Section 24-109. BEAUTIFICATION OF TREE SPACES

 

109.1The regulations contained in this section apply to the unpaved area of the sidewalk, which is reserved by the District government for planting trees and is referred to in this section as “tree space”.

 

109.2The owner or occupant of property adjacent to a tree space is responsible for keeping the tree space clean and free of refuse pursuant to 21 DCMR § 702.

 

109.3The beautification of a tree space shall not require a public space permit unless the beautification includes the planting of a tree, the installation of any structure, or the installation or modification of a tree fence. Tree Space beautification activities that do not require a permit must comply with the requirements of this section and any other applicable law or regulation.

 

109.4The beautification of a tree space may only be undertaken by the owner or occupant of the property that abuts the tree space, provided:

 

(a)The tree space beautification shall be undertaken solely at the personal risk and expense of that owner or occupant; and 

 

(b)Such care and keeping of the tree space beautification shall remain the responsibility of that owner or occupant.

 

109.5The beautification of a tree space shall not extend:

 

(a)Over the curb or the sidewalk;

 

(b)Within three feet (3 ft.) of a crosswalk or paved bus stop landing;

 

(c)Within six feet (6 ft.) of an entrance to an alley;

 

(d)Within six feet (6 ft.) of a street corner;

 

(e)Within two feet (2 ft.) from the base of an existing street tree; or

 

(f)Within four feet (4 ft.) of a parking meter or a fire hydrant. 

 

109.6In a continuous tree space, tree space beautification areas shall be not more than nine feet (9 ft.) long, and at least six feet (6 ft.) shall separate each beautified area.

 

109.7The grade of a tree space shall not be altered in conjunction with a tree space beautification effort, except with mulch spread to a depth of two to three inches (2 – 3 in.), but not placed directly against or mounded at the base of the tree.

 

109.8The use of the following as ground cover is prohibited:

 

(a)Gravel, rocks, bricks, stone, or concrete pavers or any other paving material, except as authorized by a public space permit; or

 

(b)Any type of landscape fabric or plastic sheeting.

 

109.9To protect the health of the tree and the environment, no person shall plant or maintain any of the following plant types in a tree space:

 

(a)Plants having a deep root system;

 

(b)Any plant whose mature height is over eighteen inches (18 in.); 

 

(c)Any vegetables;

 

(d)Any plants which spread by way of subsurface shoots or runners; or

 

(e)Any plants which climb or intertwine.

 

(f)Any invasive plant species.

 

109.10To protect the safety of the public and the health of the tree, the use of wickets; hoop-style fencing; fencing having sharp points; or raised wooden, brick, stone or masonry borders, edging, or walls of any kind to border a tree space is prohibited. 

 

109.11Notwithstanding § 109.10, a tree fence, border, or edging existing on June 1, 2016, that was consistent with the version of these rules in effect on May 30, 2016 may remain until such time as it is removed by the owner or occupant of the property which abuts the tree space or by District government employees or contractors authorized by the District government.

 

109.12A tree space may be bordered by a tree fence which shall:

 

(a)Only be installed as authorized by a valid public space permit issued by the Director of the District Department of Transportation;

 

(b)Meet or exceed the District’s specifications for an ornamental tree fence found in § 608.06 of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures (2013), as such specifications are amended from time to time (DDOT Standard Specifications) available at http://ddot.dc.gov/page/standard-specifications-highways-and-structures;

 

(c)Be assembled and installed as shown on the ornamental tree fence drawing number 608.13 found in the District of Columbia Department of Transportation Standard Drawings (August 2015) as such standard drawings are revised from time to time (DDOT Standard Drawings) available at http://ddot.dc.gov/page/standard-drawings-2015; and

 

(d)Not restrict the flow of rainwater runoff from the sidewalk into the tree space.

 

109.13Notwithstanding § 109.12, a tree space may be bordered by a tree fence of an alternate design if it meets all of the following:

 

(a)The design allows the unrestricted flow of rainwater runoff from the sidewalk into the tree space;

 

(b)The material, fabrication and installation specifications are reasonably consistent with those required by the DDOT Standard Specifications, for an ornamental tree fence;

 

(c)The tree fence is designed to only border the tree space on the three (3) sides that do not abut the curb line; 

 

(d)The tree fence is designed to have side panels which are set back at least fourteen inches (14 in.) from the vertical face of the roadway curb as shown on the drawings in Subsection 608.13 for an ornamental tree fence as found in the DDOT Standard Drawings; and 

 

(e)The height of the tree fence shall be approximately eighteen inches (18 in.) tall as measured from the sidewalk or curb elevation.

 

109.14The District government may enter a tree space without the permission of the owner or occupant of the property that abuts the tree space. 

 

109.15A tree space beautification may be destroyed or removed and disposed of by the District government or its agents, if destruction or removal and disposal is necessary for the following construction, repair, or maintenance activities:

 

(a)Street construction or reconstruction;

 

(b)Curb and gutter construction, reconstruction or repair;

 

(c)Sidewalk construction or reconstruction;

 

(d)Tree removal or planting; or

 

(e)Modification to the tree space, including, but not limited to the following:

 

(i)Expanding the tree space; and

 

(ii)Altering the grade and soil condition prior to a tree planting.

 

109.16A tree space beautification that is not in compliance with this section, and that is hazardous to the public or the health of the tree, as determined by the Director of the District Department of Transportation, may be removed and disposed of by District government employees or contractors.

 

109.17This section shall not be construed to supersede the provisions of Chapter 11 (Downtown Streetscape) of Title 24 of the District of Columbia Municipal Regulations.

 

 

authority

Section 103 of the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.03 (2013 Repl.)), Sections 4(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(a)(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works (DPW) under Section III (F) of Reorganization Plan No. 4 of 1983 to the Department), and 9j (rulemaking authority) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(a)(4)(A), 50-921.05(b), and 50-921.18 (2014 Repl. & 2016 Supp.)), Section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.04 (2013 Repl. & 2016 Supp.)) (authorizing rules concerning rental of public space), and Mayor’s Order 2016-5, dated January 12, 2016.

source

Section 3 of the Tree Space Beautification Regulation Act of 1989, effective September 9, 1989 (D.C. Law 8-21; 36 DCR 4568 (June 30, 1989)); as amended by Final Rulemaking published at 64 DCR 800 (January 27, 2017).