HomeMy WebLinkAboutAgenda Item - 2026-04-15 Joint (02) ATTACHMENT 2
2026 LAKE OSWEGO TREE REGULATION AMENDMENTS (PP 24-0006)
Draft 3 —April 2, 2026
Document Key:
New text
Deleted text
Summaries of changes,by Item
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TABLE OF CONTENTS—BY ITEM(Hyperlinked)
ITEM 01 SUMMARY 5
ITEM 02 SUMMARY 6
ITEM 03 SUMMARY 7
ITEM 04 SUMMARY 8
ITEM 05 SUMMARY 8
ITEM 06 SUMMARY 8
ITEM 07 SUMMARY 9
ITEM 08 SUMMARY 9
ITEM 09 SUMMARY 9
ITEM 10 SUMMARY 9
ITEM 11 SUMMARY 10
ITEM 12 SUMMARY 11
ITEM 13 SUMMARY 11
ITEM 14 SUMMARY 12
ITEM 15 SUMMARY 12
ITEM 16 SUMMARY 13
ITEM 17 SUMMARY 14
ITEM 18 SUMMARY 14
ITEM 19 SUMMARY 15
ITEM 20 SUMMARY 15
ITEM 21 SUMMARY 15
ITEM 23 SUMMARY 17
ITEM 24 SUMMARY 17
ITEM 25 SUMMARY 18
ITEM 26 SUMMARY 19
ITEM 27 SUMMARY 21
ITEM 28 SUMMARY 21
ITEM 29 SUMMARY 22
ITEM 31 SUMMARY 22
ITEM 30 SUMMARY 23
ITEM 32 SUMMARY 25
ITEM 33 SUMMARY 27
ITEM 34 SUMMARY 27
ITEM 35 SUMMARY 27
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ITEM 36 SUMMARY 28
ITEM 37 SUMMARY 28
ITEM 38 SUMMARY 29
ITEM 39 SUMMARY 30
ITEM 40 SUMMARY 30
ITEM 41 SUMMARY 31
ITEM 42 SUMMARY 32
ITEM 43 SUMMARY 33
ITEM 44 SUMMARY 34
ITEM 45 SUMMARY 35
ITEM 46 SUMMARY 36
ITEM 47 SUMMARY 38
ITEM 48 SUMMARY 41
ITEM 49 SUMMARY 43
ITEM 50 SUMMARY 44
ITEM 51 SUMMARY 45
ITEM 52 SUMMARY 48
ITEM 53 SUMMARY 50
ITEM 54 SUMMARY 51
ITEM 55 SUMMARY 53
ITEM 56 SUMMARY 54
ITEM 57 SUMMARY 55
ITEM 58 SUMMARY 57
ITEM 59 SUMMARY 58
ITEM 60 SUMMARY 59
ITEM 61 SUMMARY 62
ITEM 62 SUMMARY 83
ITEM 63 SUMMARY 83
ITEM 64 SUMMARY 84
ITEM 65 SUMMARY 85
ITEM 66 SUMMARY 85
ITEM 67 SUMMARY 87
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ITEMS —KEY TREE REGULATION ISSUE (Not hyperlinked)
Substantive Revisions
Development Related Revision
1. Creating clear and objective standards for needed housing Item 23,28,32
2. Consistency between development and non-development tree permitting Item 29,30
3. Creating tree preservation incentives Item 32,38
4. Creating soil volume standards for street and parking lot trees Item 61
5. Creating canopy standards for commercial and industrial development Item 61
6. Evaluating appeals process to reduce delays and conflicts between groups Item 34,38,44
7. Reducing conflicts between trees, solar,and other sustainable practices Item 29,30
Non-Development Related Revision
1. Requiring mitigation trees for more tree removal permit types Item 39,41
2. Assessing tree regulations to support wildfire-resistant landscaping) Item 29,30
3. Codifying requirement to plant large stature mitigation trees where possible Item 41
4. Creating programmatic permit process for public agencies and utilities Item 21,24,45,57,58
5. Clarifying street tree maintenance responsibilities Item 63,65,66,67
Technical Revisions
Development Related Revision
1. Consolidating tree regulations Item 01
2. Clarifying tree removal and protection requirements in sensitive lands Item 15,53,57,58
3. Reviewing sensitive lands tree species and diversity requirements Item 55
4. Clarifying Greenway Management tree removal requirements Item 52
5. Requiring street tree planting for all new development Item 59,60
6. Developing standards for planting the"right street tree for the right place" Item 60
7. Streamlining tree permitting processes Item 32,34,38
8. Providing tree protection regulation enforcement updates Item 49,50,51
9. Providing mitigation alternatives(e.g. invasive removal,native shrubs, etc.) Item 40,43
Non-Development Related Revision
1. Updating tree mitigation and planting lists Item 02,48,62
2. Updating mitigation fees and planting inspection requirements Item 32,43,49, 54, 56, 60,61
3. Disallow golf course use from qualifying for Forest Management Permit Item 26
4. Limiting topping permits to utility companies Item 19
5. Adding a timeframe for tree risk assessments Item 16
6. Creating a more consistent process for hazard and potential hazard tree submittals and approvals
Item 30
7. Evaluating options for addressing dead and hazard trees on neighboring properties Item 64
8. Reducing barriers to ash tree removals in preparation for EAB Item 15,57,58
9. Explore options for simplifying processes to remove Leyland cypress and consider mitigation requirements
when dense rows of Leylands are permitted for removal Item 41
10. Revising type 2 criteria for removing last tree on property to exclude certain trees(dead,nuisance, etc.)
Item 04
11. Requiring mitigation in sensitive lands for tree removals in sensitive lands Item 41
12. Consider exempting palm and sumac species from tree code under definition of"tree"
Item 07
13. Allowing permit application expiration when no communication from applicants Item 45
14. Updating definition of topping for consistency with industry standards Item 06
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ARTICLE 55.02
Tree Removal
§ 55.02.010. Purpose. [Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No. 2097,
Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2664, Amended,
4-7-2015; Ord.No.2721,Amended,7-19-2016]
The purpose of this chapter is to regulate the removal of trees, encourage and assist property owners in
managing large forested properties,and prescribe preventative protection measures to avoid damage to trees
during site development in order to preserve the wooded character of the City of Lake Oswego and to protect
trees as a natural resource of the City.
§55.02.020. Definitions. [Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976; Ord. No.
2059,6-16-1992; Ord.No.2097,Amended,12-20-1994; Ord.No.2221,Amended, 1-18-2000;
Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2664,
Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended,
2-6-2018; Ord. No. 2830, Amended, 10-1-2019; Ord. No. 2890, Amended, 3-17-2022;
Amended, 12-3-2024 by Ord.No.2954]
Unless specifically defined below or in LOC Chapter 50,words or phrases used in LOC Chapter 55
shall be interpreted so as to give them the meaning they have in common usage. In the event of conflict
between definitions in LOC Chapter 50 and LOC Chapter 55,the definition in LOC Chapter 55 shall
prevail in this chapter.For purposes of LOC Chapter 55,the following definitions shall apply:
Item 01 Summary
Edits clarify definitions specific to the tree regulations(Chapter 55)and how they reference and relate to the
general definitions in Chapter 50.
Key Issues Addressed: Consolidating tree regulations.
APPLICANT—Means the owner,contract purchaser,easement holder,licensee or similar interest,or for
public street and right-of-way the road authority per ORS 810.010 or governmental entity with jurisdiction,
either directly or through a representative, applying for a tree removal permit for a tree on the person's real
property.
ARBORIST—Means a person who has met the criteria for certification from the International Society of
Arboriculture and maintains accreditation.
BASAL AREA—Means the cross-sectional area(in square ft.)of the trunk of a tree measured 54 in. (4.5 ft.)
above mean ground level at the base of the trunk, calculated from the diameter at that height(DBH);basal
area equals tree diameter squared,times 0.005454.This is the same as radius divided by 12, squared,times Pi
(approximately 3.14159). For an explanation of how to calculate the tree diameter, see definition of"Caliper
Inch"below.
CALIPER OR CALIPER INCH—Where this Code requires a minimum caliper or caliper inch tree,the
caliper inch of the tree proposed to meet the requirement is determined by:
a. If the required caliper inch is less than four in.,the circumference of the tree trunk is measured six in.
above the root ball(for nursery stock or other trees not in ground), or if planted,the ground.
b. If the required caliper inch is four in.or more,the circumference of the tree trunk is measured 12 in.
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above the root ball(for nursery stock or other trees not in ground), or if planted, the ground.
The circumference(in inches)is divided by 3.14 to determine the caliper inch of the tree.
CITY MANAGER—Means the City Manager or the City Manager's designee.
DEAD OR DECLINING TREE—Means a tree is lifeless or is in a state of progressive and irreversible
decline. Among the factors that could be considered to determine if the tree is lifeless include unseasonable
lack of foliage,brittle dry branches, or lack of any growth during the growing season. Among the factors that
could be considered to determine if the tree is in progressive and irreversible decline include chlorotic
foliage, an overall thinning of the crown, significant branch mortality,top dieback,premature fall coloration
and defoliation,or abnormally abundant fruit and flower production.
DIAMETER AT BREAST HEIGHT OR DBH—Means the tree trunk diameter measured at 4.5 ft.(54 in.)
above mean ground level at the base of the trunk,except that if a tree splits into multiple trunks above ground
but below 4.5 ft.,the trunk is measured at its most narrow point beneath the split. The diameter is calculated
by dividing the circumference by 3.14.
DRIPLINE—Means an imaginary vertical line extending downward from the outermost tips of a tree's
branches to the ground.
FOREST MANAGEMENT PROFESSIONAL—Means a certified or licensed(as applicable) arborist,
forester,landscape architect, forest ecologist, or similar natural resource professional,with expertise in
developing silvicultural prescriptions.
FORESTED TRACT, LARGE Means a lot, parcel, or tract, or a portion thereof, one acre or larger in
area containing not less than one acre of tree canopy or meeting the applicable stocking level for
high/medium/low site class(es),as applicable,under the Oregon Forest Practices Act(OFPA). Where stocking
level is used(e.g.,for a forest management permit) site class is determined by a qualified forest management
professional at the time of application submittal. A property may have more than one large forested tract on
it,and forest land on contiguous tracts under the same ownership may be considered together in calculating
the minimum area of one acre.
FRUIT TREE — Means the tree is of a species that can bear an annual crop of edible fruit that is
grown for human consumption.For the purposes of this chapter,trees that produce fruits comprised of a hard
shell and a seed,commonly referred to as nuts, are excluded(e.g.,walnut, chestnut, oak).
INVASIVE TREE SPECIES—Means a tree species listed on the Invasive Tree Species List on file with the
Planning Department. The Invasive Tree Species List shall include:
a. Tree species listed by resolution of the City Council; and
b. Tree species added by the City Manager from time to time,upon finding that the tree species has been
introduced to locations outside of its native range,the tree species has spread and now persists over
large areas, and the tree species negatively impacts natural ecosystems by displacing native species,
reducing biological diversity and interfering with natural succession.
NATIVE MITIGATION TREE LIST—Means the list of native and climate adapted trees species on
file with the Planning Department,trees listed in Appendix 55.02 1,which arc suitable mitigation for the
removal of a native tree approved by a Type II permit(LOC§ 55.02.080; LOC § 55.02.08'l('l)(a)(ii)).
Item 02 Summary
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Separates the Native Mitigation Tree List from the code to be kept on file with the Planning Department so
the list can be updated without the need for code amendments in the future. The list has been updated
separately to note tree species that are also fire resistant, shade and drought tolerant, and replacements for
Oregon ash.
Key Issues Addressed: Updating tree mitigation and planting lists.
NATIVE TREE — Means a tree identified as native in the City's Master Plant List (LOC §
50.11.004 Appendix D).
PERSON—Means any individual or legal entity.
PRIVATE YARD—Means a yard that is for the exclusive use of one dwelling unit and is not shared
with other residents or the public.Examples include the yard of a single-family home or a fenced or
clearly defined backyard area that belongs only to one unit in a condo,townhome,or other multi-unit
development.
A Private Yard does not include shared or common areas,even if they are next to a home or unit. This
means courtyards,shared lawns,landscaped areas,or designated open spaces—whether located in a
tract,easement, or common area—are not considered Private Yards.
Item 03 Summary
Uses"Private Yard"instead of"Single Family Dwelling" in the tree regulations to improve code clarity.
Calls out that private yards do not include any shared open spaces. Also see commentary under"Single-
Family Dwelling"below and LOC § 55.02.042(1)(a).
General Technical Revision,no key issues addressed.
REMOVAL—Means to cut down a tree or remove all or 50%or more of the crown,trunk, or root system
of a tree; or to damage a tree so as to cause the tree to decline, die, or to qualify as hazardous(LOC §
55.02.042(4)). "Removal" includes but is not limited to topping, damage inflicted upon a root system by
application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural
grade due to unapproved excavation or filling,or unapproved alteration of natural physical conditions.
"Removal" does not include normal trimming or pruning of trees.
SIGNIFICANT TREE—Means a healthy,noninvasive tree of the following species and sizes over 15 in.
DBH that is considered significant to the neighborhood due to size,species,or distinctive character,or the
only remaining tree on a property that is not otherwise eligible for a Type I,dead,declining, or EAB
susceptible,hazard,emergency, or invasive tree species removal permit.
Tree Species Tree Size
Douglas-fir 35-inch DBH or greater
Grand fir,ponderosa pine,western
24-inch DBH or greater
hemlock,western redcedar
Oregon white oak,madrone,pacific yew Greater than 15-inch DBH
Any other non-invasive tree species 30-inch DBH or greater
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Item 04 Summary
Text added to clarify that, in determining if a tree is a significant tree solely because it is the last remaining
tree on the site, other existing trees that are eligible for other types of tree removal permits, including Type I,
dead,declining, or EAB susceptible,hazard,emergency or invasive, cannot be considered as the last
remaining tree(s)on the site.
In addition,the definition of significant tree is revised to be more predicable for applicants and City staff by
creating a list of tree species and sizes that are considered significant.
Key Issues Addressed: Revising type 2 criteria for removing last tree on property to exclude certain trees
(dead,nuisance, etc.).
SINGLE FAMILY DWELLING FOR THE PURPOSE OF THIS CHAPTER Means any of the following:
the tree cutting permit relates to a tree located in the private yard of such a unit.
Item 05 Summary
The use of"Single Family Dwelling" in the tree regulations is replaced with"Private Yards"to improve code
clarity. This is used in LOC § 55.02.042(1)(a)to help clarify that Type 1 tree removal permits apply in
private yards,but not shared open spaces or common areas unless it is in a clearly defined area for the
exclusive use of one dwelling unit..
General Technical Revision, no key issues addressed.
STAND (OF TREES)—Means a group of trees(of the same species or a mixture)that forms a visual and
biological unit at least 15 ft. in height with a contiguous crown width of at least 120 ft.
STOCKING—Means the number of trees on a given area,as in the case of trees per acre required to be
retained or planted after removal under a forest management permit. "Restocking"means trees planted under
a forest management permit for reforestation. Stocking counts trees of all sizes and ages,including seedlings
and young trees.
STREET TREE Means a tree 1.5 in. or larger in diameter at breast height(DBH) located within the public
right-of-way, a pedestrian easement abutting a right-of-way, or within a street tree easement, or used to meet
the street tree requirements for a prior development permit.
STUMP Means a tree of six ft. in height or less whose top was removed either under a tree removal permit
or by an act of nature.
TOPPING—Means the severe cutting back of a tree's limbs to stubs three in. or larger in diameter within
the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree reduction of tree
size or branch length by heading large,live branches or leaders without regard to long-term tree
health or structural integrity in a manner that is inconsistent with the most recent editions of the
American National Standards Institute A300 Part 1: Tree,Shrub, and Other Woody Plant
Management—Standard Practices (Pruning) and the companion International Society of
Arboriculture Best Management Practices for Pruning.
Item 06 Summary
Updates definition of topping for consistency with industry standards .
Key Issues Addressed: Updating definition of topping for consistency with industry standards.
