Ordinance 4426ORDINANCE NO. 4426
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RECODIFYING AND MAKING MINOR
UPDATES TO THE CITY’S TREE CODE.
WHEREAS, the city’s critical areas ordinance is being consolidated in chapter 23.10 of
the Edmonds Community Development Code, as part of the periodic update; and
WHEREAS, the city’s tree related regulations had been codified in chapter 23.10; and
WHEREAS, that chapter is being repealed as part of the periodic update to the critical
areas ordinance; and
WHEREAS, the city would like to re-codify its tree related regulations and make other
minor changes, like updating the definition of “hazard tree” and references to other code
provisions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Re-codification of tree code. A new chapter 17.130 of the Edmonds
Community Development Code, entitled “Tree Related Regulations,” is hereby adopted to read
as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if
set forth in full.
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 administrative function of the city
council, 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:
MAYOR MIKE ROSEN
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ATTEST/AUTHENTICATED:
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: DECEMBER 31, 2025
PASSED BY THE CITY COUNCIL: JANUARY 15, 2026
PUBLISHED: JANUARY 17, 2026
EFFECTIVE DATE: JANUARY 22, 2026
ORDINANCE NO. 4426
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SUMMARY OF ORDINANCE NO. 4426
of the City of Edmonds, Washington
On the 15th day of January, 2026, the City Council of the City of Edmonds, passed Ordinance No. 4426. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RECODIFYING AND MAKING MINOR UPDATES TO THE CITY’S TREE CODE. .
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of January, 2026.
CITY CLERK, LUKE LONIE
4840-7251-8158, v. 1
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Chapter 23.1017.130
TREE RELATED REGULATIONS
Sections:
17.13023.10.000 Intent and purpose.
17.13023.10.010 Administration authority.
17.13023.10.020 Definitions.
17.13023.10.030 Permits.
17.13023.10.040 Exemptions.
17.13023.10.050 Tree removal prohibited.
17.13023.10.060 Tree retention associated with development activity.
17.13023.10.070 Tree protection measures during development.
17.13023.10.080 Tree replacement.
17.13023.10.085 Repealed.
17.13023.10.090 Bonding.
17.13023.10.100 Violation, enforcement and penalties.
17.13023.10.110 Liability.
17.13023.10.000 Intent and purpose.
The purpose of this chapter is to establish a process and standards to provide for the
evaluation, protection, enhancement, preservation, replacement, and proper maintenance of
significant trees. This includes the following:
A. Implement the goals and objectives of the city’s urban forest management plan;
B. Implement the goals and objectives of the city’s comprehensive plan;
C. Implement the goals and objectives of the city’s 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
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physical and aesthetic character of the 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 city’s 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 city’s 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
development through on-site and off-site tree replacement to help achieve a goal of no net loss
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 a long period of time. [Ord. 4410 § 1 (Exh.
A), 2025; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.010 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. 4410 § 1 (Exh. A), 2025;
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Ord. 4299 § 65 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A),
2021].
17.13023.10.020 Definitions.
“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.
“Canopy” means the leaves and branches of a tree from the lowest branch on the trunk to the
top.
“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 DSH.
“Developable site” means the gross site area of a lot minus critical areas and buffers.
“Diameter at standard height (DSH)” means the diameter or thickness of a tree trunk measured
at four and one-half feet from the ground. References to DBH shall be understood as
synonymous with “diameter at standard height (DSH).”
“Dripline” means the distance from the tree trunk that is equal to the furthest extent of the
tree’s crown.
“Feasible” means, for the purpose of this chapter, the project applicant’s 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.
“Hazard tree” means a tree that is dead, dying, diseased, damaged, or structurally defective and
considered a threat to life or public safety, posing a high or extreme risk using Level 2 ISA Tree
Risk Assessment as determined by an a qualified professionalISA-certified arborist.
“Grove” means a group of three or more significant trees with overlapping or touching crowns.
“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.
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“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.
“Limits of disturbance” means the boundary between the area of minimum protection around a
tree and the allowable site disturbance.
Native Tree. Native trees are described in the Urban Forest Management Plan (UFMP) as 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.
“Net ecological gain” means a standard for a development project, policy, plan, or activity in
which the impacts on the ecological integrity caused by the development are outweighed by
measures taken consistent with the new mitigation hierarchy to avoid and minimize the
impacts, undertake site restoration, and compensate for any remaining impacts in an amount
sufficient for the gain to exceed the loss over a period of 20 years.
“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.
“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
protected by easement, tract, or covenant restriction.
“Pruning” means the proper removal of roots or branches of a tree according to the American
National Standards Institute (ANSI) A300 pruning standards.
“Qualified professional” means an individual with relevant education and training in
arboriculture or urban forestry, having two or more of the following credentials:
1. International Society of Arboriculture (ISA) Certified Arborist;
2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or
equivalent);
3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist;
4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans.
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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.
