Fiscal Note
The proposed ordinance changes are to enhance the City's street tree protection and to establish a Street Tree Replacement Fund.
Street Tree Protection will be enhanced by applying fines to violations of the existing Tree Protection Specifications of the City’s Standard Specifications for Public Works Construction. This ordinance includes a comprehensive structure of fines.
The purpose of the Street Tree Replacement Fund is to establish a mechanism whereby the City and the public will be made whole for the removal of a street tree. Under the ordinance, any person who removes, or causes the removal of a street tree, is required to replace the tree or reimburse the City for the value of the tree by paying into the Street Tree Replacement fund. The value of a tree would be determined by the City Forester’s Street Tree Valuation Policy. These funds may only be used by the Streets or Engineering Divisions, with the approval of the City Forester, to purchase and plant trees, or complete other work related to maintaining the City’s street tree stock. The City would also be able to accept private donations and other contributions to maintaining the urban forest through this fund. Revenues and expenditure from this fund would be budgeted in future years.
Title
SUBSTITUTE: Amending Sections 4.095, 10.05, 10.055, 10.08, 10.101, 23.24 and 1.08(3)(a) and Creating Section 10.105 of the Madison General Ordinances to enhance the City’s street tree protection provisions and to establish a Street Tree Replacement Fund.
Body
DRAFTER’S ANALYSIS: This ordinance makes numerous changes to the City’s ordinances to enhance the City’s protection of its street trees.
Under the ordinance, and in combination with contemporaneous changes to the Tree Protection Specifications of the City’s Standard Specifications for Public Works Construction, additional requirements will be placed on users of the public rights-of-way to identify street tree related conflicts earlier, to take precautions to protect street trees from damage, injury or removal if possible, and to require tree replacement and reestablishment where removals occur. These changes are being made to and incorporated within several permits: the right-of-way excavation permit under Section 10.05; the street occupation permit under Section 10.055; driveway permits under Section 10.08; and tree trimming, pruning and removal permits under Section 10.101. Permittees will be required to identify impacted trees at the time of application, obtain prior permission for any tree removal, and abide by the Tree Protection Specifications for any associated work. Permits may be denied if street tree impacts will occur, and permits may be revoked if street trees are damaged or removed without authority. Where street trees are removed by third parties, persons will be required to replace and reestablish street trees, which may include planting new trees or payment to the newly established Street Tree Replacement Fund, the proceeds of which will be used by the City to support the planting, establishment and protection of street trees. The goal will be to make the City whole for its loss, and provide more incentive for right-of-way users to avoid impacting street trees if possible, particularly mature, well-established trees that cannot be adequately replaced. Sec. 4.085(2)(c) is also being amended to make it clear that the costs incurred by the Urban Forestry Program that are funded by third party payments to the Street Tree Replacement Fund are not duplicative of those costs attributable to the Urban Forestry Special Charge.
This SUBSTITUTE updates the proposed penalty language in 10.05(11)(d)2 and 10.055(4)(s)2 to make it clear that only unauthorized tree removals will be penalized under these paragraphs. Also, ordinance cross reference typos are being corrected.
This ordinance will go into effect on January 1, 2026.
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Please see Legistar File No. 89254 Body - Version 2 in Attachments.