TREE—Means any woody plant having a trunk six in. or larger in diameter at breast height(DBH),except
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that for purposes of restocking, "tree"means a woody perennial plant, often but not always with one
dominant trunk,with the capacity to achieve a mature height greater than 16 ft. If a tree splits into multiple
trunks above ground, but below 4.5 ft., it is considered one tree. If the tree splits into multiple trunks below
ground,each trunk shall be considered one tree. For the purposes of this chapter,stumps,shrubs,palms, and
hedges that otherwise meet the above description(common examples include rhododendrons,camellia,
English laurel,Portuguese laurel,photinia, arborvitae,windmill palms,all sumac species,and hazelnuts)
shall not be considered a"tree". For the purposes of this chapter,vine maple(Acer circinatum) and
western serviceberry(Amelanchier alnifolia) are considered a"tree".
Item 07 Summary
Exempts palm and sumac species from tree code. Specifies that vine maples and western serviceberries are
considered trees.
Key Issues Addressed: Consider exempting palm and sumac species from tree code under definition of
"tree".
TREE CANOPY—Means the total ground area covered by a tree or a stand of trees,as measured at the outer
limit of tree branches or crown,projected to the ground. This is also referred to as the tree dripline.
TREE CROWN—Means the upper part of a tree,comprising the branches,leaves,and reproductive
structures (flowers,fruit/cones) that extend from the main stem.
Item 08 Summary
Added for code enforcement when determining whether 50%percent of a tree crown is removed.
General Technical Revision,no key issues addressed.
TREE REMOVALCUTTINGPERMIT—Means written authorization from the City for a tree removal to
proceed as described in an application, such authorization having been given in accordance with this chapter.
Item 09 Summary
Permits for the removal of trees are more commonly referred to as tree"removal"permits rather than tree
"cutting"permits. This change has been made throughout Chapters 50 and 55.
General Technical Revision, no key issues addressed.
TREE RISK ASSESSOR ASSESSMENT QUALIFIED(TRAQ)ARBORIST Means a person who has
met the criteria for qualification in tree risk assessment from the International Society of Arboriculture and
maintains accreditation.
Item 10 Summary
Updated term consistent with industry terminology.
General Technical Revision,no key issues addressed.
UTILITIES Means water, sewer, gas, electric, and telecommunications services, including all
infrastructure required for an exchange.
§ 55.02.025. Exempt Activities. [Ord. No. 2664,Added, 4-7-2015; Ord. No. 2721, Amended,
7-19-2016]
This chapter does not apply to the removal of trees less than six in. DBH.
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§ 55.02.030. Prohibited Activities. [Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992;
Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721,
Amended, 7-19-2016; Ord.No. 2830,Amended, 10-1-2019]
1. No person shall remove a tree without first obtaining a tree removal cutting permit from the City
pursuant to this chapter.
2. No person shall top a tree without first obtaining a topping permit from the City pursuant to this chapter.
§ 55.02.035. Tree Removal in Conjunction with Major or Minor Development Permit. [Ord. No.
2097, Enacted, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2316,
Amended, 3-5-2002; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2721, Amended,
7-19-2016; Ord.No. 2727,Amended, 11-1-2016]
1. If a major or minor development permit applied for pursuant to LOC §§ 50.07.003.15 or 50.07.003.14,
respectively,would require or result in tree removal and/or a tree removal cutting permit as defined in
this chapter, compliance with LOC § 55.02.080 shall be a criterion of approval of such development
permit. Tree removals in conjunction with a major or minor development permit shall be considered in
conjunction with such permit and shall be subject to the application,notice,hearing and appeal
procedures applicable to the proposed major or minor development.The required notice for major or
minor developments that would require or result in tree removals shall include a site plan indicating the
location of any trees proposed for removal on the subject site.The proposed trees shall also be flagged
with yellow bright colored flagging tape on site. Such flagging shall be maintained until a final decision
on the proposal is rendered. The remaining notice,hearing and appeal procedures in LOC Chapter 55
shall not apply to tree removals considered in conjunction with a major or minor development request.
Subsequent tree removals that have not been reviewed through either major or minor development
procedures shall be reviewed as provided in this chapter.
2. Once a final decision has been rendered on the major or minor development permit,trees that have been
approved for removal as part of that decision shall be subject to the verification permit process.
Applications for verifications shall be made on the application forms as prescribed by the City Manager
and be accompanied by an application fee as established by resolution of the City Council. The purpose
of the verification process is to ensure that the trees approved for removal are properly identified for
removal in the field and that the trees that were not approved for removal are not inadvertently removed.
Removal of trees in violation of such land use approval will be considered a violation of this chapter.
The criteria contained in LOC § 55.02.080 shall not apply to verification applications for tree removal
cutting permits.
Item 11 Summary
• Allows flexibility for any bright color to be used for flagging. This change has been made throughout
Chapters 50 and 55.
• Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
3. If a tree proposed to be removed has been specifically required to be preserved or protected
as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code,
the tree removal application shall be processed as a modification to that land use action and shall be reviewed
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subject to the criteria of LOC § 55.02.080 by the body responsible for reviewing such land use actions. Such
modification procedure shall not be required in cases of an emergency as provided in LOC § 55.02.042(5), or
when the tree is dead as provided in LOC § 55.02.080(1) or is a hazard as provided in LOC § 55.02.080(2).
§ 55.02.040. (Reserved) [Repealed by Ord.No. 2059, 6-16-1992]
§ 55.02.041. (Reserved) [Repealed by Ord.No.2221, 1-18-2000]
§ 55.02.042. Permit Classifications and Review Procedures. [Ord. No. 2097, Enacted, 12-20-
1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord.
No. 2316, Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579,
Amended, 3-20-2012; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended,
12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018;
Amended, 12-3-2024 by Ord.No.2954]
An applicant that desires to remove a tree shall first apply for and receive one of the following tree removal
cutting permits before tree removal occurs:
1. Type I 4-Permit is required for:
a. A private yard of a property that is located in a residential zone and is occupied by a
single family dwelling unit;
Item 12 Summary
The use of"Single Family Dwelling" is replaced with"Private Yards"to help clarify that Type 1 tree
removal permits apply in private yards,but not shared open spaces or common areas. (Also see commentary
in LOC 55.02.020,Definitions for"Single Family Dwelling" and"Private Yard")Updates terminology for
clarity and consistency.
General Technical Revision, no key issues addressed.
b. Removal of up to two trees, 15 in. DBH or less per tree with the permit issued within a
calendar year, and removal of any number of fruit trees regardless of size; and
Item 13 Summary
Clarifies that the permit must be issued in the calendar year,not just applied for.
General Technical Revision,no key issues addressed.
c. A tree that is not:
i. Protected by a condition of approval of a development permit pursuant to the Lake Oswego
Community Development Code;
ii. Located within an area or parcel that has been placed on the Historic Landmark Designation
List pursuant to LOC § 50.06.009;
iii. A Hheritage Thee per LOC Article 55.06;
iv. Located within an RC or RP district or an HBA protection area;
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v. Located within the Willamette River Greenway(WRG)overlay district;
vi. Located within the 25-foot Oswego Lake Special Setback per LOC 50.04.003.7;
Item 14 Summary
Terminology correction and addition of reference to related code section.Capitalizing Heritage Tree for
consistency LOC Article 55.06;this change has been made where needed throughout Chapter 55.
General Technical Revision,no key issues addressed.
vii. Located on property owned by the City of Lake Oswego or dedicated to the public,including
parks, open space and public rights-of-way. Type I permits shall be issued without further
review upon application and demonstration by the applicant that the request qualifies as a
Type I permit pursuant to this subsection.
2. Type II Permit:
a. A Type II permit is required prior to any tree removal application that does not qualify for
issuance of a Type I permit,dead, declining, or EAB susceptible tree removal permit,hazard tree
removal permit, emergency permit,verification permit,topping permit, invasive tree species
removal permit, or forest management permit as described in this section.
b. Type II permits shall be reviewed and approved by the City Manager pursuant to LOC §
55.02.080(approval criteria) and 55.02.082 (notice requirements).
3. Dead,Declining, or Emerald Ash Borer(EAB) Susceptible Tree Removal Permit:
a. The City shall issue a tree removal cutting permit for a dead or declining tree,except as provided
by subsection 3.b of this section, if the applicant demonstrates that a tree is dead or is in
progressive and irreversible decline and warrants removal,or for ash(Fraxinus spp.),white
fringetree (Chionanthus virginicus)and cultivated olive (Olea europaea)tree species known to be
infested with in any condition that are susceptible to emerald ash borer(Agrilus planipennis)
infestation. The City may require the applicant to submit a report from an arborist substantiating
that the tree is dead or in progressive and irreversible decline or infested with documenting
positive identification of a tree species susceptible to emerald ash borer.
b. In order to provide for wildlife habitat and natural processes,the City Manager may require the
retention of a dead or declining tree or parts thereof.Dead or declining trees shall not be
removed if located in wetlands,RC protection areas (LOC § 50.05.010.5.b),HBA protection areas,
stream corridors,parks or open space areas required to be preserved as a condition of development
approval unless it is not practicable to prevent the tree presents a potential hazard to from being
within striking distance of persons people that could be injured or property or utilities that
could be damaged or is known to be infested with susceptible to emerald ash borer.
Item 15 Summary
• Allows for removal of trees in sensitive lands that are dead or declining and located within striking
distance of targets and could be considered hazardous.
• Increases flexibility for removing trees susceptible to Emerald Ash Borer(EAB).Allows for early
removal before trees are infested with EAB to avoid higher removal costs and to spread out
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replacement of EAB susceptible species to reduce the city-wide impacts of their removal.
• Updates terminology for clarity and consistency.
Key Issues Addressed:
• Clarifying tree removal and protection requirements in sensitive lands
• Reducing barriers to ash tree removals in preparation for EAB
• Creating a more consistent process for hazard and potential hazard tree submittals and approvals
• Evaluating options for addressing dead and hazard trees on neighboring properties
4. Hazard Tree Removal Permit: The City shall issue a tree removal cutting permit for a hazard tree if the
applicant demonstrates that a tree is a hazard and warrants removal.
a. A hazard tree is a tree that is likely to fall and injure persons or property as evidenced by cracking,
splitting,leaning or physical damage.A hazard tree may also include a tree that is causing damage
to existing public or private services or public facilities and such facilities or services cannot
reasonably be relocated or repaired. The applicant must demonstrate that the condition or location
of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an
existing structure and such hazard or danger cannot reasonably be alleviated by treatment or
pruning or moving the service or facility.
b. The City may require the applicant to submit a report from a Tree Risk Assessor Assessment
Qualified Arborist confirming the hazard potential of the tree, indicated by a high or extreme
lid risk rating in the International Society of Arboriculture qualitative tree risk assessment for
the next five year timeframe,along with an analysis of alternative methods to alleviate the hazard
without removal,and submit a completed hazard evaluation form as provided by the City.
Item 16 Summary
• Updates tree risk timeframe to be consistent with International Society of Arboriculture standards.
• Updates tree risk terminology to be consistent with current industry terminology.
• Updates terminology for clarity and consistency.
Key Issues Addressed: Adding a timeframe for tree risk assessments.
5. Emergency Permit:
a. If the condition of a tree presents an immediate danger of collapse, and represents a clear and
present hazard to persons or property, an emergency tree removal cutting permit may be issued.
For the purposes of this subsection, "immediate danger of collapse"means that the tree is already
leaning,and there is a significant likelihood that the tree will topple or otherwise fail and cause
damage before a tree removal cutting permit could be obtained through the nonemergency process.
"Immediate danger of collapse" does not include hazardous conditions that can be alleviated by
pruning or treatment.
b. An emergency permit shall be issued if a tree is leaning such that it rests either:
i. On a structure; or
ii. On another tree and there is a significant likelihood that the tree will topple or otherwise
fail.
c. If a utility service has been interrupted such that the applicant can demonstrate that repairs cannot
13
be completed without the removal of a tree, an emergency permit shall be issued. If the tree is a
significant tree or a Hheritage Ttree,the applicant must also demonstrate that the utility cannot
practicably be relocated.
d. Emergency tree removal cutting permits must be approved by the City Manager.If an emergency
situation arises at a time when the City Manager is unavailable, and such emergency creates a
significant likelihood that the tree will topple or otherwise fail before such official becomes
available,the owner of the tree shall photograph the tree showing emergency conditions and then
may proceed with removal of the tree to the extent necessary to avoid the immediate hazard.
Within seven days of such removal,the owner of the tree shall apply for a retroactive emergency
tree removal cutting permit and shall submit with the application evidence to demonstrate the
emergency nature of the tree.
e. The City may require the applicant to hire an arborist to review the evidence to ascertain whether
the tree presented an immediate danger of collapse. The person or entity performing the removal
shall not be eligible to provide this review. If the evidence shows that the tree did not satisfy the
emergency tree removal standards set forth in this chapter,the application shall be denied and the
owner of the tree shall be subject to penalties pursuant to LOC § 55.02.130 and the
mitigation requirements of LOC § 55.02.084.
6. Invasive Tree Species Removal Permit: The City may issue a tree removal cutting permit for a tree that
is on the Invasive Tree Species List upon the applicant's compliance with the requirements of LOC §
55.02.050(1)(a).
Item 17 Summary
Updates terminology for clarity and consistency.
General Technical Revision,no key issues addressed.
7. Verification Permit:
a. If a site has received development approval through a major or minor development process or
for a ministerial resource enhancement project pursuant to LOC
§§ 50.05.010.5.c.iii(7) or 50.05.010.6.c.ii(1)(f),then a verification permit shall be issued for those trees
approved for removal through that process. To obtain a verification permit,an applicant must clearly identify
in the field the trees to be removed by tying yellow bright colored tagging tape around each tree and
submitting a site plan indicating the location of the requested trees. The City Manager may require the
building footprint of the development to be staked to allow for accurate verification of the permit application.
The City Manager will then verify that the requested trees match the site plan approved through the major or
minor development process or resource enhancement project. The City shall require the applicant to mitigate
for the removal of each tree pursuant to LOC § 55.02.084. Such mitigation requirements shall be a condition
of approval of the original development permit.
Item 18 Summary
Allows flexibility for any bright color to be used for flagging.
General Technical Revision,no key issues addressed.
b. Any tree not approved for removal through the original major or minor development review
process or resource enhancement project shall not be approved as part of the verification permit
14
process,unless the subject tree is located within an approved building footprint,public/private
utility or improvement area,and no feasible alternative exists to preserve the tree. In such cases,the
City may allow the tree to be removed without a Type II tree removal cutting permit process;
however,the mitigation requirements of LOC § 55.02.084 shall still apply.
c. Verification permits shall be issued upon application and demonstration by the applicant that the
request complies with this section.Verification permits shall not be issued prior to the issuance of a
building permit for the subject property without prior authorization by the City Manager.
8. Topping Permit:
a. A topping permit may be issued only if the following apply:
i. A utility,or public agency,or other person who routinely tops trees in furtherance of public
safety may apply for a topping permit pursuant to this section based upon an arborist or
forester management professional report establishing a methodology for topping in
compliance with this subsection.
Item 19 Summary
• Limits topping permits to utility companies or public agencies.
• Updates terminology for clarity and consistency.
• Uses the term"forest management professional"since it is a defined term in Chapter 55.
Key Issues Addressed: Limiting topping permits to utility companies
ii. Trees under utility wires may be topped only where other pruning practices are impractical.
b. The City, in granting approval for tree removal in an open space or undeveloped area,may allow a
tree to be topped to a designated height in order to maintain a"snag" for wildlife habitat.
c. A tree cutting permit obtained for tree removal shall not authorize topping unless said tree cutting
permit specifically authorizes such action.
9. Forest Management Permit,Minor or Major: The City shall issue a permit for tree removal cutting on a
large forested tract upon the applicant's compliance with the requirements of LOC § 55.02.072.
Item 20 Summary
• Moves the standard limiting topping to a condition of approval to section LOC § 55.02.094 where
other conditions of approval are located to increase the standard's visibility.
• Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
10. Programmatic Permit: The City shall issue public agencies and utilities a programmatic permit
for trees that are eligible for a Dead,Declining, or EAB Susceptible Tree Removal Permit,
Hazard Tree Removal Permit,Invasive Tree Species Removal,or Topping Permit for anticipated
work citywide that covers up to five calendar years following the date of permit approval upon
the applicant's compliance with the requirements of LOC § 55.02.050(1)(c).
Item 21 Summary
Creates a programmatic tree removal permit for Public Agencies and Utilities that can be used citywide with
15
a 5-year timeline. This allows agencies with ongoing work plans(such as clearing under powerlines and
routine tree maintenance)to simplify their permitting and maintain efficient services.