“Significant tree” means a tree that is at least six inches in diameter at standard height (DSH) as
measured at four and one-half feet from the ground. For trees with multiple leaders at four and
one-half feet height, the 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.
“Specimen tree” means a tree of exceptional size or form for its species or rarity as determined
by the city’s qualified professional.
“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.
“Tree fund” refers to the fund created by Chapter 3.95 ECC.
“Tree removal” means the direct or 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.
“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.
“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. 4410 § 1 (Exh. A), 2025; Ord.
4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
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17.13023.10.030 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 17.13023.10.040 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. 4410 § 1 (Exh. A), 2025; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord.
4218 § 1 (Att. A), 2021].
17.13023.10.040 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 of the 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.
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.
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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 (A) through (E) of this section may be
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 qualified
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)23.10.070(D)(7)(d). [Ord. 4410 § 1 (Exh. A), 2025; Ord. 4227
§ 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.050 Tree removal prohibited.
A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC
17.13023.10.040(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 17.13023.10.040(F), hazard and nuisance trees.
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C. Demolition of Structures. 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. Tree replacement shall be required for removed trees.
D. In critical areas, critical area buffers, and in all native growth protection easements, tree
removal is prohibited except as allowed per Chapters 23.410 through 23.90 ECDC. [Ord. 4410 § 1
(Exh. A), 2025; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
2317.130.060 Tree retention associated with development activity.
A. Introduction. The city’s 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 and replacement of a
single-family house; and
5. Any tree removal on developed sites not exempted by ECDC 23.10.040.17.130.040
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
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 (A) of this section must submit a
tree retention and protection plan that complies with this section. A qualified professional
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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 (DSH) 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 (3)(a)
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);
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;
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vi. Proposed tree status (trees to be removed or retained) noted by an “X” or by
ghosting out;
vii. Proposed locations of any required replacement trees as outlined in ECDC
17.13023.10.080 and trees required to be planted in accordance with subsection
(C)(5) of this section. Where replacement trees are proposed to be planted at a
different 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 for Short Subdivisions and
Subdivisions.
a. Phased Review.
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.
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ii. A new 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. General 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 23.1017.130.060.C. Tree Retention Requirements for Proposed Development
Development Retention Required
New single-
family, short
subdivision, or
subdivision
30% of all significant
trees in the
developable site
Multifamily
development,
unit lot short
subdivision, or
unit lot
subdivision
25% of all significant
trees in the
developable site
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 17.13023.10.040(E), hazard and nuisance trees,
and ECDC 23.10.070(D)(7)(d)23.40.220(C)(8), critical area hazard tree.
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 23.140
through 23.90 ECDC), or the shoreline master program (ECDC Title 24) or as site-specific
conditions demand using SEPA substantive authority.
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4. In addition to the tree retention requirements in subsection (C)(1) of this section, every
significant tree that is removed under this chapter must be replaced consistent with the
requirements of ECDC 17.13023.10.080.
5. For developing properties identified in subsection (A) of this section that have fewer
than three significant trees, trees shall be retained and/or planted that will result in the site
having at least three trees, which will be significant at maturity, per 8,000 square feet of lot
area.
D. Priority of Tree 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 DSH.
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.
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.
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E. In considering trees for retention, applicants and the city shall avoid, to the extent known,
the selection of trees that are mature and may be 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 (C) of this section.
2. This adjustment in subsection (F)(1) of this section must be done unless the applicant
can demonstrate that actual compliance with subsection (C) 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 of the 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 17.13023.10.080
that would be sufficient, in combination with the number of trees actually retained, to
satisfy subsection (C) of this section; and
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.
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G. If a development retains at least 50 percent of the significant trees on a site, the fee-in-lieu
provisions of ECDC 17.13023.10.080(E) do not apply. [Ord. 4410 § 1 (Exh. A), 2025; Ord. 4227 § 1 (Att. A),
2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.070 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 17.13023.10.060(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:
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.
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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.
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.
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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.
E. Directional Felling. 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. [Ord. 4410 § 1 (Exh. A), 2025; Ord.
4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
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17.13023.10.080 Tree replacement.
A. Replacement Required. Tree replacement is required for tree cutting permits required by
this chapter and/or for tree removal associated with the development types identified in ECDC
17.13023.10.060(A). Each significant tree to be removed shall be replaced as follows; provided,
that these replacement ratios shall not apply if the applicant opts to have its tree replacement
requirement calculated through an individualized determination pursuant to subsection (F) of
this section:
1. For each significant tree between six inches and 10 inches DSH removed, one
replacement tree is required.
2. For each significant tree between 10.1 inches and 14 inches in DSH removed, two
replacement trees are required.
3. For each significant tree greater than 14 inches and less the 24 inches in DSH removed,
three replacement trees are required.
B. No tree replacement is required in the following cases:
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
replacement plan, critical area mitigation plan, or other plans acceptable to the director that
tree replacement will meet the minimum standards of this section.
