relief requested. The hearing examiner shall hear and determine the matter and may affirm, modify, or disaffirm the administrative decision within 60 days of timely appeal. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)
20.22.140 Violation.
A. A violation of any of the provisions of this chapter shall be a civil violation and any person, corporation or other entity that violates this chapter shall receive a fine of $10,000 per violation, plus $1,000 per inch of diameter (DSH) for each significant tree that is removed without a permit; provided, that the maximum fine for the removal of each significant tree shall not exceed $25,000. It shall be a separate offense for each and every significant tree removed in violation of this chapter.
B. In addition to the penalty set forth in subsection A of this section, significant trees that were unlawfully removed or damaged shall be replaced in accordance with YPMC 20.22.100.
C. If a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump.
D. Fines levied under this chapter shall be deposited into a tree mitigation fund and shall be used by the town for acquiring, maintaining, preserving wooded areas, and for the planting and maintenance of trees within the town’s public places and rights-of-way. (Ord. 783 § 2 (Exh. A), 2026; Ord. 753 § 2 (Exh. A), 2024)