Key Issues Addressed: Creating programmatic permit process for public agencies and utilities
§ 55.02.045. (Reserved) [Repealed by Ord.No. 2221, 1-18-2000]
§ 55.02.050. Application for Permits. [Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976;
Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 2-20-1994; Ord. No. 2221, Amended,
1-18-2000; Ord. No. 2576,Amended, 11-15-2011; Ord. No. 2664, Amended, 4-7-2015; Ord.
No.2721,Amended,7-19-2016; Ord.No.2811,Amended, 1-2-2019]
1. An application for a tree cutting removal permit shall be made upon forms prescribed by the City.
a. Invasive Tree Species Removal Permit. An application for an invasive tree species removal
permit shall contain:
i. Photograph(s)that positively identify the tree species;
ii. The number,DBH, species,and location of the trees proposed to be cut removed on a site
plan of the property. For large forested tracts,the City Manager may accept an estimate of
the number of invasive trees to be removed with a site plan indicating the estimated number,
location,DBH, and species;
iii. Information as to whether the tree is located in a public right-of-way,is within a Resource
Conservation or Resource Protection overlay district, or a required protection area for a
Habitat Benefit Area,or is part of an approved landscape or mitigation plan; and
iv. Any other information reasonably required by the City.
b. Other Tree Removal Permits. An application for a tree cutting removal permit that is not for an
invasive tree species removal permit shall contain:
i. The number, DBH, species and location of the trees proposed to be cut removed on a site
plan of the property, except as provided for a major forest management permit application
under LOC § 55.02.072(4);
Item 22 Summary
Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
ii. A forest management plan,where an application is for a major forest management permit
under LOC § 55.02.072(4). The application shall provide an estimate of current and proposed
stocking levels(number and basal area) of trees six in. or greater DBH by general categories
of trees (e.g., evergreen-conifer, evergreen-broad leaf,deciduous,etc.),and identify the
names of the predominate tree species representing each category;
iii. A statement of the reason(s) for removal;
iv. A landscape plan for Discretionary Track Type II tree removal(LOC § 55.02.080(1)(a))if
16
the purpose is to carry out the plan;and
v. A tree protection plan in accordance with LOC 55.08.020 for the trees proposed to be
retained for Clear and Objective Track Type II tree removal(LOC & 55.02.080(1)(b));
and
vi. Any other information reasonably required by the City.
Item 23 Summary
Outlines the application requirements for the updated Type II tree removal permit paths;the Clear and
Objective Type II tree removal permit for housing development, and the Discretionary Type II tree removal
permit for non-housing development and housing development that chooses the discretionary approval path.
Key Issues Addressed: Creating clear and objective standards for needed housing
c. Programmatic Permits for Public Agencies and Utilities.Public agencies and utilities may
receive approval for a Dead,Declining,or EAB Susceptible Tree Removal Permit,Hazard
Tree Removal Permit,Invasive Tree Species Removal,or Topping Permit for anticipated
work citywide that covers up to five calendar years following the date of permit approval
through an application that shall contain:
i. A statement describing why a non-programmatic Dead,Declining,or EAB Susceptible,
Hazard,Invasive, or Topping Permit is not practicable for the operations of the public
agency or utility;
ii. The estimated number,DBH, and species of trees to be covered by the programmatic
permit;
iii. A site plan or map of the anticipated programmatic work area(s);
iv. A narrative describing how the applicable tree removal permit approval criteria and
mitigation requirements will be met; and
v. A narrative describing how compliance with the applicable tree removal permit
approval criteria and mitigation requirements will be documented annually and prior
to the end of the programmatic permit approval period.
Item 24 Summary
Allows for a programmatic tree removal application for Public Agencies and Utilities to cover work citywide
within a 5-year timeline. This allows agencies with ongoing work plans(such as clearing under powerlines
and routine tree maintenance)to simplify their permitting and maintain efficient services.
Key Issues Addressed: Creating programmatic permit process for public agencies and utilities
2. The applicant shall have the burden of proving that the application complies with the criteria for
approval of the applicable class of permit.
3. Misrepresentation of any fact necessary for the City's determination for granting a tree cutting removal
permit shall invalidate the permit.The City may at any time,including after a removal has occurred,
independently verify facts related to a tree removal request and, if found to be false or misleading,may
invalidate the permit and process the removal as a violation. Such misrepresentation may relate to
17
matters including,without limitation,tree size, location,health or hazard condition, and owner's
authorized signature.
LOC § 55.02.060. Fees. [Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No.
2221Amended, 1-18-2000; Ord.No.2721,Amended,7-19-2016]
An application for a tree cutting removal permit shall be accompanied by a filing fee as established by
resolution of the City Council.
Item 25 Summary
Updates terminology for clarity and consistency.
General Technical Revision,no key issues addressed.
LOC § 55.02.061. (Reserved) [Repealed by Ord.No.2097, 12-20-1994]
LOC § 55.02.065. (Reserved) [Repealed by Ord.No.2221, 1-18-2000]
LOC § 55.02.067. (Reserved) [Repealed by Ord.No.2097, 12-20-1994]
LOC § 55.02.070. (Reserved) [Repealed by Ord.No.2059,6-16-1992]
LOC § 55.02.071. (Reserved) [Repealed by Ord.No.2097, 12-20-1994]
LOC § 55.02.072. Forest Management Permit. [Ord. No. 2664, Added, 4-7-2015; Ord. No. 2687,
Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Amended, 12-3-2024 by Ord.
No.2954; Amended, 11-19-2024 by Ord.No. 2948]
1. Purpose.The criteria for approval of forest management permits are intended to sustain forest cover and
health, and assist property owners in managing forested properties,while minimizing the risk of
catastrophic events such as wildfire, drought,pest and disease infestations, storms(tree blow-down),
and landslides. In addition,large forested tracts can provide thermal comfort and energy conservation
(where stands of trees provide summer shade and windbreaks);water quality(through reduced runoff
and erosion); air quality;noise reduction(e.g.,in areas of dense trees and shrubs);wildlife and
biodiversity; income for property owners; and aesthetics,which can contribute positively to community
identity,real estate values,commerce,recreation, and individual health and well-being.
2. Applicability.An applicant may apply for removal of one or more trees from the subject tract provided
the tract is not subject to a pending application for minor or major development,and the subject trees
are not:
a. Noteworthy landscape features included in the Cultural Resources Inventory Field Form for a
property that has been placed on the Historic Landmark Designation List pursuant to LOC §
50.06.009,except if the"Statement of Significance"indicates the features are not significant to the
landmark;
b. A H1*eritage Thee per LOC Article 55.06;
c. Located within an RP or RC district, or HBA protection area;
d. Located within the Greenway Management(GM)overlay district(LOC § 50.05.009);or
e. Located within the 25-foot Oswego Lake Special Setback(LOC § 50.04.003_72)-; or
18
f. Located within a property managed as a municipal or private golf course.
Item 26 Summary
• Corrects terminology and the code citation to the Oswego Lake Setback and
• Clarifies that trees located on golf courses are not eligible for forest management permits since the
land use can conflict with sustaining tree canopy cover.
Key Issues Addressed: Disallow golf course use from qualifying for Forest Management Permit
3. Minor Forest Management Permit. An applicant may apply for a minor forest management permit to
remove trees under the following criteria:
a. Removal of up to six trees or four square ft. of basal area,whichever is greater,within one
calendar year for every one acre(43,560 sq. ft.)of a large forested tract(round to the closest whole
number of trees).
b. Removal of any number of trees that meet the criteria in LOC § 55.02.042 for a dead,declining,
or EAB susceptible tree removal permit,hazard tree removal permit, emergency permit,topping
permit,or invasive tree species removal permit may be combined in one minor forest management
permit. The City Manager may require a report from a qualified forest management professional to
address the respective criteria.
c. Soil, felled trees, and debris shall be contained within the subject tract; forest management
activities shall not cause erosion or alter the flow of surface waters onto an adjacent property.An
erosion control permit approved by the City Manager pursuant to LOC Chapter 52 is required prior
to tree removal activities that disturb 500 sq. ft. or more of land surface area,or any land area
within 50 ft. of a stream corridor boundary.
d. If the site was subject to a development permit,the removal of trees shall not be contrary to the
development permit pursuant to LOC Chapter 50.
Minor forest management permits shall be issued without further review upon application and demonstration
by the applicant that the request qualifies as a minor forest management permit pursuant to this subsection.
4. Major Forest Management Permit(Forest Management Plan). An owner of a large forested tract or the
owner's authorized agent may apply for a major forest management permit to remove more trees than
would be permitted under a minor forest management permit. An application for a major forest
management permit shall be accompanied by a forest management plan prepared by a qualified forest
management professional,which shall be reviewed and approved by the City Manager pursuant to the
notification requirements in LOC § 55.02.082 and the following criteria:
a. The forest management plan shall include a description of the existing conditions and identify and
describe the forest management objectives that it is intended to implement for each tree stand type
proposed for treatment. Forest management objectives include pest management; disease
prevention and treatment;protection against catastrophic events, such as wildfire and storms(tree
blow-down);removal of individual hazard trees;water quality protection or improvement;removal
of invasive species;and routine pruning,thinning, and replanting of trees for forest health and
diversity;
b. Forest management shall not include the felling and removal of all trees from a stand
19
(clearcutting), except where a stand is predominately comprised of diseased trees,treatment by
other means is not practicable,and the forest management plan provides for restocking with
nonsusceptible species;
c. Forest management activities will not have a significant negative impact on erosion,soil stability,
flow of surface waters,protection of adjacent trees, or existing windbreaks;
d. Forest management activities will not result in removal of more than 50%of the basal area of trees
within a required setback yard under the applicable zoning district(LOC Chapter 50). The
reviewing authority may grant an exception to this criterion when alternatives to tree removal have
been considered and no reasonable alternative exists but to allow the proposed forest management
activities. In making this determination,the reviewing authority shall consider the advice of a
qualified forest management professional;
e. Removal of the tree(s)is not for the sole purpose of providing or enhancing views. Thinning and
pruning of trees to provide a fuel break next to an existing dwelling is allowed subject to
compliance with the criteria of this section;
f. Removal of trees shall substantially conform to any development permit issued for the site
pursuant to LOC Chapter 50.
g. The application shall contain a forest management plan(narrative and site plan)that:
i. Identifies all proposed areas of tree removal, stocking, and other forest practices,as
applicable;
ii. Identifies all proposed forest management activities, including timing, duration,method of
application(e.g.,manual or equipment),temporary and permanent disturbance areas (e.g.,
any roads, stockpiles, etc.),and,where applicable, erosion control measures under LOC
Chapter 52;
iii. Describes how existing trees to be retained,including trees not in the area to be thinned,and
those on abutting property,will be protected during all proposed forest management activities;
iv. Demonstrates how any adverse impacts,per subsections(4)(c) and(4)(d) of this section,will
be avoided; or,where impacts are unavoidable,how they will be minimized or mitigated;
v. Provides silvicultural prescriptions and maintains site-appropriate stocking levels as
recommended by a qualified forest management professional to achieve the stated forest
management objectives. The reviewing authority may refer to the Oregon Forest Practices
Act for guidance on recommended stocking levels, as applicable; and
vi. Preserves exemplary specimen trees for their aesthetic or educational value where
preservation does not conflict with the proposed forest management objectives.
§ 55.02.075. (Reserved) [Repealed by Ord.No.2221, 1-18-2000]
§ 55.02.080. Criteria for Issuance of Type II Tree Cutting Removal Permits. [Ord. No. 2097,
Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended,
9-5-2000; Ord.No. 2721,Amended,7-19-2016; Ord.No. 2830, Amended, 10-1-2019]
20
Item 27 Summary
Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
An applicant for a Type II tree cutting permit shall demonstrate that the following criteria are satisfied.
1. Applicability.An applicant for a Type II Tree Removal Permit shall demonstrate compliance
with the clear and objective housing track criteria in subsection (b) for all applications involving
the construction of a new dwelling unit or the creation of new residential lots,except that an
applicant may,at their option,elect to demonstrate compliance with the discretionary track
criteria in subsection(a)instead.For all other applications,the applicant shall demonstrate that
the discretionary track criteria in subsection (a) are satisfied. The City Manager may require an
arborist's report to address the criteria for a permit,when applicable.
Item 28 Summary
Creates a clear and objective track for construction of needed housing or creation of new lots as required by
state law. Retains the discretionary track for non-housing related tree removal and for housing construction
applicants that opt to pursue a discretionary track.
Note: it is not entirely clear in current state law whether the requirement for clear and objective standards
applies only to development of new dwelling units and residential lots or to any development that relates to
housing(e.g.,including additions or remodels of existing dwellings). A current case,Roberts v. City of
Cannon Beach, 334 Or App 762, 557 P3d 1143 (2024),rev allowed, 373 Or 284(2025), is pending before the
Oregon Supreme Court and it appears that the scope of"housing"and"development of housing"are included
in the issues on appeal before the Court.Accordingly,the Supreme Court's decision on this appeal may or
may not provide clarity to the scope of the clear and objective standards and a decision by the court may not
occur prior to the adoption of these code amendments.
Key Issues Addressed: Creating clear and objective standards for needed housing
a. Discretionary Track Type II tree removal permit criteria:
i. The tree is proposed for removal because it has outgrown its landscape area er,,the removal
is part of a landscape plan or other landscape improvement,or in order to construct
development approved or allowed pursuant to the Lake Oswego Code or other applicable
development regulations. The City Manager may require the building footprint of the
development to be staked to allow for accurate verification of the permit application;
A. i For the purposes of this section,a tree that has outgrown its landscape area may
include,but is not limited to,a tree that has grown such that damage to a structure or
facility cannot be avoided by pruning or other maintenance, a tree that has grown too
large within a constrained space such as a deck or other built feature that was
constructed around the tree,or thinning to improve the health of other trees.
B. i4 For purposes of this section, a"landscape plan"shall consist of plantings but may
also include walkways,patios and other landscape features;the plan must include
21
more than removing the tree for which the Type II permit is requested and planting
required mitigation trees;_
Item 29 Summary
Clarifies approval criteria for the Type II discretionary tree removal permit. Criteria allow tree removal for
other landscape improvements such as the removal and replacement of a tree in poor health that does not
require a full landscape plan. Removal of trees in order to use solar features(defined in Chapter 50)or to
maintain fire defensible space consistent with LOFD guidelines could be evaluated using Type II
discretionary track criteria on a case-by-case and site specific basis.
Key Issues Addressed:
• Reducing conflicts between trees, solar, and other sustainable practices
• Assessing tree regulations to support wildfire-resistant landscaping
• Consistency between development and non-development tree permitting
ii. 2 Removal of the tree,considering proposed mitigation measures,will not have a significant
negative impact on erosion,soil stability,flow of surface waters,protection of adjacent trees,
or existing windbreaks;
iii. 3-Removal of the tree will not have a significant negative impact on the character or
aesthetics of the neighborhood. This standard is met when removal of the tree(s) does not
involve:
A. a-A significant tree;
B. b-Alterations to the distinctive features or continuity of the neighborhood skyline,as
viewed from all public streets and properties within 300 ft. of the property;
C. o A tree that serves as a visual screen between a residential zone and an abutting
nonresidential zone,or between a low density residential zone and a medium or high
density residential zone,or between a medium and high density residential zone;
D. d-A street tree;or
E. e Greater than 50%of a stand of trees.-1
iv. 4. Removal of the tree is not for the sole purpose of providing or enhancing views;
v. 5-Removal of the tree is not contrary to another section of the Lake Oswego Code ;and
including but not limited to LOC §,50.05.010; and
vi. The City shall require the applicant to mitigate for the removal of trees pursuant to
LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the
permit.
Item 31 Summary
Cross references sensitive lands requirements in LOC § 50.05.010 and tree mitigation requirements in LOC §
55.02.084 to make more prominent in this subsection. Type II discretionary permit approval criteria iv,v,and
vi are shifted to before exceptions criteria so that all approval criteria are grouped together.
General Technical Revision, no key issues addressed.