D. Replacement Specifications.
1. Minimum sizes for replacement trees shall be:
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 replacement trees if the applicant can
demonstrate that smaller trees are more suited to the species, the site conditions, and the
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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.
E. Tree Replacement Fee-In-Lieu. After providing clear documentation to planning and
development that all replacement options have been considered and are infeasible, including
arborist reports as necessary, the developer shall pay a fee-in-lieu for each replacement tree
required but not replaced.
1. The amount of the fee shall be $2,500 multiplied by the number of trees necessary to
satisfy the tree replacement requirements of this section and shall be deposited into the
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 DSH removed, a fee based on an
appraisal of the tree value by the city’s qualified professional using trunk formula method
in the current edition of the Guide for Plant Appraisal shall be required; provided, that no
appraisal shall be required if the applicant’s tree removal will necessitate the maximum
fee-in-lieu, as specified in subsection (E)(4) of this section, without the appraisal.
4. In no case shall the fee-in-lieu payments required by this subsection exceed $4.00 per
square foot of lot area.
F. Individualized Determination. An applicant who believes that the replacement ratios of
subsection (A) of this section are disproportionate to the impact of its tree removal may opt to
calculate an alternative replacement ratio using an individualized determination of impact and
impact mitigation as provided in this subsection.
1. To calculate an alternative replacement ratio under this subsection, the applicant must
pay a supplemental fee as set forth in the city’s fee schedule and retain a qualified
professional to perform the replacement calculation. The qualified professional shall use
best available science to quantify the environmental value of the trees that will be removed
as a direct result of the development. In doing so, the qualified professional shall evaluate,
at least, the following factors in its calculation:
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a. Carbon sequestration;
b. Air quality;
c. Stormwater mitigation;
d. Shade and temperature regulation;
e. Biodiversity support;
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 20 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 20 years, it shall calculate the replacement value that would be
achieved in 20 years and propose a fee-in-lieu payment that allows the city to achieve the
remaining value off site; provided, that the plan must show that at least 50 percent of the
environmental value would be replaced on site in 20 years.
2. The individualized determination of impact and impact mitigation shall 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 opportunity to appeal the more burdensome plan to the
hearing examiner.
G. Removal of Protected Trees. If it becomes necessary to remove a protected tree, the
replacement ratio for replacement of the protected tree shall be governed by an individualized
determination as provided in subsection (F) of this section. [Ord. 4410 § 1 (Exh. A), 2025; Ord. 4299
§ 66 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.085 Protected trees – Notice on title.
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Repealed by Ord. 4410.
17.13023.10.090 Bonding.
A. The director may require a performance bond for tree replacement and site restoration to
ensure the planting of replacement trees, and/or compliance with other landscaping
requirements as identified on the approved site plans.
B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of
the tree replacement and/or site restoration including trees, irrigation and labor.
C. A five-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
shall be in place to ensure adequate maintenance and protection of replaced trees and site
improvements. The maintenance bond shall be for an amount of 50 percent of the
performance bond in subsection (B) of this section. [Ord. 4410 § 1 (Exh. A), 2025; Ord. 4227 § 1 (Att. A),
2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.100 Violation, enforcement and penalties.
A. Noncompliance with any section of this chapter constitutes a violation of this code.
B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall
be punishable as provided in Chapter 5.50 ECC.
C. Penalties.
1. Aiding or Abetting. Any person who, through an act of commission or omission,
procures, aids or abets in the violation shall be considered to have committed a violation
for the purposes of the penalty. All persons who have been found to commit a violation
under this chapter shall be responsible for an equal share of any penalties imposed under
subsection (C)(2) of this section.
2. Civil Penalties. Any person violating any provisions of this chapter may be subject to civil
penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the city may
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be entitled to triple the amount of civil damages claimed or assessed. The extent of the
penalty shall be 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 qualified 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 tree less 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 replanting the trees and restoring the disturbed area
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
that would have existed in the absence of the violation(s);
f. If illegal tree topping has occurred, the property owner shall be required to have a
certified arborist develop and implement a five-year pruning schedule in addition to
monetary fines and/or required tree replacement.
3. Civil penalties under this section shall be imposed pursuant to Chapter 20.110 ECDC,
Civil Violation – Enforcement Procedure. The notice shall order the acts constituting the
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violation to cease and desist, or, in appropriate cases, require necessary corrective action
within a specific time, or any other remedy set forth within the city code or state law.
4. Any fiscal penalty recovered under this section shall be deposited in the city’s tree fund
as established in Chapter 3.95 ECC. [Ord. 4410 § 1 (Exh. A), 2025; Ord. 4227 § 1 (Att. A), 2021; Ord.
4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
17.13023.10.110 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 17.13023.10.030 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 17.13023.10.030 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. 4410 § 1 (Exh. A), 2025; Ord. 4227 § 1 (Att.
A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
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