Life As A Bureaucrat @ Tuesday October 04, 2005 04:42 pm by WunderKraut

TREE WATCH 2005

As of 4:42 pm, the TREE is still standing. I will keep you posted as this story develops.

That is all.

12 Comments »

12 Responses to “TREE WATCH 2005”

  1. on 04 Oct 2005 at 7:55 pm   Cullen

    Crotalus, do you own a chainsaw?

  2. on 04 Oct 2005 at 8:25 pm   WunderKraut

    In this town, you could sell crack on the street in front of the police station in broad daylight and catch LESS hell than cutting down one tree without a permit.

  3. on 05 Oct 2005 at 8:12 am   Crotalus

    Actually, no, I don’t own a chainsaw. But I have many friends who do (Thus the reason I don’t). What’s up with this tree anyway? Is it in somebody’s yard and they don’t want it cut down, or what? Would it be okay if I told the guy he has MY permission to cut it down?

  4. on 05 Oct 2005 at 8:21 am   Cullen

    He absolutely has my permission. In fact. Everybody in the world has my persmission. For whatever. For whatever that means. Within reason.

  5. on 05 Oct 2005 at 8:30 am   WunderKraut

    This is how it boils down in the ol’ WunderTown.

    We have a tree ordinance that applies to all trees on commercial property and all trees in the City right-of-way. I do not care for the thing. I believe that private property owners should be able to do what they wish with their property, but I guess the tree ordinance is no different than zoning or other development regulations.

    Anyway, if you develop your commercial property you have to obtain a tree permit. You are required to have 15 tree density units (tdu) per acre of your property. There is a chart that gives you the tdu for existing trees. It is based on the diameter of the tree at chest height. For example, if the tree is a 24″ oak tree, it counts as 5 tdu’s. So you count your existing trees. If you are not going to cut any down for your development and you have the required density, then the permit is approved. However, if you are going in and clear cutting your land, you will have to plant new trees to obtain the required density. Basically, a new tree only counts as 1 tdu. Thus, the property owner is given an incentive to keep the large, older trees. As long as the property owner has the required density units, the permit is approved.

    The big difference is when the tree is on City right-of-way. Then you fill out a different permit and the City Arborist takes a look at the tree. If he says the tree is healthy and should not come down, he rejects the permit. That is what happened at this site. The tree in question is in the right-of-way and it is a large 24″ oak tree. The Arborists rejected the permit. But the tree needs to come down to comply with DOT requirements for a decel lane. Also, it is DOT right-of-way in the city limits. So the question came up as to whether or not the City tree ordinance can be applied to DOT right-of-way. I believe it CAN’T. But, my boss made me send a letter to the City Attorney requesting that he rule on whether the ordinance applies to the DOT right-of-way, even when their requirements conflict with our approval for taking the tree down.

    Like I told the guy, it would only be a $700 fine……

  6. on 05 Oct 2005 at 8:32 am   WunderKraut.com » Life As A Bureaucrat

    [...] Update: Check out TREE WATCH 2005 for the continuing saga of this tree [...]

  7. on 05 Oct 2005 at 8:55 am   Draco

    Just call your local tree huggers and let them give this guy hell.

  8. on 05 Oct 2005 at 1:30 pm   Nightfly

    Someone knit that tree a cozy!

  9. on 05 Oct 2005 at 1:32 pm   WunderKraut

    Good one Nightfly!

  10. on 05 Oct 2005 at 4:54 pm   Nightfly

    I’ve actually seen that cozy with my own eyes, live, under the shining sun. It defies belief.

  11. on 05 Oct 2005 at 9:45 pm   Zsa Zsa

    What a strange law!

  12. on 09 Oct 2005 at 8:50 pm   WunderKraut.com » TREE WATCH 2005 – Conclusion

    [...] TREE WATCH 2005 [...]