22
vii. Exceptions: This subsection iii.3:is not applicable when:
a.A tree is likely to or will continue to cause damage to a permanent,viable existing structure,or to
infrastructure, such as utilities or paved landscape features,that cannot be remedied through
reasonable tree maintenance or pruning;or
A. Removal for Development Purposes:
i. Alternatives to the tree removal have been considered and no reasonable
alternative site plans or placement of structures exist to allow the property to be
used as permitted in the zone.In making this determination,the City may
require exploratory excavation under arborist supervision to demonstrate that
critical root impacts are unavoidable as determined by the arborist in a written
report, and consider alternative site plans or placement of structures that would
lessen the impact on trees,so long as the alternatives continue to comply with
other provisions of the Lake Oswego Code;
b.Alternatives to the tree removal have been considered and no reasonable alternative exists to
allow the property to be used as permitted in the zone. In making this determination,the City may
consider alternative site plans or placement of structures(development purpose)or alternate
trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code;
B. Removal for landscaping purposes:
i. The tree is likely to or will continue to cause damage,to a permanent,viable
existing structure,or to infrastructure,such as utilities or paved landscape
features,that cannot be remedied through reasonable tree maintenance or
pruning; or
ii. Alternatives to tree removal have been considered,and no reasonable
alternative landscaping design exists to allow the property to be used as
permitted in the zone.In making this determination,the City may consider
alternative landscaping designs,whether pruning,other maintenance, or
alternative locations of improvements are possible that would lessen the impact
on trees,so long as the alternatives continue to comply with other provisions of
the Lake Oswego Code; or
iii. A Tree Risk Assessment Qualified(TRAQ)Arborist submits an arborist report
and completed hazard evaluation form, as provided by the City,that verifies the
overall risk rating of the tree is moderate within the next five year timeframe
based on the International Society of Arboriculture qualitative tree risk
assessment methodology,and demonstrates a history of failure of similar trees
growing in similar site conditions on or adjacent to the site which indicate the
subject tree could fail in a similar manner.The arborist report shall also include
an analysis of alternatives to reduce the moderate risk rating to low through
pruning,maintenance or other treatments,in order to demonstrate that there
are no reasonable alternatives to tree removal.
Item 30 Summary
• The exceptions criteria have been reorganized and numbered.
23
• For significant trees proposed for removal for landscape improvements which could also include
removals for a solar feature or wildfire risk reduction,removal would only be permitted when branch
pruning or other alternatives not a viable option.
• Increased flexibility is provided for non-development removal of moderate risk trees not yet eligible
for a hazard tree removal permit.
Key Issues Addressed:
• Reducing conflicts between trees, solar, and other sustainable practices
• Assessing tree regulations to support wildfire-resistant landscaping
• Consistency between development and non-development tree permitting
• Creating a more consistent process for hazard and potential hazard tree submittals and approvals
b. Clear and Objective Track Type II tree removal permit criteria for the construction of new
dwelling units or the creation of residential lots only,including concurrent improvements
that are accessory to the construction of new dwelling units or the creation of residential lots
such as utilities,driveways, accessory structures, and landscaping:
i. Retain at least 45% of trees greater than 15-inch DBH within the development site and
abutting street right-of-way fronting the site; or
ii. Retain at least 45% of DBH of trees greater than or equal to 6-inch DBH within the
development site and abutting street right-of-way fronting the site; and
iii. For the portion of the minimum retention requirements under subsections b(i) and b(ii)
above that cannot be met,the applicant shall pay into the City's tree fund a standard
fee per DBH inch for the total number of inches required to meet the 45% DBH
retention threshold in an amount as established by resolution of the City Council.
iv. For the purposes of calculating tree or DBH retention percentages in this subsection,
the following bonus credits may be applied:
A. 175% credit for retained Oregon white oak(Ouercus garrvana); and
B. 125% credit for retained grand fir(Abies grandis),bigleaf maple(Acer
macrophvllum),Pacific madrone(Arbutus menziesii),Douglas-fir(Pseudotsuga
menziesii),Pacific yew(Taxus brevifolia), and western redcedar(Thula plicata).
v. The following trees are not subject to retention or eligible for retention credit in this
subsection:
A. Dead or declining trees;
B. Ash (Fraxinus spp.),white fringetree(Chionanthus virrinicus), and cultivated olive
(Olea europaea);
C. Invasive tree species;
D. Fruit trees; and
E. Hazard trees that are eligible for a Hazard or Emergency Tree Removal Permit.
24
vi. Trees located within the building envelope,based on required setbacks for the zone,of
a development site as defined in LOC Chapter 50 that is 5,000 square feet or less in size
are exempt from the retention requirements in this subsection except they may receive
credit towards minimum tree or DBH retention percentages if the applicant chooses to
retain them.
vii. A tree is considered within a development site, abutting street right-of-way,or building
envelope if any portion of its trunk at ground level is within the development site,
abutting street right(s)-of-way, or building envelope.
viii. Only trees with proposed excavation,fill,or structures within their tree protection zone
as defined in LOC § 55.08.015 are eligible for removal in this section.Removal of trees
for the sole purpose of providing or enhancing views, or for other aesthetics reasons is
not permitted.
ix. A tree protection plan in accordance with § 55.08.020 shall be submitted concurrently
with the Clear and Objective Track Type II tree removal permit application to verify
the feasibility of protecting the trees identified for retention and demonstrate how the
proposed retention percentages in subsections b(i) and b(ii),above, are calculated in the
tabular tree inventory.
x. Significant trees to be removed shall be noted in the tabular tree inventory.
xi. Heritage Trees per LOC Article 55.06 are not eligible for removal under this
subsection.
xii. Tree removal that is contrary to another section of the Lake Oswego Code,including
but not limited to LOC §50.05.009,LOC § 50.05.010, and LOC § 50.06.009,is not
eligible for removal under this subsection.
xiii. A separate Dead,Declining, or EAB Susceptible,Invasive Tree Species,Hazard,
Emergency, or Discretionary Track Type II tree removal permit is not required when
trees eligible for these tree removal permits are applied for removal in conjunction with
a Clear and Objective Track Type II tree removal permit.
xiv. Modifications to an approved Clear and Objective Track Type II tree removal permit
prior to issuance of certificate of occupancy for the associated development or building
permit shall occur only through an approved Dead,Declining,or EAB Susceptible,
Invasive Tree Species,Hazard,Emergency,or Discretionary Track Type II tree
removal permit.
xv. 6:The City shall require the applicant to mitigate for the removal of trees pursuant to
LOC 55.02.084.Such mitigation requirements shall be a condition of approval of the
permit.
Item 32 Summary
• Creates clear and objective standards for minimum tree retention with residential development
projects to comply with state law.
• Minimum retention requirements can be met by preserving a minimum percent of either the total
25
number of larger trees on the site, or of the total tree DBH on the site.
• Creates incentives to maintain higher value native trees,with the strongest incentives for retaining
Oregon white oaks.
• Specifies trees do not qualify for the retention credit if they are eligible to be reviewed through a non-
type II removal process(such as hazard trees).
• The permit process for larger sites is streamlined to one review for the full site before development,
rather than several reviews done in phases or for multiple individual lots.
• Requires a tree protection plan with the application to help ensure survival of retained trees.
• The fee in lieu of tree retention is adopted by City Council as part of a separate process. However,
the review bodies will need to provide a recommendation to City Council regarding an appropriate
fee. If the fee is too low, applicants will not be incentivized to retain trees. If the fee is too high, it
could represent an unreasonable cost.
Key Issues Addressed:
• Creating clear and objective standards for needed housing
• Creating tree preservation incentives
• Streamlining tree permitting processes
• Updating mitigation fees and planting inspection requirements
§ 55.02.082. Staff Decision and Notice Requirements for Type II Permits and Major Forest
Management Permits; Issuance of Permit. [Ord.No. 2221,Added, 1-18-2000; Ord.No. 2260,
Amended, 9-5-2000; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended,
7-19-2016; Ord.No. 2854,Amended, 11-3-2020]
1. Except for applicants that meet the requirements of§ 55.02.082(7). Aan applicant for a Type II tree
cutting removal permit or a major forest management permit shall:
a. Complete a public notice form.City staff shall distribute the notice to the neighborhood association
whose boundaries include the proposed tree removal site;
b. Complete a certification that the property will be posted and the trees will be marked pursuant to
this section;
c. Within 24 hours of applying receiving notification from the City for a tree cutting permit that the
notice sign is ready,post a public notice sign of a pending tree cutting removal permit as provided
by the City on the subject property or associated access easement in a location that is clearly visible
and readable to vehicles traveling on a public street and to pedestrians walking or biking by the
property. The public notice sign shall state that a tree cutting removal permit is pending for trees
on the property marked by yellow bright color plastic tagging tape(or other means approved by
the City,in the case of forest management permits),and shall include:
i. The date of posting and the pending permit number as assigned by the City Manager, and
state that City staff will consider any comments on the pending permit that are received
within 14 days of the date of posting before the end of the comment period. For pending
forest management permits,the notice shall include a brief summary of the proposed tree
removal and forest management activities;
26
ii. The following dates regarding the application:
A. Last date to submit written comments;
B. Expected date for issuance of tentative decision;
iii. Telephone number, City website address, and Planning Depailiuent location and hours to
obtain information about the application, submit comments,obtain the tentative decision, and
determine the last date to request a hearing.
d. Mark each tree proposed to be removed by tying or attaching a yellow bright colored plastic
tagging tape to the tree trunk at 4.5 ft. above mean ground level at the base of the trunk,on or
prior to the same day that the property is posted; and
i. Exception: For tree removal under a forest management permit,trees may be identified with
tree marking paint, flagging, or other methods recommended by a forest management
professional and identified in the permit;
e. Maintain the tree marking and public notice sign until the final decision is issued.
Item 33 Summary
Updates to clarify Type II tree removal permit process.
General Technical Revision, no key issues addressed.
2. After the close of the 4-47-day comment period:
Item 34 Summary
Reduces the public comment period by one week for all Type II tree removal permit applications to
streamline permitting timelines.
Key Issues Addressed:
• Evaluating appeals process to reduce delays and conflicts between groups
• Streamlining tree permitting processes.
a. If the tree cutting removal permit application is associated with development that is the subject of
a building permit application,review of the tree cutting removal permit application shall be
suspended until the associated building permit application is reviewed and the development is
found to be in conformance with the Community Development Code standards.City staff shall
then promptly make a tentative decision approving the permit, approving the permit with
conditions, or denying the permit. (If the development in the associated building permit is
materially different than the development as described in the tree cutting removal permit
application,the applicant shall modify the tree cutting removal permit application so that the
proposed development is materially consistent with the development in the associated building
permit;the tree cutting removal permit application shall then be renoticed for a new comment
period.)
Item 35 Summary
Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
27
b. If the tree removal permit application is not associated with development that is the subject of a
building permit, City staff shall promptly make a tentative decision approving the permit,
approving the permit with conditions, or denying the permit.
c. The tentative decision shall be posted on a Planning Depai talent internet case file webpage,
referencing the address stated in the posted notice.A notice of tentative decision shall state the
deadline to file a request for hearing.
d. The notice of tentative decision shall be given to the applicant,neighborhood association, and
persons that submitted written comments. The notice of tentative decision shall be provided by
email to the person's/association's submitted email address,or if no email address is provided by
a person but a mailing address is provided,then by first class mail.
3. If no request for a hearing is received within seven days after the tentative decision is issued and notice
of tentative decision is given to the applicant,neighborhood association,and to persons that submitted
written comments pursuant to LOC§ 55.02.085,the tentative decision shall be the final decision.
4. If a request for hearing is timely filed, City staff shall immediately post a red sign on the subject
property within three business days of the request for hearing in the same manner as the posted notice
under subsection 1.c of this section, stating a tentative decision on an application for tree removal was
issued,a timely request for hearing was filed,and the location,time and date of the hearing.The applicant
shall maintain the posting of this sign and the tree marking,until through the date of the hearing.
Item 36 Summary
Extends sign posting requirement from immediately to within three business days to allow flexibility for
holidays and weekends and to coordinate hearing dates.
General Technical Revision, no key issues addressed.
5. Failure to install or maintain the required notice and marking may result in denial or delay in issuance of
the permit or revocation of an approved permit.
6. The tree removal cutting permit shall be issued promptly after the decision approving the tree cutting
removal application is final and the applicant has completed all conditions of approval required
prior to the issuance of the tree removal permit, except if the tree cutting removal permit application
is associated with a building permit application,the tree cutting removal permit shall be issued
concurrently with the building permit.
Item 37 Summary
Clarifies that conditions of approval required before the permit is issued must be completed before issuance
of the permit. Common conditions are identification of the type and location of mitigation trees,or payment
into the tree fund.
General Technical Revision, no key issues addressed.
7. Applicants that retain at least XX% of trees or XX% of DBH pursuant to LOC § 55.02.080(1)(b)
are exempt from the public notice and appeal procedures in this subsection and the tentative
decision by City staff shall be the final decision,except tree removal in conjunction with a major
or minor development permit shall be considered in conjunction with such permit and shall be
28
subject to the application,notice,hearing, and appeal procedures applicable to the proposed
major or minor development in accordance with LOC § 55.02.035.
Item 38 Summary
Creates an incentive for greater tree retention by removing public comment and opportunities for appeal for
projects meeting enhanced retention thresholds.Note that projects such as major and minor development that
are already subject to public notice and opportunity for appeal would not be exempt from notice/appeal
regardless of their retention percentages.
Key Issues Addressed:
• Creating tree preservation incentives
• Evaluating appeals process to reduce delays and conflicts between groups
• Streamlining tree permitting processes
LOC § 55.02.084. Mitigation Required. [Ord. No. 2221, Added, 1-18-2000; Ord. No. 2260,
Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended,
7-29-2014; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord.
No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2811,
Amended, 1-2-2019; Amended, 12-3-2024 by Ord.No. 2954]
1. An applicant shall provide mitigation for any tree permitted for removal,with the exception of the
following:
a. Dead, declining,or EAB susceptible trees;except as provided in subsection(2)of this section;
b. Hazard trees;except as provided in subsection(2)of this section;
c. Emergency trees;
d. Trees Fruit trees that are removed under a Type I permit;
e. Invasive tree species, except as provided in subsection(2)of this section;
f. Tree removal under an approved minor forest management permit pursuant to LOC
§ 55.02.072;restocking may be required for a major forest management permit under LOC
§5.02.072(4);
g. When part of a resource enhancement project, the species, number, and size of mitigation
trees shall follow the resource enhancement plan approved under LOC
§ 50.05.010(5)(c)(iii)(7)or 50.05.010(6)(c)(ii)(1)(f).
2. Mitigation for the removal of trees with known emerald ash borer infestation under a dead, declining,
or EAB susceptible tree removal permit,hazard,or for invasive tree species removal permit is
required when:
a. The removal is from a public right-of-way and replanting is recommended by the Public Works
Director;
b. The removal is from an RP or RC district,or HBA protection area, except as approved as part of a
29
resource enhancement project; or
c. The tree was planted as part of a previously approved mitigation plan or landscaping.
Item 39 Summary
Applies current tree replacement requirements for invasive trees to dead, declining, and EAB susceptible tree
removals, and hazard tree removals in the following situations:
1) in public right-of-way(e.g. street trees),
2) in sensitive lands, and
3) when the removed tree was part of an approved plan(e.g. a parking lot tree).
Requires replacement for all Type I removals except fruit trees. Emergency tree removals do not require
replacement.
Key Issues Addressed: Requiring mitigation trees for more tree removal permit types
3. Mitigation shall be required for any tree removal in violation of the Tree Code, excluding trees removed
without permit by topping.
4. The mitigation requirement shall be satisfied as listed below.Except where subsection 4.sd of this
section applies, a mitigation plan shall be submitted showing the location, size, and species of
mitigation trees and other plants,or in the case of large forested tracts,restocking of any new trees to
replace the trees to be removed. Trees shall be planted according to the specifications in the City
Tree Planting and Maintenance Guidelines as approved by the City Council.
Item 40 Summary
This technical amendment is required to allow mitigation of tree removal with native plants in certain cases
as detailed in subsection 4.c below.
Reference is made to the City Tree Planting and Maintenance Guidelines which apply to the planting of
mitigation trees.
Key Issues Addressed: Providing mitigation alternatives (e.g. invasive removal,native shrubs, etc.)
a. Replanting on Site. The applicant shall plant, for each tree removed:
i. Dead,Declining, or EAB Susceptible,Hazard, and Invasive Tree Species Removal
Permit. Removal from a public right-of-way or from an approved landscape plan, either a
minimum one-and-one-half-in. caliper deciduous tree(measured six in. above the root ball)
or a minimum six-ft.-tall evergreen tree for each tree removed. Removal from a Resource
Conservation or Resource Protection overlay district,or Habitat Benefit Protection Area,
either a minimum one-half in. caliper deciduous tree or a minimum two-ft.-tall evergreen
tree,selected from the Native Mitigation Tree List,shall be replaced within a Resource
Conservation or Resource Protection overlay district,or Habitat Benefit Protection Area.
ii. Type II Permit. Either a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall
evergreen tree for each tree removed.Mitigation f r the r a' ef- mative tree o„ the
City's Master Plant List shall be with a species from the Native Mitigation Tree List
[Appendix 55.02 1].
