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21st Century Ordinance Builder for Tree Protection Advanced Components

This resource is an extension of the entry-level components for building a 21st century ordinance for tree protection in Illinois.

Content Detail

The following advanced components add to the core of your tree protection ordinance.

These 16 components are beyond the Entry-Level Tree Protection Ordinance components but are highly recommended to be included for a 21st century ordinance. Within each component, there are basic, recommended, and aspirational uses, meaning your governmental entity can make advances to protect your urban forest for the future as your capacity allows.

Acknowledgements

Funding provided by The Morton Arboretum and the United States Department of Agriculture Forest Service through direction of the Illinois Department of Natural Resources Urban & Community Forestry Program

Content derived from Miller, R.W. & Hauer, R. & Werner, L. (2015). Urban Forestry Planning and Managing Urban Greenspaces, Third Edition. Long Grove Longrove, IL: Waveland Press; Swiecki, T.J. and E.A. Bernhardt., E.A. 2001. Guidelines for Developing and Evaluating Tree Ordinances [PDF file]. Retrieved from https://wwv.isa-arbor.com/education/onlineresources/treeordinanceguidelines, 2022.;, Bernhardt and Swiecki, (1991), ISA’s ‘Guidelines for Developing and Evaluating Tree Ordinances’ (2001), Phytosphere’s tree ordinance guidelines, CRTI ordinance templates, and input from CRTI Trees and Green Infrastructure Work Group.

The Morton Arboretum is an equal opportunity provider.

Table of Contents

Advanced components build upon the foundation of your ordinance.

These components are additions to the entry-level ordinance components. Within each component, there are basic, recommended, and aspirational regulations, meaning your governmental entity can develop an ordinance to work within your current capacity with clear steps to improve your ordinance for the future.

Establishment of a Tree Advocacy or Advisory Group

Tree Preservation or Removal Plan for Significant Removals

Obstructions

Special Rules for Conservation or Preservation Areas

Nuisance and Condemnation

Invasive Species Control

Tree Risk Assessment

Tree Credits

Tree Bank

Cash Bonds

Final Inspection

Legacy/Heritage Tree Protection

Public Outreach

Species/Genus Diversity Requirements

Canopy Cover Goal

Cost-Share Tree Planting Program

Establishment of a Tree Advocacy or Advisory Group

Establish a group to advise on urban and community forestry.

Component definition: Creates a tree board, or identifies an advocacy or advisory group, and describes its membership, including term, responsibilities, qualifications, and authority. Advisory groups are organizations that are formalized or chartered (i.e., organizations established by the local government) to advise (during the reporting year) on the establishment, conservation, protection, and maintenance of urban and community trees and forests. Advocacy groups are nongovernmental organizations active in the community that advocate or lobby for the establishment, conservation, protection, and maintenance of urban and community trees and forests during the year.

Importance: Involving residents and business owners creates greater awareness of the value and importance trees have in the governmental entity and can provide various types of support for your urban forestry programming including advocacy, volunteerism, etc. According to the USDA Forest Service’s Community Accomplishment Reporting System, these groups “aim to ensure that community residents and program stakeholders are informed, educated, and engaged in the development and implementation of a sound community forestry program at the local level.”

Notes: Tree boards are suggested by the Arbor Day Foundation’s Tree City USA program. Excellent tools such as the Tree Board University exist to support tree boards and their members.

Levels for suggested use:

  • Same as Recommended.

  • The tree board or group serves in advisory function only and may include a directive of citizen-based tree advocacy or volunteerism.

