Section 11-1514. TREE REMOVAL LIMITATIONS (TSP)

 

1514.1Construction of a building, accessory building, or an addition to a building or the creation of any impervious surface area shall only be permitted as a matter of right subject to the following tree removal limitations:

 

(a)The restrictions of this section against removing, cutting down, or fatally damaging trees apply only to trees having a circumference of twelve inches (12 in.) or greater at a height of four and one-half feet (41/2 ft.) above ground;

 

(b)The prohibitions of this section do not apply to the removal of any dead or unhealthy tree or a tree that creates an unsafe condition. The need for removal of any tree shall be certified by an arborist or other tree care professional;

 

(c)No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four and one-half feet (41/2 ft.) above ground may be removed or cut down;

 

(d)No more than three (3) trees that each have a circumference of more than thirty-eight inches (38 in.) at a height of four and one-half feet (41/2 ft.) above ground may be removed, and none of these may be located within twenty-five feet (25 ft.) of any building restriction line or lot line abutting a public street;

 

(e)The total circumference inches of all trees removed or cut down on a lot shall not exceed twenty-five percent (25%) of the total circumference inches of all trees on the lot having a circumference of twelve inches (12 in.) or greater at a height of four and one-half feet (4 1/2 ft.) above ground; provided that this restriction does not abrogate the right to remove up to three (3) trees as provided in paragraph (d) of this subsection; and

 

(f)Where removal or cutting or trees has occurred that would have been prohibited by this section if an application for a building permit had been contemporaneously filed, no building permit shall be issued for a period of seven (7) years from such removal or cutting unless the Board of Zoning Adjustment grants a special exception pursuant to § 1515.

 

source

Final Rulemaking published at 39 DCR 1900, 1901 (March 20, 1992); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8456 (October 20, 2000).