30
iii. Other Tree Removal Permits.Either a minimum one-and-one-half-in. caliper
deciduous tree or a six-ft.-tall evergreen tree for each tree removed. Mitigation for the
removal of a native tree shall be with a species from the Native Mitigation Tree List
from same or greater height category as the removed tree.
iv. Native Tree Replacement.Mitigation for the removal of a native tree on the City's
Master Plant List or Oregon ash(Fraxinus latifolia)shall be with a species from the
Native Mitigation Tree List from the same or greater height category as the removed tree
except Oregon ash may be replaced with a tree from any height category on the Native
Mitigation Tree List.
v. Exceptions:
A. Exception: Removal of a tree identified as a significant tree for development purposes
approved under LOC 55.02.080 shall require two minimum one-and-one-half-in.
caliper deciduous trees(measured six in. above the root ball) or six-ft.-tall evergreen
trees for each tree removed.
B. Exception: If tree removal is for the landscaping purpose of thinning to improve the
health of other trees approved under LOC § 55.02.080(1)(a),mitigation shall be
reduced to the extent there is insufficient space to replant elsewhere on the site and
maintain tree health.
C. If the tree removal includes a contiguous row of Leyland cypress(x Cupressocvparis
levlandii)with an average spacing of less than 30 feet on center,only one one-and-
one-half-in.caliper deciduous tree or six-ft.-tall evergreen tree for every 30 linear
feet of the contiguous row is required.
D. If in the City's determination there is insufficient available space on the subject
property for a replacement tree from the Native Mitigation Tree List from the same
or greater height category,the replacement tree may be selected from a shorter
height category from the Native Mitigation Tree List.
iv. Other Tree Cutting Permits. E
tree or a six ft. tall evergreen tree for each tree removed. Mitigation for the removal of a
native tree shall be with a native species.
The tree shall be planted according to the specifications in the City Tree Planting and
Maintenance Guidelines as approved by the City Council.
Item 41 Summary
• Require mitigation plantings for trees removed from sensitive lands to be planted in sensitive lands.
• Requires native species to be replaced by native species of equal or greater height.
• Allows for reduced replacement of Leyland cypress hedge rows when spacing of permitted trees is at
less than 30 feet on center.
• Reorganizes replanting requirements and exceptions for ease of code use.
Key Issues Addressed:
• Requiring mitigation trees for more tree removal permit types
31
• Codifying requirement to plant large stature mitigation trees where possible
• Explore options for simplifying processes to remove Leyland cypress and consider mitigation
requirements when dense rows of Leylands are permitted for removal
• Requiring mitigation in sensitive lands for tree removals in sensitive lands
b. Replanting off Site.If in the City's determination there is insufficient available space on the subject
property,the replanting required in this section may occur on one other property in the applicant's
ownership or control within the City, or in an open space tract that is part of the same
subdivision,upon approval of the property owner. The City may specify the species and size of the
tree.
Item 42 Summary
For offsite tree mitigation,the applicant may choose only one other property for planting to reduce City staff
time and logistical challenges with inspecting multiple properties.
General Technical Revision, no key issues addressed.
c. Removal of Invasive Plants for City Projects.As an alternative to mitigation by planting
replacement trees,City projects may remove invasive herbaceous plants,vines, or grasses
listed in LOC §50.11.004 Appendix D from within a Resource Conservation or Resource
Protection overlay district, or Habitat Benefit Protection Area as follows:
i. For each tree removed, 100 square feet of invasive plant removal is required;
ii. The invasive plant removal area shall be replanted with native tall shrubs/small trees,
low shrubs, herbaceous flowering plants, grasslike plants, and ferns listed in LOC
50.11.004 Appendix D as follows:
A. Shrubs shall be planted at a rate of five shrubs for every 100 square feet with
fractional results rounded to the nearest whole number;
B. Shrubs shall be in at least a one-gallon container or the equivalent in ball and
burlap and shall be at least 12 inches in height;
C. Shrubs shall be planted between four and five feet on center, or clustered in single
species groups of no more than four plants,with each cluster planted between
eight and ten feet on center;
D. Shrubs shall consist of at least two different species;
E. Bare ground shall be planted or seeded with native herbaceous flowering plants,
grasslike plants, and ferns listed in LOC § 50.11.004 Appendix D;
F. Except as approved by the City Manager,planting shall occur between October 15
and April 30. The City Manager may approve a different planting schedule where
the applicant has demonstrated that it will provide for the same or greater
survival rate of shrub plantings;
G. Plantings shall be inspected and subject to review and approval by the City
Manager according to the schedule approved with the mitigation plan provided by
32
the applicant. Plants that die during the monitoring period must be replaced in-
kind to the extent necessary to meet the required survival rate specified by the
mitigation plan;
H. Mulch new plantings a minimum of three inches in depth and 18 inches in
diameter to retain moisture and discourage weed growth;
I. Water new plantings one inch per week,between June 15 and October 15,through
the duration of the monitoring period; and
J. Remove or control invasive or noxious vegetation throughout the maintenance
period.
iii. Mitigation according to this subsection shall be in addition to the requirements of LOC
50.05.010.
d. Payment in Lieu of Planting.If in the City's determination no feasible alternative exists to plant the
required mitigation,the applicant shall pay into the tree fund an amount as established by resolution of
the City Council.
Item 43 Summary
This mitigation amendment allows tree mitigation for City projects to occur through the removal of invasive
plants and planting native plants in sensitive lands areas. The City has expertise in managing these types of
restoration projects so there will be limited enforcement issues. This will also reduce barriers to the City
removing invasive trees and EAB susceptible trees(including removing these tree types for wildfire risk
reduction) since mitigation can be provided in alternative ways. This option could be used by the City as part
of their programmatic permits. The standards are the same as the invasive plant removal and native plant
replacement standards in LOC § 50.05.010.
Note that the fee in lieu of tree planting is adopted by City Council as part of a separate process. However,
the review bodies will need to provide a recommendation to City Council regarding an appropriate fee
considering that tree mitigation planting is proposed to apply to more tree removal types.
Key Issues Addressed:
• Providing mitigation alternatives(e.g. invasive removal,native shrubs, etc.)
• Updating mitigation fees and planting inspection requirements
• Assessing tree regulations to support wildfire-resistant landscaping
• Creating programmatic permit process for public agencies and utilities
• Reducing barriers to ash tree removals in preparation for EAB
5. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees.
LOC § 55.02.085. Request for Public Hearing on a Type II Tree CHtting Removal Permit. [Ord.
No.2097, Enacted, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended,
9-5-2000; Ord. No. 2458, Amended, 5-16-2006; Ord. No. 2614, Amended, 2-19-2013; Ord.
No. 2721, Amended, 7-19-2016; Ord. No. 2811, Amended, 1-2-2019; Ord. No. 2917,
Amended, 12-20-2022]
1. The applicant,neighborhood association,or any person who submitted written comments may request a
33
hearing on a Type II tree cutting removal permit following issuance of the tentative decision by filing a
written request for hearing,along with the applicable hearing fee as established by resolution of the City
Council,with the City Recorder,within seven days of the date the notice of tentative decision was given
pursuant to LOC § 55.02.082. Failure to file within the seven-day period shall preclude such a request.
2. Requests for hearing shall be heard by the Development Review Commission(DRC)a hearings officer
appointed by the City Council(hearings officer),which shall hold a public hearing on the request.
The City shall send notice of the hearing to the applicant,the recognized neighborhood association for
the area in which the subject property is located, and to any person who submitted written comments.
The notice shall be sent at least ten days in advance of the hearing.
3. The DRC hearing procedures shall be as follows:
a. The DRC hearings officer shall hear testimony from the applicant, followed by those in favor of
the application,those opposed to the application(beginning with the person who requested the
hearing if different from the applicant), and concluding with rebuttal by the applicant;
b. Any person may testify before the DRC hearings officer; and
c. Except as provided in subsection 3.a of this section,the hearing shall be conducted in the same
manner as provided in LOC § 50.07.003.4.a.i through x, and 4.b through e.
Following the close of the public testimony,the DRC hearings officer shall determine,based upon the
evidence and testimony in the record,whether or not the application complies with the criteria contained in
LOC § 55.02.080. The findings,conclusions, and order shall contain the DRC hearings officer's reasons for
approving,approving with conditions, or denying the permit. The decision of the hearings officer shall be
final.
'1. A decision of the DR
Any person who appeared before the DRC either orally or in writing may appeal the decision of the
DRC t„the City Council by fling . ritren notice of;ntent to . ea ..long with an appeal fee as
established by resolution of the Council,with the City Recorder within ten days of the date of adoption
of the DRC's written findings, conclusions and order. The findings, conclusions,and order and minutes
of the DRC's meeting, along with any written staff reports or testimony, shall be forwarded to the City
Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council
the record established before the DRC and only persons who appeared before the DRC orally or in
writing may testify. The Council's hearing shall follow the same procedures set forth in LOC §
to the appeal hearing is three days), (7)(h)through(1), (7)(m) (except any land use review deadline is
Item 44 Summary
• Updates terminology for clarity and consistency.
• Changes the review body for Type II tree removal permits from DRC to a Hearings Officer appointed
by City Council. This allows for more flexible and timely scheduling of hearings.
• The hearings officer would have the final decision on appeals instead of the City Council. This
reduces the appeal timeline by removing a second round of appeals.
34
Key Issues Addressed:
• Evaluating appeals process to reduce delays and conflicts between groups
LOC § 55.02.090. (Reserved) [Repealed by Ord.No. 1807,9-15-1981]
LOC § 55.02.092. Expiration of Tree Cutting Removal Permits. [Ord.No.2221,Added, 1-18-2000;
Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2664,
Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2854, Amended,
11-3-2020]
1. Dead, declining,or EAB susceptible,hazard, emergency,and invasive tree species removal permits
shall have no expiration date.
2. A properly issued tree removal cutting permit,other than a dead,declining or EAB susceptible
hazard, emergency,or invasive tree species removal permit and forest management permit, shall
remain valid:
a. For tree cutting removal permits issued in conjunction with a development permit or building
permit, for the duration of the development permit or building permit; or
b. For other than subsection 2.a of this section, for no more than 960 days from the date of issuance
or date of final decision by a hearing body,if applicable. A 360-day extension shall be
automatically granted by the City Manager if requested in writing before the expiration of the
permit.No additional extensions beyond the first extension shall be granted.
Permits that have lapsed are deemed void. Trees removed after a tree cutting removal permit has
expired shall be considered a violation of this chapter.
3. A minor forest management permit shall remain valid for no more than 180 days from the date of
issuance.
4. A major forest management permit shall remain valid for the period specified by the approved forest
management plan, except as required under subsection(5)of this section.
5. Minor and major forest management permits automatically expire upon approval of an application for a
land division or development on the tract subject to forest management activities such that the tract
would no longer meet the criteria for a large forested tract.
6. A programmatic permit shall remain valid for the period specified by the approved
programmatic permit,but not more than five calendar years following the date of permit
approval.
7. Tree permit applications that contain incomplete or missing information including but not limited
to tree species,sizes,conditions,locations, reasons for removal, adequate approval criteria
findings,fee payments, and public notice posting shall be deemed void if the applicant fails to
provide additional information within 60 days from the date City staff requests the additional
information from the applicant.
Item 45 Summary
• Updates terminology for clarity and consistency.
35
• Removes expiration for hazard and emergency tree removal permits to allow for common scheduling
delays (such as due to extreme weather events).
• Expiration of other tree permits is modified to be effective longer,and have a shorter application
extension period,while maintaining the total 120 day time limit. Allows greater flexibility for
scheduling tree removals without requiring a permit extension.
• Creates the expiration of programmatic permits for public agencies and utilities.
• Allows tree removal applications to expire when applicants are non-responsive to City requests for
information for more than 60 days.
Key Issues Addressed:
• Allowing permit application expiration when no communication from applicants
• Removing expiration dates for hazard tree removal permit approvals
• Creating programmatic permit process for public agencies and utilities
LOC § 55.02.094. Conditions of Approval for Tree Cutting Removal Permits. [Ord. No. 2221,
Added, 1-18-2000; Ord.No.2721,Amended,7-19-2016; Amended, 12-3-2024 by Ord.No.2954]
1. The reviewing authority may impose conditions of approval on any tree cutting removal permit if the
condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential
impact on natural features or processes or on the built environment of the neighborhood which is as
created or contributed to by the approved tree removal.
2. Conditions of approval may include,but are not limited to:
a. Cutting a tree or stump flush with the grade instead of grinding or fully removing a stump;
b. Requiring modifications in the location,design or intensity of a development or activities on a site
or to require or prohibit certain construction methods;
c. Requiring vegetation not requiring a tree removal permit to remain in place or be planted;
d. Requiring the removal of injurious vegetation(e.g.,English Ivy)from other trees on the property.
e. Avoiding removal of ash(Fraxinus spp.),white fringetree(Chionanthus virginicus)and cultivated
olive(Olea europaea)tree species unless necessary during the emerald ash borer(EAB)active
period of April 1-September 30 to prevent the spread of live insects.
f. Disposing of ash, fringetree and olive wood in accordance with guidelines established by the
Oregon Depai lment of Agriculture.
g. Requiring mitigation planting of specific species or requiring planting in accordance with
approved landscape or mitigation plans.
3. A permit obtained for tree removal shall not authorize topping unless said tree removal permit
specifically authorizes such action or the applicant has notified the City that the tree will be
topped solely for snag creation.
Item 46 Summary
• Relocates from LOC § 55.02.042.8 the provision that topping is not allowed with a tree removal
permits unless specifically made a condition of approval.Also allows applicants to top trees
36
permitted for removal to create wildlife snags. The relocation to this subsection of the code is to
increase the visibility of the topping provision as it relates to conditions of approval.
• Clarifies the City can require conditions of approval for specific tree species for mitigation.
• Updates terminology for clarity and consistency.
General Technical Revision, no key issues addressed.
LOC § 55.02.100. through§ 55.02.120. (Reserved) [Repealed by Ord.No. 1807, 9-15-1981]
LOC § 55.02.125. Evidence of Violation. [Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended,
12-20-1994; Ord.No.2221,Amended, 1-18-2000; Ord.No.2721,Amended,7-19-2016]
1. If a tree is removed without a tree cutting removal permit, a violation shall be determined by
measuring the stump.A stump that is eight caliper in.or more in diameter shall be considered prima facie
evidence of a violation of this chapter.
2. Removal of the stump of a tree removed without a tree cutting removal permit prior to the
determination provided in subsection(1) of this section is a violation of this chapter.
3. Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the
owner of the property upon which the violation was committed. Prosecution of or failure to prosecute
the owner shall not be deemed to relieve any other responsible person.
4. Tree removal caused by natural weather conditions shall not be deemed a violation of this chapter and
shall be exempt from all penalties set forth in LOC § 55.02.130.
LOC § 55.02.130. Violations. [Ord.No. 1429, 5-18-1971; Ord.No. 1880,2-7-1984; Ord.No. 2059,
6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000;
Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2316,
Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579, Amended,
3-20-2012; Ord. No. 2664,Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord
No. 2721,Amended, 7-19-2016; Amended, 12-3-2024 by Ord.No. 2954]
1. Civil Violation.A violation of any provision of this chapter, or the breach of any condition of a permit
granted under this chapter by the applicant or successor holder of an interest in the real property that is
the subject of the application and permit shall be a civil violation as defined by LOC § 34.04.105,
enforceable pursuant to LOC Article 34.04. The unlawful removal of each individual tree shall be a
separate offense hereunder.Failure to comply with the provisions of this chapter or a condition of
approval shall be a separate offense each day the failure to comply continues. The violation shall be
punishable by a fine set forth by the municipal court and the enforcement fee and restoration
requirements as set forth in subsections(3)and(4)of this section.
2. Nuisance Abatement. The removal of a tree in violation of this chapter is hereby declared to be a public
nuisance,and may be abated by appropriate proceedings pursuant to LOC Article 34.08.