    Examples:

    1.15 TREE BOARD

    1. Establishment
      The Governmental Entity hereby establishes a Tree Board which shall be a recommending body to provide assistance, direction and expertise to the Governmental Entity regarding the preservation, planting, management and protection of trees. The Tree Board shall utilize the urban forest management plan for guidance on urban forestry issues.
    2. Membership
      1. The Tree Board shall consist of seven members and one alternate member who shall be appointed by the Mayor, subject to approval of the Governmental Entity Board. It is recommended that individuals within the community who have expertise in horticulture, forestry, planning or related fields be sought as members of the Tree Board. At least one member of the Tree Board shall be a certified arborist. The Mayor shall designate one of the members to act as chairman of the Tree Board, subject to the approval of the Governmental Entity Board. A member of the Governmental Entity Board shall be assigned to be an ex officio member of said Tree Board without the power to vote. The one alternate member shall attend and participate in all meetings of the Tree Board, but shall only vote in the event one or more of the full members is absent. All members of the Tree Board shall be property owners [within] the Governmental Entity, unless no certified arborist is a property owner within the Governmental Entity.
      2. The appointed members shall serve for a period of three years [staggered to maintain continuity within the board]. An alternate member shall be appointed for a term of one year. If a vacancy shall occur in the full membership, the alternate member shall be appointed to fill such vacancy. Vacancies in full and alternate membership shall be filled in the same manner as original appointments. The Tree Board members shall serve without compensation.
    3. Procedures
      1. The Tree Board shall meet and adopt, change or alter, rules and regulations of organization and procedure consistent with Governmental Entity ordinances and Illinois State laws. The Tree Board shall keep written records of its proceedings which shall be open at all times to public inspection. The Tree Board shall file an annual report to the Governmental Entity Board setting forth its past-year activities and recommendations for future action by the Governmental Entity.
    4. Powers and Duties
      The Tree Board shall have the following powers and duties […]:

      1. To provide guidance on the preservation, care, management and protection of trees within the Governmental Entity in accordance with Urban Forest Management Plan.
      2. To prepare and recommend to the Governmental Entity Board from time to time recommendations for specific improvements of the preservation, care, management and protection of trees within the Governmental Entity.
      3. To recommend rules and regulations to the Governmental Entity Board for budget, plans, projects and schedules regarding the preservation, care, management and protection of trees within the Governmental Entity.
      4. To review the Governmental Entity Urban Forest Management Plan and provide recommendations for improvements to the Governmental Entity Board.
      5. To work collaboratively with Governmental Entity forestry staff to support the Governmental Entity ordinances and Urban Forest Management Plan.
      6. Manage and administer all plans, programs, projects and tasks delegated to it by the Governmental Entity Board as authorized and directed by the Governmental Entity Board.
      7. The Tree Board shall hear any requests for appeal [from enforcement decisions related to] this Code and make recommendations to be forwarded to the Governmental Entity for a final decision.
    5. Salaries and Employees
      The Tree Board may, with the review and approval of the Governmental Entity Board, employ necessary help whose salaries, wages and other necessary expenses shall be established by the Governmental Entity Board and provided for by adequate appropriation made by the Governmental Entity Board from the public funds. Staff and resource needs shall be included in the Forest management plan.

    [CRTI Silver Ordinance Template]

  • The board works in conjunction with municipal staff or as a regulatory body that directs municipal action to set goals and assess and regulate tree-related issues.

    Examples:

    DIVISION 2. – TREE COMMISSION [2]

    Sec. 25-33. – Establishment.

    The tree commission is hereby established.

    (Ord. No. 7677-24, § IV, 8-16-76)

    Sec. 25-34. – Composition.

    The tree commission shall be composed of ten (10) commissioners. Seven (7) commissioners shall be appointed by the mayor with the approval of the council. These seven (7) commissioners, of which four (4) shall be selected on the basis of their expertise in a field related to plants and trees, and the remaining three (3) who shall be knowledgeable in other areas to provide additional perspectives, shall serve without pay and shall reside within the city. The remaining three (3) commissioners shall be ex officio and shall not vote. The three (3) ex officio commissioners shall be: the director of public works, the director of parks and recreation of the park district or his/her representative, and the arborist.

