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Ordinance 4410ORDINANCE NO. 4410 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S TREE CODE. WHEREAS, the Edmonds City Council adopted •a new tree code in 2021 through Ordinance 4227, which created Chapter 23.10 of the Edmonds Community Development Code ECDC); and WHEREAS, in the process of reviewing and applying chapter 23.10 ECDC over the past several years, staff became aware of several issues with the code that needed to be cleaned up; and WHEREAS, this project (AMD2025-0008) reflects that work and is distinct from the landmark tree project under file AMD2025-0006; and WHEREAS, this topic was introduced to the planning board on July 7, 2025; and WHEREAS, the board discussed the proposed revisions again on July 23, 2025, at which time they made their recommendation; and WHEREAS, the city council held a public hearing on these proposed revisions on September 23, 2025; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 23.10 of the Edmonds Community Development Code, entitled "Tree Related Regulations," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in st.-iketh.-eug") Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MA O MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA Y FILED WITH THE CITY CLERK: October 9, 2025 PASSED BY THE CITY COUNCIL: October 14, 2025 PUBLISHED: October 17, 2025 EFFECTIVE DATE: October 22, 2025 ORDINANCE NO. 4410 4 SUMMARY OF ORDINANCE NO.4410 of the City of Edmonds, Washington On the 141h day of October, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4410. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S TREE CODE. The full text of this Ordinance will be mailed upon request. DATED this 141h day ofOctober, 2025. CITY CLERK, SCOTT PASSEY 4840-7251-8158, v. l Chapter 23.10 ECDC, Tree Related Regulations Chapter 23.10 TREE RELATED REGULATIONS Page 1 of 24 Sections: 23.10.000 Intent and purpose. 23.10.010 Administration authority. 23.10.020 Definitions. 23.10.030 Permits. 23.10.040 Exemptions. 23.10.050 Tree removal prohibited. 23.10.060 Tree retention associated with development activity. 23.10.070 Tree protection measures during development. 23.10.080 Tree leplacement. Formatted: Font color. Blue, Pattern: Clear Formatted: Strikethrough 23.10.090 Bonding. 23.10.100 Violation, enforcement and penalties. 23.10.110 Liability. 23.10.000 Intent and purpose. The purpose of this chapter is to establish a process and standards to provide for the evaluation, protection, enhancement, preservation,,eplacement, and proper maintenance of _/ Formatted: Pattern: Clear significant trees. This includes the following: A. Implement the goals and objectives of the citys urban forest management plan; B. Implement the goals and objectives of the citys comprehensive plan; C. Implement the goals and objectives of the citys climate action plan; D. Preserve, through design and intention, wildlife corridors and habitat; E. To promote the public health, safety, biodiversity, environmental health and general welfare of the residents of Edmonds, provide greenhouse gas emissions mitigation and preserve the The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 2 of 24 physical and aesthetic character ofthe city through the prevention of indiscriminate removal or destruction of trees and ground cover on improved or partially improved property; F. Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long- term survival; G. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the citys natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; H. Encourage tree retention efforts by providing design flexibility with respect to certain development requirements; I. Retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; J. Promote building and site planning practices that are consistent with the citys natural topographic and vegetation features while recognizing that certain factors such as condition e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; and K. Mitigate the environmental and aesthetic consequences of tree removal in land developmentthrough on -site and off -site tree; eplacement to help achieve a goal of no net loss Formatted: Pattern: Clear of tree canopy coverage throughout the city of Edmonds while providing applicants with optional procedural mechanisms to ensure that the mitigation is proportional to the impact. L, Promote net ecological gain on a citywide basis over along period f ! ngra4UP98FO toF a Formatted: Not Formatted: Not Formatted: Stril PnitigatioR hieFaFehy to avoid and minimize the impacts, uAdenake site resteFation, compensate Sufficient for the gain to exceed Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 3 of 24 23.10.010 Administration authority. The planning and development director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. [Ord. 4299 § 65 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. 23.10.020 Definitions. A. "Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four -inch caliper size and 12 inches above the ground for larger sizes. B. "Canopy' means the leaves and branches of a tree from the lowest branch on the trunk to the top. C. "Critical root zone" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every one inch of tree 864DSH. D. "Developable site" means the gross site area of a lot minus critical areas and buffers. E. "Diameter at brastandard height (DSHD8W)" means the diameter or thickness of a tree trunk measured at four and one-half feet from the ground. References to DBH +safsA kwewnshall be understood as synonymous with "diameter at standard height (DSH)" F. "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown. G. "Feasible" means, for the purpose of this chapter, the project applicants primary intended legal use may be achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving infeasibility is placed on the applicant. H. "Hazard tree" means a tree that is dead, dying, diseased, damaged, or structurally defective as determined by a qualified tfee-professional. I. "Grove" means a group of three or more significant trees with overlapping or touching crowns. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 4 of 24 1. "Improved lot" means a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. K. "Improvement" means and includes, but is not limited to, any building, structure, storm drainage facilities, road, driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property. L. "Limits of disturbance" means the boundary between the area of minimum protection around a tree and the allowable site disturbance. M. jVative Tree. Native trees are described in the Urban Forest Mana ement Plan (UFMP) as Formatted: Font: Not Italic being well suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains a partial list of species that are considered native trees. N. "Net a olo ig,, cal gain" means a-gandard for a development project policy. plan, or activity in which the impacts on the ecological integrity caused by the development are outw i h measures taken consi$tent with the new mitgn hierarchy to avoid and minimize the impacts undertake site restoration and compensate for any remaining impacts in an amount suffici nt for the gain to exceed the loss over a period of 20 years N. "Nuisance tree" means a tree that is causing significant physical damage to a private or public structure and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. O. "Protected tree" means a tree identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently _---(Formatted: Pattern: Clear protected by easement, tract, or covenant restriction. P. "Pruning' means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Q. "Qualified professional" means an individual with relevant education and training in arboriculture or urban forestry, having two or more ofthe following credentials: 1. International Society of Arboriculture (ISA) Certified Arborist; 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 5 of 24 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans. For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. R. "Significant tree" means a tree that is at least six inches in diameter at I easFstandard height (9BkiDSH) as measured at four and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the D94 DSH shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the size of the tree shall be the diameter of the top of the stump. S. "Specimen tree" means a tree of exceptional size or form for its species or rarity as determined by the city's qualified tFee professional. T. "Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries. U. 'Tree fund" refers to the fund created by Chapter 3.95 ECC. V. 'Tree removal" means the director indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. W. 'Tree topping' means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 6 of 24 X. 'Viable tree" means a significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.030 Permits. A. Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. B. Tree removal not specifically exempted in ECDC 23.10.040 will be processed as a Type I permit. C. Procedural Exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.040 Exemptions. The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: 1. That portion ofthe property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B. Removal of nonsignificant trees that are not protected by any other means. C. Removal of trees by the public works department, parks department, fire department and/or franchised utilities for one of the following purposes: 1. Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 7 of 24 2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of-way permit may be required. D. Removal and maintenance of trees within city of Edmonds' parks at the direction of the parks department. E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 - 2017), Tree, Shrub and Other Woody Plant Management - Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. F. Trees that do not meet the exemptions in subsections (AA) through (E) of this section maybe removed with supporting documentation: 1. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualifiedeo professional explaining why no arboricultural practices can safely rectify the nuisance. 2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant's qualified professional documenting how the tree meets the definition of a hazard tree. 3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220(C)(8). ford. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 ]. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations 23.10.050 Tree removal prohibited. Page 8 of 24 A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040(F). hazard and nuisance trees, or through an approved modification of a landscape plan. B. Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040(F). hazard and nuisance trees. C. Demolition ofStructures. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Treeleplacement shall be required for removed trees. /f Formatted: Pattern: Clear D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is prohibited except as allowed per Chapters 23.40 through 23.90 ECDC. (Ord. 4227 § 1 Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.060 Tree retention associated with development activity. A. Introduction. The citys objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the city requires approval of a tree retention and protection plan in conjunction with the following applications: 1. Short subdivision; 2. Subdivision; 3. New multifamily development; 4. New single-family development on a vacant lot or a demolition andLeplacement off Formatted: Pattern: Clear single-family house; and 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. In order to make better decisions about tree retention, particularly during all stages of development, tree retention and protection plans will require specific information about the existing trees before removal is allowed. Specific tree retention and protection plan review The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 9 of 24 standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. B. Tree Retention and Protection Plan. 1. An applicant for a development identified in subsection (AA of this section must submit a tree retention and protection plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention and protection plan at the applicant's expense. 2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: i. A number system of all existing significant trees on the subject property (with corresponding tags on trees); ii. Size (4914DSH) and estimated tree crown diameter; iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e., poor, fair, good, excellent, etc.); v. Tree type or species. b. A site plan depicting the following: i. Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, critical areas, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed improvements has not yet been established, a phased tree retention and protection plan review is required as described in subsection J3AM of this section; ii. Accurate location of significant trees on the subject property and adjacent properties where the canopy and/or critical root zone of adjacent significant trees extend onto the subject property (surveyed locations may be required); The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 10 of 24 iii. Trees labeled corresponding to the tree inventory numbering system; iv. Location of tree protection measures; v. Indicate limits of disturbance drawn to scale around all trees potentially impacted by site disturbances resulting from grading, demolition, or construction activities; vi. Proposed tree status (trees to be removed or retained) noted by an 'W or by ghosting out; vii. Proposed locations of any required le .Iacement trees as outlined in ECDC _ Formatted: Pattern: Clear 23.10.080 and trees required to be planted in accordance with subsection JQM of this section. Wherefelplacement trees are proposed to be planted at a different / Formatted: Pattern: Clear location than the project site, a description of the alternate site and written approval from the property owner must be provided. c. An arborist report containing the following: i. A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); iv. For trees not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative action is possible must be given (pruning, cabling, etc.); v. Description of the impact of necessary tree removal to the remaining trees, including those in a grove; 3. Additional Tree Retention and Protection Plan Standards forShort Subdivisions and Subdivisions The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations a. Phased Review. Page 11 of 24 i. If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a tree retention and protection plan that addresses the current phase of development and limits removal to the impacted areas. ii. Anew tree retention and protection plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements. 1. Genera/ Tree Retention Requirements. Significant trees on lots proposed for development or redevelopment, except as substituted under subsection (F)(3) of this section, shall be retained as follows: Table 23.10.060.C. Tree Retention Requirements for Proposed Development Development Retention Required New single-family, short 30% of all significant subdivision, or trees in the subdivision developable site Multifamily 25% of all significant development, unit lot trees in the short subdivision, or developable site unit lot subdivision 2. Trees that are located within native growth protection areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provided for in ECDC 23.10.040(E). hazard and nuisance trees, and ECDC 23.40.220(C)(8). critical area hazard tree. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Formatted Table Chapter 23.10 ECDC, Tree Related Regulations Page 12 of 24 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 through 23.90 ECDC), or the shoreline master program (ECDC Title 24) or as site -specific conditions demand using SEPA substantive authority. 4. In addition to the tree retention requirements in subsection (Cl(11 of this section, every significant tree that is removed under this chapter must be re laced consistent with the Formatted: Pattern: Clear requirements of ECDC 23.10.080. 5,_For developing properties identified in subsection f& of this section that have fewer Formatted: Not Strikethrough than three significant trees, trees shall be retained and/or planted that will result in the siteI Formatted: Not Strikethrough having at least three trees, which will be significant at maturity, per 8,000 square feet of lot Formatted: Not Strikethrough area. Formatted: Not Strikethrough Formatted: Not Strikethrough D. Priority ofTree Retention Requirements Significant trees to be retained should be retained in the following order of priority: 1. Priority One. a. Specimen trees; b. Significant trees which form a continuous canopy; c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over 60 feet in height or greater than 18 inches 8844DSH. 2. Priority Two. a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 13 of24 3. Priority Three. Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. E. In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature and maybe a fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. F. Tree Retention Procedures. 