3. Enforcement Fee.A person,including an applicant or successor holder of an interest in the real
property,that removes a tree without first obtaining a tree cutting removal permit from the City
pursuant to this chapter,removes a tree in violation of an approved tree cutting removal permit, or
violates a condition of an approved tree cutting removal permit shall pay an enforcement fee to the
37
City in an amount as established by resolution of the City Council.
4. Restoration.
a. A person,including an applicant or successor holder of an interest in the real property,that
removes a tree without first obtaining a required tree cutting removal permit from the City
pursuant to this chapter,removes a tree in violation of an approved tree cutting removal permit,
or violates a condition of such a permit shall pay into the City's tree fund a standard fee per caliper
inch for the total number of caliper inches of the tree removed in violation of this chapter in an
amount as established by resolution of the City Council.
Item 47 Summary
Updates terminology for clarity and consistency.
General Technical Revision,no key issues addressed.
b. The City may require the person to pay into the City's tree fund an increased fee per caliper inch
for the total number of caliper inches of the tree removed in violation of this chapter in an amount as
established by resolution of the City Council or the value of the tree as determined by an arborist in
accordance with the methods set forth in the"Guide for Plant Appraisal," an official publication of
the International Society of Arboriculture,whichever is greater, if any of the following apply:
i. The person has committed a previous violation of a provision of this chapter, or
ii. Tree protection measures as required by LOC Article 55.08 were not installed or maintained,
or
iii. The tree removed was any of the following:
A. Thirty-six in. (caliper) in diameter or greater,
B. A Bheritage Thee,per LOC Article 55.06,
C. Expressly protected or required to be preserved as a condition of approval of any permit
pursuant to the Lake Oswego Community Development Code,or this Tree Code,
D. Located within the Willamette River Greenway per LOC § 50.05.009,
E. Part of an RP or RC district, or HBA protection area,per LOC § 50.05.010,
F. Located on public right-of-way,City-owned or dedicated property,a public or private
open space area or conservation easement.
5. Injunction.Upon request of the City Manager or direction from Council,the City Attorney may institute
appropriate action in any court to enjoin the removal of trees in violation of this chapter.
6. Loss of City Privileges.
a. A person hired to perform tree removal within the City,upon request, shall provide evidence to the
City Manager of a valid license to conduct business in Lake Oswego. The person is subject to
business license revocation pursuant to LOC § 20.02.085 if the person violates any provision of
this chapter.
38
b. Any arborist,builder,landscaper,contractor,or tree service that has performed any tree removal in
violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall
not be considered a responsible bidder for any City contracts for a period of two years from the
date of violation or report.
7. Arborist Report and Required Treatment. Upon request by the City,a person who violates any provision
of this chapter shall submit a report prepared by an arborist or qualified forest management
professional, as applicable,to evaluate the damage to a tree and/or make recommendations to remedy
the violation.The City upon evaluating these recommendations may, at the City's discretion,require
that the recommended measures be implemented.
8. Cumulative Remedies. The rights,remedies, and penalties provided in this chapter are cumulative, are
not mutually exclusive,and are in addition to any other rights,remedies and penalties available to the
City under any other provision of law.
///
TREE CODE
55 Attachment 1
City-of Lake-Gsivege-Appendix-5&02-1
fora No 2 7^72 A d e4 2 6 201 8; Or No 830 A... ..a a 1 n 201 n7 i ESS TH A N
50 FT(15 M)HICH
CONIFERS
Baker Cypress,Modoc Cypress(Cupressus bakeri)western
juniper(Juniperus occidentalis)
Rocky mountain juniper(Juniperus scopulorum)whitebark
pine(Pinus albicaulis)
knobcone pine(Pinus attcnuata)
shore pine(Pinus contorta var.contorta) limber
pine(Pinus flexilis)
Pacific or western yew(Taxus brevifolia)
DECIDUOUS
Pacific dogwood(Cornus nuttallii) [Note:Acceptable disease(anthracnose) resistant cultivar substitutes:
Starlight®dogwood(Cornus kousa x nuttallii Starlight'),Venus®dogwood(Cornus kousa x
White Wonder).}
Douglas hawthorn(Crataegus douglasii)
Oregon crabapple,Pacific crabapple(Malus fusca)bitter cherry
(Prunus cmarginata)
cascara,chittam,cascara buckthorn(Rhamnus purshiana)Pacific willow
(Salix lasiandra)
Scouler's willow(Salix scoulcriana) Sitka willow
(Salix sitchcnsis)
50 75 FT(15 23 M)HICH
CONIFERS
39
subalpine fir,Rocky Mountain fir(Abics lasiocarpa)
Port Orford cedar,lawson falsecypress(Chamaecyparis lawsoniana) [Note: acceptable disease
(Phytophthora lateralis) resistant cultivar if no height requirement of greater than 30 ft.: silver queen Port
Orford cedar(Chamaecyparis lawsoniana `Silver Queen').}
Brewer spruce(Picea brewcriana)
DECIDUOUS AND*BROAD LEAVED EVERGREEN
white alder(Alnus rhombifolia)red alder
(Alnus rubra)
paper birch(Betula papyrifcra)
narrowleaf cottonwood(Populus angustifolia) quaking aspen
(Populus tremuloidcsLAKE OSWEGO CODE
*canyon live oak(Quercus chrysolcpis) Oregon
white oak(Quercus garryana) California black
oak(Quercus kelloggii)
75 100 FT(23 30 M)HICH
CONIFERS
incense cedar(Calocedrus decurrens)
spruce(Picea engelmannii)
lodgepole pine(Pinus contorta var. latifolia)mountain
hemlock(Tsuga mcrtensiana)
DECIDUOUS AND*BROAD LEAVED EVERGREEN
bigleaf maple(Accr macrophyllum)
*Pacific madrone(Arbutus menzicsii)
*tanoak(Lithocarpus densorus)
*Oregon myrtle, California bay(Umbcllularia californica)
MODE THAN 100 FT«n M)HICH
CONIFERS
Pacific silver fir(Abics amabilis) white fir
(Abies concolor)
grand fir(Abics grandis) California red fir
(Abics magnifica)noble fir(Abics proccra)
western larch(Larix occidentalis) Sitka
spruce(Picea sitchensis)Jeffrey pine
(Pinus jeffrcyi)
sugar pine(Pinus lambertiana)western white
pine(Pinus monticola)
Willamette Valley ponderosa pine(Pinus ponderosa var. willamcttensis)Douglas fir
(Pscudotsuga mcnzicsii)
coast redwood(Sequoia sempervirens)western red
cedar(Thuja plicata)western hemlock(Tsuga
heterophylla)
DECIDUOUS AND*BROAD LEAVED EVERGREEN
*golden chinkapin(Chiysolcpis chrysophylla)black
cottonwood(Populus trichocarpa)
40
Item 48 Summary
• Native mitigation tree list is proposed to be removed from the code so it can be more easily updated
by the Planning Department as new tree species information is available.
• The native mitigation tree list has been updated to include native fire resistant, shade tolerant,
drought tolerant, and Oregon ash substitute species.
Key Issues Addressed:
• Updating tree mitigation and planting lists
///
ARTICLE 55.08
Tree Protection
///
LOC § 55.08.020. Tree Protection Plan Required. [Ord. No. 2221, Added, 1-18-2000; Ord. No.2721,
Amended, 7-19-2016; Ord.No. 2830,Amended, 10-1-2019]
1. A tree protection plan approved by the City Manager is required prior to conducting development
activities in a development area.
2. An applicant shall submit to the City Manager the following:
a. A scaled site plan that includes the following:
i. The development area(s);
ii. Location, species,diameter at breast height(DBH),and crown radius for each tree that has
tree canopy located over development area(s);
iii. Location of the tree protection zone of each tree;
iv. Location of existing and proposed roads, stormwater structures,water and sewer
lines/laterals,irrigation, and other utility lines/facilities and easements;
v. Location of stormwater facilities;
vi. Location of proposed and existing structures;
vii. Grade change or cut and fill proposed for the development;
viii. Existing and proposed impervious surfaces; and
ix. Identification of trees proposed or approved for removal;
b. Identification of a person who will be responsible for implementing and maintaining the approved
plan, and contact information for the person;
c. When an arborist is used to establish(or with City approval alter)a tree protection zone,
identification of the project arborist,and contact information for the arborist;
d. Location and type of proposed tree protection measures to be installed including the horizontal
distance of tree protection fencing from the face of each tree trunk(or group of trees) on each side;
e. An inventory of all trees on site,their health or hazard condition,prepared by a certified arborist;
41
f. When a tree protection zone is altered upon recommendation by a certified arborist,the specific
proposed tree protection measures for the tree,including recommendations for protection action
for each tree. The City Manager may waive one or more of the requirements listed in subsections
(2)(a)through(e) of this section based upon the scope of proposed development activities or site-
specific circumstances.
3. The City Manager may impose conditions of approval on any plan if the condition is reasonably related
to preventing, eliminating or mitigating injury or damage to trees protected per the plan that is created or
contributed to by the approved development activity. Conditions of approval may include,but are not
limited to:
a. Requiring a report from a certified arborist outlining the protection measures proposed to prevent
and/or limit tree damage or injury from development activities, and requiring compliance with
the protection measures in the report;
b. Requiring review and approval from a certified arborist for any proposed landscaping,
paving,construction,excavation, grading,fill,irrigation, utilities,materials storage,
construction access, or other disturbances within a tree protection zone;
c. Requiring tree mitigation required by LOC Article 55.02 to be installed in accordance with
the provisions of LOC § 50.05.010 when mitigation is required by LOC § 50.05.010;
d. b,Requiring oversight by a certified arborist of all development activities outside the location of
approved tree protection fencing and within the greater of(i)the edge of the dripline(including
trees where the canopy extends onto the development area from abutting properties),or(ii)one-ft.
protection radius per inch of trunk DBH of the tree to preserve its health or long term viability;
e. e Requiring status reports from a certified arborist documenting,with text and photographs, each
visit made to the development area(s),the condition,reinstallation,and effectiveness of the tree
protection measures,the number, size and actions taken when roots are encountered, and
recommendations for tree health and protection actions;
f. Requiring site visits and status reports from a certified arborist when follow-up inspections are
needed to document approved changes in tree protection measures;
g. Requiring regular and ongoing maintenance of tree protection measures to ensure their
continued effectiveness;
h. Requiring specific soil treatment measures,including but not limited to,measures to prevent,
limit,or mitigate soil compaction or contamination in tree protection zone(s),supplemental
irrigation in tree protection zone(s)to ensure trees receive adequate water during development
activities,and measures such as installation of mulch or similar treatments in tree protection
zone(s)to prevent excessive soil moisture loss or erosion during development activities;
i. Requiring trunk protection measures,including but not limited to,the use of two-by-four inch
lumber strapped to the trunk with padding or the use of plywood sheets to protect tree trunks
from damage;
j. E Limiting material transport to hand work only;
42
k. Limiting excavation to hand digging only within tree protection zone(s);
1. e,Use of a pier and grade beam design,or other techniques to protect tree roots;
m. 4 Limiting excavation depth for pathways, sidewalks,driveways,etc.,to the removal of the
vegetative layer only,with the construction subgrade built up from native grade;
n. g Requiring a report from a certified arborist of likely tree damage or injury resulting from changes
in hydrology;
o. la,Phasing construction or demolition to limit damage or injury to trees, such as requiring existing
asphalt or concrete to remain in place until near the end of work;
p. i Limiting the type and location of permanent irrigation beneath mature tree species;
q. Requiring pruning before,during,or after construction to be completed in a manner that is
consistent with the most recent editions of the American National Standards Institute A300
Part 1: Tree,Shrub,and Other Woody Plant Management—Standard Practices(Pruning)and
the companion International Society of Arboriculture Best Management Practices for
Pruning;
r. j-Requiring the applicant and the arborist, if required,to suspend development activities when
those activities are likely to cause the tree to decline or die,or to cause the tree to become
physically unstable or a hazard; and
s. lc,Waiving the requirement of tree protection fencing when impractical, e.g., access constraints,
type of development, limited development.
4. The City Manager shall inspect the installed tree protection measures, and upon approval of their
installation,the plan will be issued.
Item 49 Summary
These technical amendments were requested by the City's Code Enforcement team to codify current tree
protection requirements that align with International Society of Arboriculture Best Management Practices.
Also requires tree mitigation required by LOC Article 55.02 to be installed in accordance with the provisions
of LOC § 50.05.010 when mitigation is required by LOC § 50.05.010.
Key Issues Addressed:
• Providing tree protection regulation enforcement updates
• Updating mitigation fees and planting inspection requirements
LOC § 55.08.030. Tree Protection Measures Required. [Ord.No. 2221,Added, 1-18-2000; Ord.No.
2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2830,
Amended, 10-1-2019]
1. Except as otherwise determined by the City Manager, all required tree protection measures set forth in
this section shall be instituted prior to any applicable development activities.
2. Protective metal fencing, a minimum of four ft.tall with steel posts placed no farther than eight ft. apart
43
and anchored a minimum of two ft. into the ground, shall be installed(unless waived by condition).
Fence panels may be used if the base of each panel is anchored a minimum of two ft.into the ground
with a metal post attached to the fence.This fencing shall be installed at:
a. The edge of tree protection zone(s)within the development area(s); or
b. The boundary of any open space tracts, sensitive lands,or conservation easements that abut the
development area(s).
3. The fencing shall be flush with the initial undisturbed grade.
4. The applicant shall obtain the tree protection sign template from the City and attach laminated sign(s)to
the protection fencing on a minimum of every third fence section/panel.
5. Additional tree protection measures conditioned by the City Manager pursuant to LOC
55.08.020(3)shall be installed as specified by the certified arborist or condition of approval;
Item 50 Summary
This technical amendment allows the City to require tree protection measures in addition to tree protection
fencing which include but are not limited to trunk protection, soil compaction prevention,hand digging, etc.
Key Issues Addressed: Providing tree protection regulation enforcement updates
6. Protection fencing and other protection measures shall only be removed after the lattermost of the
following, as applicable:
a. Installation of utilities and stormwater improvements;
b. Construction of the driveway/access lane; and
c. Completion of the exterior building walls,e.g.,siding,painting,etc. (Protection fencing is typically
removed at the time of landscaping.)
LOC § 55.08.040. Inspection. [Repealed by Ord.No.2830, 10-1-2019]
LOC § 55.08.045. Evidence of Violation. [Ord.No.2830,Added, 10-1-2019]
Proof of a violation of this article,or approval issued or granted hereunder,shall be deemed prima facie
evidence that such violation is that of the owner of the property upon which the prohibited activities exist.
Prosecution, or lack thereof, of the owner of the property,the occupant, or other person in possession or
control of property shall not be deemed to relieve any other responsible person.
LOC § 55.08.050. Penalties. [Ord. No. 2721, Added, 7-19-2016; Ord. No. 2830, Amended,
10-1-2019]
1. Civil Violation.A violation of any provision of this article,or the breach of any condition of a plan
created pursuant to this article,shall be a civil violation as defined by LOC§ 34.04.105,enforceable
pursuant to LOC Article 34.04.Failure to comply with the provisions of this article or a condition of
approval shall be a separate offense each day the failure to comply continues.Any prohibited activity
that damages or injures a tree or causes a tree removal shall be a separate violation for each tree
44
damaged or;injured, or removed. The violation shall be punishable by a fine set forth by the Municipal
Court and the enforcement fee.(If a tree removal occurs due to the violation,the removal would be
enforced by LOC Article 55.02.)
2. Tree Removals.LOC Article 55.02 applies to any prohibited activity under this article that
removes a tree or necessitates a tree removal.
3. 2 Nuisance Abatement. The damage,injury or removal of a tree in violation of this article is hereby
declared to be a public nuisance,and may be abated by appropriate proceedings pursuant to LOC
Article 34.08.
4. 3-Enforcement Fee.
a. A person who violates a provision of this article or a condition of a tree protection plan shall pay
an enforcement fee to the City in an amount as established by resolution of the City Council.
b. Enhanced Enforcement Fee. The City may require the person to pay into the City's tree fund an
increased fee for the tree damaged or injured in violation of this article in an amount as established
by resolution of the City Council if any of the following apply:
i. The person has committed a previous violation of a provision of this article; or
ii. The tree damaged or injured was any of the following:
A. Thirty-six in. DBH or greater;
B. A Hheeritage Thee,per LOC Article 55.06;
C. Located within the Willamette River Greenway per LOC § 50.05.009;
D. Part of an RP or RC district, or HBA protection area,per LOC § 50.05.010; or
E. Located on public right-of-way,City-owned or dedicated property,a public or private
open space area or conservation easement.