    (Ord. No. 7677-24, § IV, 8-16-76; Ord. No. 8889-24, 10-3-88; Ord. No. 8889-39, 12-19-88)

    Sec. 25-35. – Terms.

    Except as otherwise provided in this section, each commissioner of the tree commission shall serve for a term of three (3) years. Any commissioner initially appointed to the tree commission who is not an ex officio member shall serve for such term as is appropriate to stagger the terms of office of the seven (7) commissioners who are not ex officio members shall that the terms of office of any two (2) such commissioners shall expire in one year, the terms of office of any two (2) such other commissioners shall expire in the next subsequent year and the terms of office of the remaining three (3) such commissioners shall expire in the year thereafter.

    (Ord. No. 7677-24, § IV, 8-16-76; Ord. No. 8889-24, 10-3-88)

    Sec. 25-36. – Expiration of terms; filling of vacancies; removal of members.

    The length of the term of a commissioner appointed prior to July 1, 1976, shall be measured as if the commissioner had been appointed on July 1, 1976. After July 1, 1976, the length of time between the date of appointment of any commissioner and the next July first, shall be calculated as one year of the term of the commissioner so appointed. Within thirty (30) days following the expiration of the term of any appointed commissioner, a successor shall be appointed by the mayor with the approval of the council, and the successor shall serve for a term of three (3) years. Should any commissioner resign or be removed from the tree commission, a successor shall be appointed by the mayor and shall serve for the unexpired period of the vacated term. A member of the tree commission may be removed by the mayor with the approval of a majority of council for good cause.

    (Ord. No. 7677-24, § IV, 8-16-76)

    Sec. 25-37. – Chairperson.

    The mayor shall designate the chairperson of the tree commission.

    (Ord. No. 7677-24, § IV, 8-16-76)

    Sec. 25-38. – Functions and duties generally.

    The functions and duties of the tree commission are limited to those set forth in this article, and as set forth in any other duly enacted ordinance. Nothing in this article shall be construed as vesting legislative discretion or power in the tree commission.

    (Ord. No. 7677-24, § IV, 8-16-76)

    Sec. 25-39. – Specific duties.
    The tree commission shall perform the following duties:

    1. Adoption of rules of procedure. Within a reasonable time after the appointment of the tree commission, upon call of the chairperson of the tree commission, the tree commission shall meet and adopt rules of procedure for whatever regular and special meetings are deemed by the tree commission to be advisable and necessary to the fulfillment of the duties imposed upon it by this article.
    2. Advisement of arborist. The tree commission shall advise and consult the arborist on any matter pertaining to this article and to its enforcement. The topics under which this advice and consultation may be given may include, but are not limited to, any of the following:
      1. Amendments to this article and alterations or revisions to the arboricultural specification’s manual;
      2. Policy concerning selection, planting, maintenance and removal of trees, shrubs and other plants within the city;
      3. Allocation of funds to the arbor division, and expenditures of funds by the arbor division;
      4. Establishment of educational and informational programs whereby the public may be notified of any matters pertaining to this article and to the arboricultural specifications manual;
      5. Development of policies and procedures regarding the arborist’s duties;
      6. Issuance of permits required by this article.
      7. Development of a program for optimizing the tree, shrub and other plant resources within the city.
    3. Hearing of disputes. The tree commission, upon the request of any person who disagrees with the decision of the arborist, shall hear all issues of the disputes which arise between the city arborist and any such person whenever those issues involve matters of the interpretation of the arboricultural specifications manual or of the interpretation or enforcement of this article, including disputes regarding the issuance of permits, or the concurrence or nonconcurrence of the arborist in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the tree commission with regard to such dispute shall be binding upon the arborist. Nothing in this section shall be construed to limit the jurisdiction of any court of law with respect to such disputes.

    (Ord. No. 7677-24, § IV, 8-16-76)

    [Urbana, IL]

Tree Preservation or Removal Plan for Significant Removals

Establish an action plan for unplanned disturbances.