1. If a revised improvement placement would result in the retention of more and/or higher priority trees, the tree retention and protection plan should be adjusted to: a. Maximize the retention of higher priority trees; and b. Satisfy the retention requirement in subsection u of this section. 2. This adjustment in subsection JEJM of this section must be done unless the applicant can demonstrate that actual compliance with subsection (CC) of this section would make the proposed development infeasible. In documenting infeasibility, applicants of subdivision and short subdivision must consider implementing conservation subdivision design as provided for in ECDC 20.75.048. 3. Once the location of on -site improvements has been established through city review and applicant revision of the tree retention and protection plan, existing priority one trees not impacted by the installation of said improvements must be retained at least to the number of trees required by subsection (C) of this section, except for hazard trees and nuisance trees. 4. If there are not enough existing trees outside of the improved areas ofthe site to satisfy subsection (C of this section through retention alone, the applicant shall be required to make up the deficiency as follows: a. Planting a number of new trees on -site in accordance with ECDC 23.10.080 that would be sufficient, in combination with the number of trees actually retained, to satisfy subsection (C) of this section; and The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 14 of 24 b. If it is not feasible for planting under this subsection, to achieve the required number of trees, the applicant shall make a fee -in -lieu payment of $2,500 for every tree not planted pursuant to this subsection. G. If a development retains at least 50 percent of the significant trees on a site, the fee -in -lieu provisions of ECDC 23.1O.08O(E) do not apply. [Ord. 4227 § 1 (Att. A), 2021; Ord.4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.070 Tree protection measures during development. Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved in accordance with ECDC 23.10.O6O(B) shall be protected from potentially damaging activities pursuant to the following standards: A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate city staff. The project site shall be marked in the field as follows: 1. The extent of clearing and grading to occur; 2. Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and tags on trees to be retained; and 4. Property lines. B. Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 15 of24 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. 2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state, at a minimum, 'Tree and Soil Protection Area, Entrance Prohibited;' and provide the city phone number for code enforcement to report violations. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. Limit the time period that the critical root zone is covered by mulch, plywood, steel plates or similar materials, or by light soils, to protect the tree's critical root zone. 7. In addition to the above, the director may require the following: a. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six inches or with plywood, steel plates or similar material in order to protect roots and soil from damage caused by heavy equipment. b. Minimize root damage by hand -excavating a two -foot -deep trench, at edge of critical root zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy equipment. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 16 of 24 c. Corrective pruning performed on protected trees in order to avoid damage from machinery or building activity. d. Maintenance of trees throughout construction period by watering and fertilizing. D. Grade. 1. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director determines that trenching would significantly reduce the chances of the tree's survival. 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 17 of 24 E. Direction/Fe//ing. Directional felling of trees shall be used to avoid damage to trees designated for retention. F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. ford. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.080 Tree replacement A. Replacement Required. Treereplacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.060(A). Each significant tree to be removed shall be jeplaced as follows, PROVIDEDTHAT these replacement ratios shall not applyiff the applicant opts to have its tree replacement requirement calculated through an individualized determination pursuant to subsection F. below: Formatted: Pattern: Clear Formatted: Pattern: Clear iI Formatted: Pattern: Clear Formatted: Underline 1. For each significant tree between six inches and 10 inches DRHDSH removed, one replacement tree is required. _ _--[Formatted- Pattern: Clear 2. For each significant tree between 10.1 inches and 14 inches in D4WDSH removed, two replacement trees are required. --- - -f Formatted: Pattern: Clear 3. For each significant tree greater than 14 inches and less the 24 inches in P9ADSH removed, three eeplacement trees are required. Formatted: Pattern: Clear B. No tree replacement is required in the followin c$ ases: 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor, for reasons not attributable to the development. 2. The tree is proposed to be relocated to another suitable planting site; provided, that relocation complies with the standards in this section. C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and Leplacement plan, critical area mitigation plan, or other plans accede to the director thal tree replacement will meet the minimum standards ofthis section. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Formatted: Pattern: Clear Formatted: Pattern: Clear Formatted: Pattern: Clear Chapter 23.10 ECDC, Tree Related Regulations Page 18 of 24 D. `ep/acementSpecl/lcatiorm / Formatted: Pattern: Clear 1. Minimum sizes for eMlacementtrees shall be: / Formatted: Pattern: Clear a. One -and -one -half -inch caliper for deciduous trees; b. six feet in height for evergreen trees. 2. The director may consider smaller -sized jeplacement trees if the applicant can / Formatted: Pattern: Clear demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. 3. Replacement trees shall be primarily native species. Formatted: Pattern: clear A D plaEemenr trees must bejA _within the rity of E jasraclrS-G"S-Urbaa-gjgwEY E. Tree Replacement Fee /n Lieu. After providing clear documentatior development that all replacement options have been considered and arborist reports as necessary, the developer shall pay a fee -in -lieu for required but 1. The amount of the fee shall be S2_5DQ4-M multiplied by the number of trees nec.i'1Formatted: Not Highlight to satisfy the treereplacement requirements of this section and shall be deposited into the Formatted: Pattern: Clear city's tree fund. 2. The fee shall be paid to the city prior to the issuance of a tree removal permit or associated development permit. 3. For each significant tree greater than 24 inches in P94DSH removed, a fee based on an appraisal of the tree value by the citys vee pFeEe goAaualified professional using trunk formula method in the current edition of the Guide for Plant Appraisal shall be require Formatted: Underline PROVIDED THAT no appraisal shall be required if the policanirs tree removal will appraisal. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Formatted: Underline Formatted: Underline Formatted: Underline Chapter 23.10 ECDC, Tree Related Regulations Page 19 of 24 4. In no case shall the fee -in -lieu payments required by this subsection exceed $2-4.00 per square feet of lot area. [Ord. 4299 § 66 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 ]. F Individualizeddeter'tn/nation. An applicant who believes that the replacement ratios of Formatted: Underline subsection A above are disproportionate to the impact of its tree removal may opt to calculate an alternative replacement ratio using an individuallzed_dptermination of impact and imps It ., . . .Mal A . .1 1. To calculate an alternative replacement ratio under this subsection. the applicant must pay a supplemental fee as set forth in theciitWs fee schedule and retain a qualified Formatted- Underline professional to perform the replacement calculation The qualified professional shall use best available scien-0 to quantify the environmental valve of the trees that will be removed as a direct result of the development iva t i° ^'eaaatiEa! salsa th 9I t Ikp rm0 Rt to q nr' . ite AF10in alter- aative4ak-uWier- In doing so the qualifiedprofessional shall evaluate at least the runmNEW- Y-Mmu-T,14a. carbon sequestration, b. air quality stormwater mi igati n d. shade and temperature regulation; e. biodiversity sueAortt f. erosion control. Once the environmental value of the trees to be removed has been calculated. the qualified professional shall develop an on site tree replacement plan that using the same factors is likely, within twenty years of planting to yield the same environmental value of the trees being removed The replacement plan shall specify the number, species size at planting, and location of each tree to be replaced pursuant to the plan if the qualified professional determines that it is not feasible to yield the same environmental value of the trees being removed within twenty years, it shall calculate the replacement value that would be achieved in twenty years and propose a fee -in -lieu payment that allow the city to The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 20 of 24 achieve the remaining value off site PROVIDED THAT the plan must show that at least fifty percent of the environmental value would be replaced on -site in twenty years. 2. The individualized determination of impact and impact mitigation -is sula'"`.9T,eaFshall undergo peer review by a qualified professional If the peer review results in a more burdensome replacement plan the City will condition the permit on the peer -reviewed replacement plan, giving the applicant an opportuniW to appeal the more burdensome G DtrraNan ofce itionapotmscyif+ca&offigf:cep/acemenUlangemoval oforotected trees F approyal that 0A 1941, tree rel2l ygeffw"r " ^Pffn4E f-E VeArg, If it becomes necessary to remove a protected treeAvOlhile a roAdii4c, of wreval appby-A:gj"Gcation-of Abe condition the replacement ratio for replacement of the protected tree shall be governed by an individualized determination as provided in subsection f. above, shall be a ln-ed as logo as thpy w"." y4pld rFne-eAViF9Fl t-ua6a5zt, the Qriaiaal Cewditiea-wodJd-bav 2-3,40.085—Protected zees —notice on ti lei of permit iSSWaAcie, record a AQtiCQ GA tit'a of tha existe-Ace of ruch protected trees agaiAst the rd. 4224 i fAti4 2021: AFdr 4220 6 1 (Att A)2921,, Ord 4219 f. 1 1Ae1 Al 29211 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Formatted: Strikethrough Formatted: Strikethrough, Pattern: Clear Formatted: Strikethrough Chapter 23.10 ECDC, Tree Related Regulations 23.10.090 Bonding. A. The director may require a performance bond for tree a lace ensure the iRs;allatiea3 l n i ofreplacement trees, and/or Lomi landscaping requirements as identified on the approved site plan Page 21 of 24 ment and site restoration to /'I Formatted: Pattern: Clear nce with other _—' Formatted: Pattern: Clear B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the treereplacement and/or site restoration including trees, irrigation and labor. Formatted: Pattern: Clear C. A twefiv year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation and/or tree replacement. The maintenance bond Formatted: Pattern: Clear shall be in place to ensure adequate maintenance and protection of retained reel c trees and site improvements. The maintenance bond shall be for an amount of 5045 percent of the performance bond er estimatemate in subsection Iel of this section. 