5. 4.Arborist Report and Required Treatment. Upon request by the City Manager, a person who violates
any provision of this article shall submit a report prepared by a certified arborist to evaluate the damage
or injury to a tree and make recommendations to mitigate the damage or injury. Upon the City
Manager's evaluation and approval of the mitigating measures,the person shall implement the
mitigating measures as directed by the City Manager. Failure to implement the mitigating measures as
directed by the City Manager is a separate offense as to each mitigating measure not implemented.
6. 5,Cumulative Remedies. The rights,remedies, and penalties provided in this article are cumulative, are
not mutually exclusive, and are in addition to any other rights,remedies and penalties available to the
City under any other provision of law.
Item 51 Summary
Technical edits to clarify enforcement provisions.
Key Issues Addressed: Providing tree protection regulation enforcement updates
45
COMMUNITY DEVELOPMENT CODE (LOC CHAPTER 50)
TREE REGULATION AMENDMENTS
///
LOC § 50.05.009. Greenway Management Overlay District.
1. Purpose,Application.
[Ord.No. 2579,Repealed and Replaced,3-20-2012]
a. Purpose.The purpose of the Greenway Management Overlay District(GM)is the following:
i. To protect the natural,scenic and recreational qualities of lands along the Willamette
River in Lake Oswego;
ii. To preserve and allow for the restoration of historical sites, structures,and facilities
along the Willamette River;
iii. To implement the goals and policies of the State of Oregon's Willamette River Greenway
Program;
iv. To implement the goals and policies of the Lake Oswego Comprehensive Plan Greenway
Element;
v. To establish standards and requirements for the use of lands within the Willamette River
Greenway Compatibility Review Boundary in Lake Oswego; and
vi. To provide for the review of any intensification of use,change of use, or development on
properties located within the GM Overlay as indicated on the official zoning map.Uses of
the land and water not compatible with the Greenway and not provided for in this Code
shall be prohibited within the GM Overlay.
b. Overlay Boundary.This overlay district establishes the Greenway Compatibility Review
Boundary and is intended to superimpose additional protection and regulation upon property
which may alter the requirements of the underlying zone. The boundary extends 150 ft.
shoreward from the ordinary low waterline of the Willamette River and to those areas within
the river that are within the Lake Oswego City limits.
c. Applicability. The provisions of this section shall apply to lands in the Willamette River
Greenway Compatibility Review Boundaries in Lake Oswego in addition to any standards and
requirements of the primary zoning district to which this designation may apply.Nothing in
this section shall be construed to constitute a waiver or suspension of the provisions of any
zoning district within the GM Overlay. In the case of any conflict between the provisions of this section and
the provisions of any other section of this Code,the more restrictive provisions shall apply.
2. Development Review.
[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord.No. 2526,Amended, 12-18-2012]
a. All development within the GM Overlay District shall be reviewed pursuant to the provisions in
LOC Article 50.07,Review and Approval Procedures.
46
b. In reviewing applications for development in the GM Overlay District, in addition to the
requirements of LOC Article 50.07,Review and Approval Procedures,and except as provided
in subsection 2.c of this section,the reviewing authority shall determine that the following
criteria are met:
i. Significant fish and wildlife habitats will be protected.
ii. Significant natural and scenic areas,viewpoints and vistas will be protected.
iii. Areas of ecological,scientific,historical or archeological significance will be protected to
the maximum extent possible.
iv. The quality of the air and water in and adjacent to the Willamette River will be maintained
in the development,change of use,or intensification of use of land within the GM Overlay.
v. Areas of annual flooding,water areas,and wetlands will be retained in their natural state
to the maximum possible extent to provide for water retention, overflow and other
natural functions as well as protect the health, safety and welfare of the public. Areas
subject to the 100-year flood level are also regulated by the floodplain standard.
vi. The natural vegetative fringe shall be maintained to assure scenic quality,protection of
wildlife,protection from erosion and screening of uses from the river.
vii. Areas considered for development, change or intensification of use which have erosion
potential will be protected from erosion by means compatible with the natural character of
the Greenway.
viii. Any recreational needs proposed by the development will be satisfied in a manner
consistent with the natural limitations of the land.Conflicts with adjacent land uses will be
minimized.
ix. Public safety and protection of public and private property will be maintained to the
maximum extent practicable, especially from vandalism and trespass.
x. Nonwater related or dependent structures shall be located west of and no closer than 25 ft.
to the following setback lines:
(1) For property located from the northern City limits to the northern bank of Oswego
Creek(in George Rogers Park),the setback line is the contour elevation line that
establishes the Army Corps of Engineers 50-year floodplain line.
(2) For property located in George Rogers Park from the southern bank of Oswego Creek
to the southern boundary of the park,the setback line is the western edge of the
paved pedestrian path.
(3) For property located from the southern boundary of George Rogers Park to the
southern City limits,the setback line is the western right-of-way line for Old River
Road.
The Compatibility Review Boundary Line becomes the setback line at any point where the above-described
setback lines lie to the west of the Compatibility Review Boundary Line.
c. It is recognized that all of the criteria listed in subsection 2.b of this section may not be
47
applicable to every site. In some cases,the criteria may conflict on a given site. In such cases,
the reviewing authority shall balance the applicable criteria in order to protect the Willamette
River,and the resources located along its banks,from the effects of development,to the greatest
extent possible.
3. Permitted Uses.
[Ord.No. 2579,Repealed and Replaced, 3-20-2012; Ord.No. 2526,Amended, 12-18-2012]
The following uses are permitted within the GM district:
a. Activities to protect, conserve, enhance and maintain scenic,historical and natural uses on
public lands.
b. Parks and other recreational facilities,including those designated in the Comprehensive Plan.
c. Erosion control operations not requiring a permit from the Division of State Lands.
d. Tree removal that complies with an approved development permit issued pursuant to
LOC Chapter 50 or an approved tree removal permit issued pursuant to LOC Article
55.02.
Item 52 Summary
This technical amendment specifies that tree removal in the Willamette River Greenway is permitted when it
complies with an approved permit issued according to the standards of LOC Chapter 50 or LOC Article
55.02.
Key Issues Addressed: Clarifying Greenway Management tree removal requirements
e. Construction of driveways,modifications of existing structures and the construction or
placement of such accessory structures or facilities which are usual and necessary to the use and
enjoyment of existing improvements.
f. Other uses legally existing on December 16, 1982;provided,however,that any change or
intensification of such use shall require review as provided by this Code.
g. Single-family dwellings and accessory structures associated with such dwellings.
4. Willamette River Greenway Boundary.
[Ord.No. 2579, Repealed and Replaced, 3-20-2012]
The Willamette River Greenway Boundary as adopted, and as it may be amended by the Land
Conservation and Development Commission,is hereby adopted as the Greenway Boundary in the
City of Lake Oswego.
[Cross-Reference: see also underlying base zone.]
LOC § 50.05.010. Sensitive Lands Overlay Districts.
///
Generally Applicable Standards for Lands With RP Districts,RC Districts,and HBA Protection Areas.
///
48
d. Construction Standards.An owner shall submit a construction plan and narrative to the City
Manager prior to any grading,clearing,or construction on a development site which contains an RP
or RC district, or where the owner received development review approval under subsection 7 of this
section,Habitat Benefit Areas (HBA)Incentives. The construction plan and narrative shall
demonstrate that the following standards will be met:
i. RC protection areas or RC districts where no protection areas have been approved,RP
districts, and protection areas within an approved HBA development shall be protected
during construction with either:
(1) A minimum four-ft.tall chain link fencing secured with a minimum of four-ft. tall
steel posts. The fencing shall be in place and maintained for the duration of
construction. In addition,temporary signage shall be placed on the fencing which
shall clearly identify the resource district and shall state the penalty for violations of
this section; or
(2) Such alternative method to subsection 4.d.i(1)of this section that is approved by the
City Manager to demarcate and protect the RCPA or RC/RP district from the adverse
effects of construction activity upon the resources.
ii. RC protection boundaries and RP district boundaries, as applicable, shall be located and
staked by a qualified professional prior to placement of fencing and other protective
measures.
iii. Hazardous Materials. The site shall be inventoried for hazardous materials, debris and
noxious materials, and these materials shall be removed prior to the development of the
site.
iv. No construction, demolition, grading,or site clearing shall begin until after protective
measures, signs, and erosion control measures are in place and have been inspected and
approved by the City Manager and all applicable permits have been issued. Fencing and
other protective measures shall not be removed, even temporarily,without the permission
of the City Manager.
v. No stockpiling of fill materials, or parking or storage of construction equipment shall be
allowed within a resource district.
vi. When transportation facilities,pathways,utilities, or structures are approved within a
delineated RP district,they shall be constructed in such a way that a minimum of
excavation is required and so that no permanent draining or filling of a stream corridor or
wetland will occur.
vii. Surface runoff and other water sources supplying hydrology to an RP district shall be
designed and maintained so as not to adversely impact the functions and values of the
resource.
viii. Any additional construction requirements imposed as conditions of approval or which may
be required by the Development Standards,the Lake Oswego Building Code(LOC
Chapter 45),the Tree Code (LOC Chapter 55),or the Erosion Control Code (LOC
Chapter 52).
49
Item 53 Summary
This technical amendment specifies that tree protection requirements in LOC Chapter 55 can be conditioned
to apply in sensitive lands.
Key Issues Addressed: Clarifying tree removal and protection requirements in sensitive lands
[Cross-Reference] Mitigation and Avoidance Review Requirements of LOC §
50.05.010.4.e through 50.05.010.4.g.]
e.Mitigation; Purpose.Mitigation is a way of repairing or compensating for adverse impacts to the
functions and values of a natural resource caused by a development. Mitigation may consist of
resource area creation,restoration,or enhancement. Some examples of mitigation actions are
construction of new wetlands to replace an existing wetland that has been filled,replanting trees, and
restoring stream side vegetation where it is disturbed.
This subsection 4.e through LOC § 50.05.010.4.g recognize that true replacement of mature or complex
natural resource systems is difficult and can take many years.Mitigation is discouraged by first requiring that
avoidance of development siting within the resource be explored. Then, if that is not possible, actions should
be taken to minimize damage to the resource. Mitigation ratios are established according to the type of
mitigation proposed and the value of the resource. Maintenance and monitoring of the mitigation measures are
also required.
f. Progressive Mitigation Steps Required.The approving authority shall permit development
allowable within an RC protection area or RP district only if it finds that the following progressive
steps have been met:
i. Step#1 Avoidance.The applicant shall endeavor to avoid detrimental impacts on the
resource altogether by providing alternative site plans along with the development proposal
demonstrating that alternative designs have been explored. If disturbance of a resource
district resource is proposed,the applicant shall first demonstrate that intrusion into the
resource district cannot be avoided by a reduction in the size or configuration of the proposed
development or by changes in the design that would avoid adverse effects on the resource
while still allowing development of the property.
ii. Step#2 Minimization.If the applicant has endeavored to avoid detrimental impacts on the
resource according to subsection 4.f.i of this section, and the reviewing authority finds that
detrimental impacts cannot be avoided,then the applicant shall minimize impacts by
demonstrating that:
(1) Alternative and significantly different site plans and development locations on the
subject site have been considered,and that the alternative chosen is the least
environmentally damaging; and
(2) When mitigation is proposed,there will be no net loss of resource area,functions,or
values as a result of development actions pursuant to LOC § 50.05.010.4.g.v,
Stream Corridors and Tree Groves,or LOC § 50.05.010.4.g.vi,Wetlands,
whichever is applicable.
g.Mitigation Requirements.
50
i. Mitigation Plan.When mitigation is proposed or required as part of a development
application, or when required or imposed as a result of a violation of this Code,the
applicant shall provide a mitigation plan prepared by a qualified professional that:
(1) For proposed development, demonstrates compliance with LOC § 50.05.010.4.f and
this subsection 4.g. For mitigation of violations of this Code, demonstrates
compliance with LOC § 50.05.010.4.f.ii(2).
(2) Includes a maintenance and monitoring plan. The maintenance and monitoring plan
shall include task timelines and quantitative goals to ensure the viability of the
mitigation over time. As part of the monitoring plan,the applicant or other legally
responsible agent shall provide an annual report to the City Manager for a one-
to three-year period, as determined by the reviewing authority. The report shall be
prepared by a qualified professional and shall document site conditions with, at a
minimum,narrative and pictures. Success of the mitigation plan shall be based
on conformance with the approved standards noted in the monitoring plan
(e.g.,maximum areal cover by noxious weeds,minimum survival rate of
plantings,etc.).
Item 54 Summary
Minor edits to clarify how compliance with the maintenance and monitoring plan will be
evaluated.
Key Issues Addressed: Updating mitigation fees and planting inspection requirements
(3) Provisions for regular maintenance and periodic monitoring of the mitigation site,
which shall be subject to review and approval by the City Manager. Failure to
comply with an approved mitigation plan shall be deemed a violation of this
Code and a public nuisance and may be enforced pursuant to LOC Articles 34.04,
Civil Violations, and 34.08,Nuisances.
ii. Required Permits.If a Department of State Lands (DSL)wetland permit,Army
Corps of Engineers,or other state or federal permit is also required,the City shall not
issue a building permit until all applicable state and federal wetland permit approvals have
been granted.
iii. Mitigation Complete Prior to Further Action.Mitigation shall be completed prior
to a final inspection,issuance of a final occupancy permit, or acceptance of a public
improvement.
iv. Location of Mitigation.On-site mitigation is required,where possible,taking into
consideration the existing natural and human-made features of a site. If the
reviewing authority finds that on-site mitigation is not possible,then off-site
mitigation shall be permitted according to the following priorities,provided the
applicant has the right to plant the area,and the planted area shall be preserved by a
conservation easement, a deed restriction, such as a restrictive covenant, or other
legal instrument acceptable to the City Manager:
51
(1) Within the same watershed(as defined by LOC Art. 38.25) and within the City
limits; or
(2) Outside the watershed,but inside the City limits; or
(3) Outside the watershed and City limits,but within the Lake Oswego Urban Services
Boundary.
v. Stream Corridors and Tree Groves.When mitigation is proposed,the reviewing authority
shall require a minimum mitigation ratio(area of resource district created or enhanced to area
of resource district lost) of 1:1 for stream corridor and tree grove resources.
vi. Wetlands.When wetland mitigation is proposed within an RP district,the reviewing
authority shall require minimum mitigation ratios(area of wetland created or enhanced to
area of wetland lost) as follows:
(1) Wetlands Creation or Restoration—2:1 ratio;
(2) Wetlands Enhancement—3:1 ratio;
(3) Wetlands Creation, Restoration or Enhancement—5:1 ratio where the wetland is a
Class I RP district and is forested or contains a sensitive,threatened or endangered
species as identified in an adopted ESEE inventory.
vii. Vegetation Restoration.Vegetation restoration shall be required to mitigate the loss of plant
communities disturbed by development activities. Vegetation shall be required for all
mitigation projects, including trees, shrubs, and ground cover plants,as identified on the
Plant List. The restoration plants shall be selected to recreate a diverse and healthy plant
community which is compatible with the resource.
viii. Planting Standards.
(1) Required Plants and Plant Densities.
(a) All trees, shrubs and ground cover planted for mitigation shall be native plants
as defined by the Plant List.
(b) Native trees and shrubs are required to be planted at a rate of five trees and 25
shrubs per every 500 sq. ft. of disturbance area(calculated by dividing the
number of sq. ft. of disturbance area by 500,and then multiplying that result
times five trees and 25 shrubs,respectively. Fractional results shall be rounded
to the nearest whole number; for example, if there will be 330 sq. ft. of
disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times
five equals 3.3, so three trees must be planted,and 0.66 times 25 equals 16.5,
so 17 shrubs must be planted).
EXCEPTION: A reduced planting density may be approved to account for
existing native trees to be retained if a qualified professional demonstrates that
the proposed restoration will improve ecological functions and equally
mitigate the impacts of the disturbance.
(c) Bare ground must be planted or seeded with native grasses or herbs.
52
(2) Plant Size.Trees shall be at least one-half in. in caliper,measured at six in. above
the ground level for field grown trees or above the soil line for container grown
trees(the one-half in. minimum size may be an average caliper measure,
recognizing that trees are not uniformly round),unless they are oak or madrone
which may be one gallon size. Shrubs shall be in at least a one-gallon container or
the equivalent in ball and burlap and shall be at least 12 in. in height.