Component definition: Shows which trees may be impacted or removed from a site, and which are candidates for retention and protection during an activity such as construction. This plan is tied directly to the Permits Component and may not be a separate component of the community’s tree protection ordinance. The plan documents provide clear direction on what may be retained, removed, or planted after some disturbance activity, and the strategies incorporated for retention, removal, protection, or post-disturbance remediation. These plans will have a wide variety of requirements depending on your governmental entity’s needs and goals.

Importance: Tree canopy is easy to lose, and very difficult to replace. Having an established plan process, to show the tree manager which trees will be removed, retained, protected, and remediated allows for better tracking, more transparency, and preservation of critical resources. These plans can be especially useful on previously developed land that is being redeveloped (e.g., an addition to a house). If the governmental entity does not wish to require a tree preservation plan, it may consider providing incentives for the development of a tree preservation plan to protect the urban forest resource. This could be accomplished by expediting the permitting process or reducing permit fees for individuals who provide a tree preservation plan.

Notes: Tree protection entails that trees on-site are not damaged or adversely impacted by activities such as construction. Tree preservation entails that trees will be kept on-site and not removed during development and that any impacts are remediated (e.g., air pruning, watering, aeration, etc.). This component may coincide with a development ordinance, depending on the scope and purpose of the tree removal.

Levels for suggested use:

  • Plan shows a tree survey indicating one or more trees to be preserved and removed. The format of such will vary depending on the protection and preservation requirements outlined in your code and your governmental entity’s goals. Plan requirements may range from a hand-labeled map to a professionally produced survey. The degree of detail may be graduated based on the scale of the development project and acres of property affected.

  • Plan shows a survey of all trees located on the site within the impact area, including their species, size (DBH), and condition. The plan identifies the minimum protection zone for each tree (e.g., dripline) and the requirements to secure that protection zone (e.g., fencing specifications). The plan includes follow-up care for trees including a maintenance or a remediation plan for existing and newly planted trees.

    Examples:

    Procedures to Obtain a Tree Removal Permit for Single Family Homes and Existing Development.

    1. All others requesting a tree removal permit shall fill out a tree removal permit application prescribed by the Development Services Department prior to its removal or relocation. The applicant shall provide the following information:
      1. Information on the type of tree and the size of the tree under consideration;
      2. Reason(s) for the tree(s) removal/relocation;
      3. Photograph(s) of the condition and location of the tree in question;
      4. At least one full scale photo of the tree(s) showing its surrounding environment. Any photographs supporting the reason(s) for relocation/removal should be included;
      5. A copy of the plat of survey for the property showing the location of the existing building(s) and outlining the location of the existing tree(s) in question. If the tree location/removal involves existing or proposed utilities, driveways, structures, easements or other pertinent site features, these should also be drawn in to scale. Plans may be drawn by property owners; and
      6. A description of the tree(s) to be planted to replace any removed trees.
    2. Approval of a tree removal permit shall be granted only if the Development Services Department finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this Section. No tree removal shall take place until the issuance of a tree removal permit.
    3. If the Development Services Department determines that the scope of the tree removal exceeds the provisions of this Section, the applicant must supply the information listed in Section 6-305.F.3.h Procedures to Obtain a Tree Removal Permit for New Development.

    [Orland Hills, IL]

  • Plan shows a survey of all trees located on the site within the impact area, including their species, size, and condition. The plan identifies the minimum protection zone for each tree (e.g., dripline) and the requirements to secure that protection zone (e.g., fencing specifications) The plan must be prepared by a certified arborist, landscape architect, or qualified individual with experience in tree identification and evaluation. The plan includes follow-up care for trees including a maintenance or remediation plan for existing and newly planted trees.

    Examples:

    1.11 TREE PRESERVATION AND/OR REMOVAL PLAN FOR SIGNIFICANT REMOVALS, CONSTRUCTION AND/OR DEVELOPMENT

    An applicant seeking a permit for significant tree removals or tree remova