9- The wki sor r•r•carpa hi frorg (Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23. 10.100 Violation, enforcement and penalties. A. Noncompliance with any section of this chapter constitutes a violation of this code. B. A violation of any of theprovisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties. Formatted: Not Highlight 1. Aiding orAbetting. Any person who, through an act of commission or omission, Formatted: Not Highlight procures, aids or abets in the violation shall be considered to have committed a violation Formatted: Not Highlight for the purposes of the penalty. All persons who have been found to commit a violation Formatted: Not Highlight under this chapter shall be responsible for an equal share of any penalties imposed under Formatted: Not Highlight subsection ( C1i21 of this section. Formatted: Not Highlight Formatted: Not Highlight 2., 0yil Penalties. Any grsoll.yiolatinR any provisions of this cllaptc:r _ ti.!Rmkied I/ Formatted: Not Highlight ntati be subject to civil penalties in addition to any criminal penalties. Formatted: Not Highlight The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023 Chapter 23.10 ECDC, Tree Related Regulations Page 22 of 24 Pursuant to Chapter 64.12 RCW, the city may; bee - ntitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shallbe determined according to one or more of the following: a. An amount reasonably determined by the director to be equivalent to the costs estimated by the city to investigate and administer the infraction; b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); c. Removal of existing 12-inch diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city's ^_'ea alified professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter; d. Penalty for illegal removal of trees shall be $1,500 per treeless than 12 inches in diameter and the appraised value of trees 12 inches or more in diameter. Penalties shall be paid into the city tree fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the city arborist by comparing size of stump and species to similar trees in similar growing conditions; e. The cost of replacing and reglanting the trees and restoring the disturbed area / Formatted: Pattern: Clear according to a specific plan approved by the city. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition Formatted: Pattern: Clear that mini dri haves Pyktari in the ahcpnrp of the vinlatinn(sl: / Formatted: Not Highlight certified arborist develop and implement a five-year pruning schedule in addition to / J Formatted: Not Highlight monetary fines and/or required treeLeplacement J Formatted: Not Highlight Formatted: Not Highlight Civil penalties under this section $hall• be imposed pursuant to ECDC Chapter 20.110 entitled /' Formatted: Not Highlight Civil Violation — enforcement procedure." , eiiheF by eeniried mail with Formatted: Not Highlight Formatted: Not Highlight The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023 Chapter 23.10 ECDC, Tree Related Regulations Page 23 of 24 The notice _ _ ' _qppF&,WdI all order the / Formatted: Not Highlight acts constituting the violation to cease and desist, or, in appropriate cases, require necessary Formatted: Not Highlight corrective action within a specific time, or any other remedy set forth within the city code or \ Formatted: Not Highlightstatelaw. 4. Any fiscal penalty recovered under this section shall be deposited in the citys tree fund Formatted: Not Highlight as established in Chapter 3.95 ECC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. 23.10.110 Liability. A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility'of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.10.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. D. The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 ]. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Chapter 23.10 ECDC, Tree Related Regulations Page 24 of 24 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerks office has the official version of the Edmonds Community Development Code. Users should contact the city clerks office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company, The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH1021258 ORD 4409-4410 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/17/2025 and ending on 10/17/2025 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount f the fee for Icli publication is 30.96. i IIIIIIt11;/ Subscribed and sworn before me on this \ O E Posp i, day of O C' TARy o PUBt_\G F umbet F tVVAG Notary Public in and for the State of Washington. Ciry of Edmond. -LEGAL ADS 114101416 EMILY VILLATA Classified Proof ORDINANCE SUMMARY of Inc IFo7Camoncls. Washington On the 14th day of OCtObOf. 2025 the City Council Of the City OfEdmonds, Passed the following Ordinances. the summery of saidordinancescons'stingof titles is rowded ac follows: ORDINANCE NO. 4409 AN ORDINANCE OF THE CITY OF EDMONDS. VJASHINGTON, AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES AND REPEALING ORDINANCE 4403. PROVIDING FORSEVERABILITY: AND SETTING AN EFFECTIVE DATE ORDINANCE NO I 44t AN ORDINANCE-iF-`-AE Y OF EDMONDS, WASHINGTON. ADOPTING AMENDMENTS TO THE CITY'S TREE CODE DATED this t4TH Day of October, 2025. ACTING CITY CLERK, EMILY VILLATA Published- Octobor 17. 2025 EDH1021258 Proofed by Pospical, Randie, 10/17/2025 09:44:24 am Page: 2