Section 24-3799. DEFINITIONS

 

3799.1When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

 

Act - the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code §§ 8-651.01 et seq.).

 

ANSI(a)(300) standards - the American National Standards Institute, Inc. American National Standard Specifications for Standards for Tree Care Operations; Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices

 

Caliper - the diameter (width) of the trunk of a tree when measured at a height of six inches (6 in.) above the ground/soil.

 

Circumference - the linear distance around the trunk of a tree when measured at a height of four and one-half feet (4 1/2 ft.) above the ground.

 

District's right-of-way - all the publicly owned property between the property line on a street, park, or other public property as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.

 

Hazardous Tree - a Special Tree that should be removed because it is:

 

(a)Structurally defective, diseased, dying, or dead;

 

(b)Posing a high risk of failure or fracture with the potential to cause injury to people or damage to property: or

 

(c)Causing damage to property or structures that cannot be mitigated in any manner other than removal of the tree.

 

Permittee - a person or non-governmental entity issued a Special Tree Removal Permit by the Urban Forestry Administration.

 

Person or non-governmental entity - any individual, corporation, firm, agency, association, organization, or utility company.

 

Private Property - real property, including real property owned or under the jurisdiction of the District of Columbia and real property that is to be developed pursuant to an approved campus plan, planned unit development, or a historic preservation review. This term does not include the District's right-of-way.

 

Remove - cutting down, topping, girdling, breaking, or destroying a Special Tree.

 

Replacement tree - A tree planted pursuant to § 3701.7(b).

 

Special Tree - a tree within the District of Columbia that has a minimum circumference of fifty-five inches (55 in.).

 

Tree Fund - the fund established under Section 107 of the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.07).

 

authority

Section 3(b) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-37; D.C. Official Code §§ 8-651.01 et seq.); Mayor's Order 2003-11, dated January 16, 2003; and Mayor's Order 2003-173, dated December 1, 2003.

source

Final Rulemaking published at 52 DCR 546 (January 21, 2005).