(3) Plant Spacing.Trees shall be planted between eight and 12 ft. on-center and shrubs
shall be planted between four and five ft. on-center, or clustered in single species
groups of no more than four plants,with each cluster planted between eight and ten
ft. on center.When planting near existing trees,the dripline of the existing tree shall
be the starting point for plant spacing measurements. If proposing a reduced
planting density per(1)(b)Exception above,the spacing requirement may be
adjusted to apply to areas where canopy gaps are present and conditions are
suitable,as determined by the qualified professional.
(4) Plant Diversity.For planting areas<500 square feet,Sshrubs shall consist of at
least twe three different species. For areas>500 square feet,shrubs shall consist
of at least six different species.If ten or more trees are planted,no more than 50%
of the trees may be of the same genus. In planting sites with various water
regimes, such as wetlands,stream edge,riparian, and upland resource areas,
species shall be installed to match to the predominant hydrology in that
planting zone.
Item 55 Summary
Updates to plant spacing and species diversity requirements recommended by City's natural resource
consultant for alignment with best practices.
Key Issues Addressed:
• Reviewing sensitive lands tree species and diversity requirements
(5) Timing of Plantings.Except as approved by the City Manager,bare root trees shall
be planted between December 1 and February 28, and potted plants between
October 15 and April 30. The City Manager may approve a different planting
schedule where the applicant has demonstrated that it will provide for the same or
greater survival rate of tree and vegetation plantings(e.g.,will provide sufficient
irrigation).
(6) Invasive Vegetation.Invasive nonnative or noxious vegetation shall be removed
within the entire mitigation area prior to planting and during the mitigation
monitoring period.
(7) Tree and Shrub Survival.Plantings shall be inspected and subject to review and
approval by the City Manager according to the maintenance and monitoring
schedule and the quantitative goals for vegetation performance approved with
the mitigation plan. Plants that die during the monitoring period must be replaced
in-kind to the extent necessary to meet the required survival rate specified by the
53
mitigation plan. Plantings shall be clearly marked with ribbons identifying new
plants as either a tree species or a shrub species.If survival is affected by
herbivory, replacements shall be fitted with herbivory protectors for the
remainder of the monitoring period.
(8) Maintenance.To enhance survival of the mitigation plantings,the following
practices are required:
(a) Mulch new plantings a minimum of three in. in depth and 18 in. in diameter to
retain moisture and discourage weed growth.
(b) In upland areas or where seasonal groundwater is absent during summer
months,Wwater new plantings one in. per week, between June 15 and
October 15,through the duration of the monitoring period.
(c) Remove or control invasive or noxious vegetation throughout the maintenance
period.
Item 56 Summary
Various technical amendments to assure plantings are appropriate to the water regimes (e.g., wetland,
stream edge, etc.), improve mitigation establishment, and improve enforcement during City staff
inspections of tree and shrub plantings.
Key Issues Addressed: Updating mitigation fees and planting inspection requirements
ix. Bonding Period.
(1) Except as provided in subsection 4.g.ix(4) of this section,the applicant or property
owner of a development subject to an approved mitigation plan,or a person who has
a mitigation obligation as a result of a code violation, as applicable, shall post a
performance bond or a letter of credit to the City that is equal to 120%of the value
of the improvements installed pursuant to the plan for the duration of the required
monitoring and maintenance period. The bond shall be posted prior to the issuance
of a building permit to ensure the success of mitigation improvements and the
survival of plant materials.
(2) The performance bond or the letter of credit will be released by the City after three
years upon receiving proof that the mitigation measures have been successfully
implemented according to approved plans. Following release of the financial
guarantee,the property owner(s) or other designated party(such as a homeowners'
association) shall remain responsible for maintenance of the resource.
(3) If mitigation improvements fail during the bonding period and the responsible party
does not replace said improvements after notification by the City,the bond shall be
forfeited and shall be used by the City to correct the problem pursuant to the
mitigation plan and the conditions of approval.
(4) Property owners of individual tax lots that are lots of record which are zoned for
single-family residential or middle housing use, are not large enough to be further
divided,and were in existence prior to the date this section becomes effective shall
54
be exempt from these bonding requirements.
5. Standards Applicable to Resource Conservation(RC)and Habitat Benefit Area(HBA) Overlay
Districts.
///
c. RC District and HBA District Area Development Standards.
///
iii. Development Standards.If the proposed types of development are permitted within the
RC district or HBA protection area,the development activity,use or activity shall comply
with the following standards, and the construction standards set forth in LOC §
50.05.010.4.d:
///
(9) Tree Removal.Tree removal on property within the RC district or HBA protection area
shall be subject to the following criteria:
(a) Tree removal in an RC district that has no established RC protection area shall
be subject to a dead,declining,or EAB susceptible tree removal permit
(LOC § 55.02.042(3)),a hazard tree removal permit(LOC § 55.02.042(4)), an
emergency permit(LOC § 55.02.042(5)), an invasive tree species removal
permit(LOC §55.02.042(6)),or a verification tree removal permit
associated with a resource enhancement project(LOC § 55.02.042(7)). Tree
removal pursuant to LOC § 55.02.080(Type II)is prohibited in an RC district
prior to designation of the protection area.
(b) Tree removal within a designated RC or HBA protection area shall be subject
to a dead, declining, or EAB susceptible tree removal permit(LOC §
55.02.042(3)), a hazard tree removal permit(LOC § 55.02.042(4)), an
emergency permit(LOC § 55.02.042(5)),an invasive tree species removal
permit(LOC §55.02.042(6)),or a verification tree removal permit
associated with a resource enhancement project(LOC § 55.02.042(7)). Tree
removal for development permitted pursuant to this section, excepting
subsection 5.c.iii(8)of this section,and this subsection,within a protection
area is permitted pursuant to LOC § 55.02.080 (Type II).
(c) Public agencies and utilities are eligible for a programmatic tree removal
approval pursuant to LOC § 55.02.050(1)(c)which covers management
activities for a period of up to five calendar years following the date of
permit approval.
Item 57 Summary
Updates for consistency with:
• LOC § 55.02.042 allowing removal of trees in sensitive lands that are dead or declining and could
fall onto targets and increases flexibility for removing trees susceptible to Emerald Ash Borer(EAB);
and
• LOC § 55.02.050 allowing for a programmatic tree removal application for Public Agencies and
Utilities with a 5-year timeline.
Updates terminology for clarity and consistency.
Key Issues Addressed:
55
• Clarifying tree removal and protection requirements in sensitive lands
• Creating programmatic permit process for public agencies and utilities
• Reducing barriers to ash tree removals in preparation for EAB
///
6. Standards Applicable to RP Districts.
[Ord.No. 2579,Repealed and Replaced, 3-20-2012; Ord.No. 2526,Amended, 12-18-2012; Ord.
No. 2658,Amended, 12-16-2014; Ord.No. 2687,Amended, 12-15-2015; Ord.No. 2853,Amended,
11-3-2020; Ord.No. 2892,Amended, 6-7-2022; Ord.No. 2938,Amended,4-2-2024]
///
c.RP District Development Standards.
///
i. Except as provided in subsection 6.d of this section,Exceptions Where the RP District
Prohibits All Reasonable Development Opportunities,all development listed in subsection
6.c.I of this section is subject to environmental review and shall comply with the following
standards:
(1) Specific Development Standards.
///
(b) Tree Removal.Tree removal within an RP district shall be subject to the
following criteria:
(i) Type I and Type II tree removal permits, in accordance with LOC
§ 55.02.042,Permit Classifications and Review Procedures, for
development purposes, for those limited development activities allowed
and approved by this section.
(ii) Type II tree removal permit, in accordance with LOC § 55.02.042 for
landscaping purposes,in conjunction and consistent with a resource
enhancement project.
(iii) Dead,declining, or EAB susceptible tree removal permit,in
accordance with LOC 55.02.042(3) and4hazard tree removal
permit,in accordance with LOC § 55.02.042.4,except any portion of the
tree that is not likely to be hazardous to persons or property shall be
retained for wildlife habitat and natural resources.
(iv) Emergency tree removal permit, in accordance with LOC § 55.02.042.5,
Emergency Permit.
(v) Verification permit, in accordance with LOC § 55.02.042.7.
(vi) Invasive tree removal permit, in accordance with LOC § 55.02.042.67
56
except that mitigation shall be required as described in LOC §
55.02.081,_
(vii) Public agencies and utilities are eligible for a programmatic tree
removal approval pursuant to LOC §, 55.02.050(1)(c)which covers
management activities for a period of up to five calendar years
following the date of permit approval.
Item 58 Summary
Updates for consistency with:
• LOC § 55.02.042 allowing removal of trees in sensitive lands that are dead or declining and could
fall onto specific types of buildings or infrastructure and increased flexibility for removing trees
susceptible to Emerald Ash Borer(EAB); and
• LOC § 55.02.050 allowing for a programmatic tree removal application for Public Agencies and
Utilities with a 5-year timeline.
Removes unnecessary reference to reference to mitigation requirements.
Key Issues Addressed:
• Clarifying tree removal and protection requirements in sensitive lands
• Creating programmatic permit process for public agencies and utilities
• Reducing barriers to ash tree removals in preparation for EAB
///
LOC § 50.06.004. Site Design.
1. Landscaping, Screening,and Buffering.
[Ord.No. 2579,Repealed and Replaced,3-20-2012; Ord.No. 2599,Amended, 12-18-2012; Ord.
No. 2648,Amended,2-17-2015; Ord.No. 2695,Amended,2-16-2016; Ord.No. 2723,Amended,
10-18-2016; Ord.No.2732,Amended,2-21-2017; Ord.No. 2853,Amended, 11-3-2020; Ord.No.
2892,Amended, 6-7-2022;Amended, 12-17-2024 by Ord.No. 2949; Amended 4-15-2025 by Ord.
No. 2959]
a. Applicability.
i. Except as provided in subsection 1.a.ii of this section,this section is applicable to:
(1) All major development;
(2) Multi-family dwelling;
(3) Major public facilities;
(4) Commercial development;
(5) Institutional development;
(6) Private recreational development;
57
(7) Industrial development;
(8) Subdivisions(except middle housing land divisions(ORS 92.031);
(9) Partitions(except middle housing land divisions(ORS 92.031); and
(10) Change of use that increases the number of required parking spaces by more than
25%; and
(11) New single-family,duplex, and middle housing dwelling units.
Item 59 Summary
This technical amendment is to allow street trees to be required for all new single family,duplex and middle
housing dwelling units.
Key Issues Addressed: Requiring street tree planting for all new development
ii. The above developments located within:
(1) The Downtown Redevelopment Design District shall comply with LOC §
50.05.004 rather than the provisions of this section.
(2) The FMU zone shall comply with the Foothills Building and Site Design Standards,
LOC § 50.11.007,Appendix G.
b. Standards for Approval.
i. Commercial, institutional, and industrial development,other than in the Office Campus
zone, shall provide a minimum of 15%of the net developable area in landscaping and/or
open space visible from off site, including courtyards,planters,raised beds, espaliers,
etc. Developments involving office campus and major public facilities shall provide a
minimum of 20%.
Exception: the area of public park land, if transfer of the land from the development
site is accepted by the governmental agency,may be deducted from the landscaping area
requirement.
ii. Multi-family and manufactured home park development must provide 20% of the net
developable area in landscaping in addition to the park and open space requirements.
Exception: the area of public park land, if transfer of the land from the development
site is accepted by the governmental agency,may be deducted from the landscaping area
requirement.
iii. Public and semi-public use must meet subsection 1.b.i or 1.b.ii of this section, depending
on use.
iv. All development abutting streets shall provide street trees at the proper spacing for the
species. rate of one tree for each 30 linear feet of street frontage at the following
minimum setbacks from public infrastructure:
(1) Fire hydrants,water meters,underground utility lines,utility poles,
58
driveways, alleys,non-traffic signs: 7.5 feet.
(2) Street lights: 15 feet.
(3) Traffic signs: 20 feet from front and 5 feet from back.
(4) Intersection approaches,driveways, and alleys: AASHTO sight distance
standards.
(5) Street trees with no curb line shall be planted a minimum 15 feet back from
edge of pavement.
v. Street trees shall be planted in the street right-of-way when feasible.
vi. When planting street trees in the street right-of-way is not feasible, street trees shall
be planted within six feet of the street right-of-way and recorded with a street tree
easement in a format acceptable to the City.
vii. Existing trees may serve as street trees provided:
(1) They are not dead,declining,EAB susceptible,hazards,or invasive trees;
(2) At least 1.5-inch caliper;
(3) Within the street right-of-way or within six feet of the street right-of-way; and
(4) Protected from development according to LOC Article 55.08.
viii. In cases where there is not space for one tree for each 30 linear feet of frontage,the
applicant shall pay into the City's tree fund a standard fee per street tree in an
amount as established by resolution of the City Council.
ix. Street trees planted within eight feet of pavement or in ground utility meter box
shall require root barriers installed according to the manufacturer's specifications
at the edge of the pavement or in ground utility meter box.
Item 60 Summary
Creates clear and objective standards for street tree planting that protect public infrastructure and support
public safety(such as by reducing issues with sidewalk uplift from tree roots etc.).
Note that the fee in lieu of street tree planting is adopted by City Council as part of a separate process.
However,the review bodies will need to provide a recommendation to City Council regarding an appropriate
fee considering that street tree planting is proposed to apply to more development types.
Key Issues Addressed:
• Requiring street tree planting for all new development
• Developing standards for planting the"right street tree for the right place"
• Updating mitigation fees and planting inspection requirements
x. v Parking lot plantings shall be designed to allow surveillance of the lot from the street
at several points.
xi. vi,For commercial,institutional, industrial,multi-family dwelling,manufactured home
59
parks, office campus, and major public facilities:
(1) Screening and buffering shall be required:
(a) To mitigate noise,lighting or other impacts from dissimilar uses.
(b) To screen public or private utility and storage areas and parking lots.
(c) As a separation between dissimilar uses.
(2) Landscaping visible from the street or other public right-of-way shall be
complementary to the landscaping in the surrounding area.
xii. vii,Rare and endangered species as identified below shall be preserved:
(1) Marsh or Sessile Trillium: "Trillium chloropetalum."
(2) Fawn Lily: "Erythronium oregonum."
(3) White Larkspur: "Delphinium leucophaeum."
xiii. viii. Landscaping that is required to be provided under LOC Article 38.25 Stormwater
Management Code is counted towards meeting the landscaping required under this article/
section.'l1
"'1Editor's Note: Ord.2695 incorrectly showed the partial amendment to a
subsection that did not then exist; codified here as Subsection 1.b.'xiii.
c. Standards for Installation and Construction.
i. All plant materials shall conform in size and quality grade to the American Standard for
Nursery Stock,current edition.
ii. All plant material shall be installed according to Sunset Western Garden Book, current
edition.
iii. Except for single-family dwellings and middle housing developments that require street
trees, all planting shall have an irrigation system installed to meet standards of Turf
Irrigation Manual,current edition,unless the applicant can demonstrate to the satisfaction
of the reviewing authority that such system is not necessary.
iv. Existing vegetation may be used in a landscaping plan. Construction shall not be allowed
within the drip lines of trees which are to remain.Finish grade shall be at the original
grade or a well or planter constructed equal in size or greater than the drip line.
v. Topsoil removed during construction shall be replaced with topsoil.
vi. Plant materials for use in parking lots and streets shall have a mature height of less than 25
ft. in areas where overhead utilities are present.
vii. Plant materials listed as "Prohibited Street Trees" in the Lake Oswego Master Plant List,
LOC § 50.11.004,Appendix D, shall be prohibited as street trees, except those cultivars
that do not have the characteristics identified by its species.
60
viii. Plant materials listed as nuisance or invasive in LOC § 50.11.004,Appendix D, and the
Invasive Tree Species List on file at the Planning Department shall be prohibited as
required landscaping.
ix. When a tree is located within a sidewalk,the tree base shall be protected from damage by
pedestrians and other causes in a manner that complies with the City Engineer's
specifications and applicable federal and state law, i.e.,Americans with Disabilities Act.
x. Plant material used for screening and buffering shall:
(1) Be of a size to provide an effective screen within two to five years of the planting
date.
(2) Be planted in a single row on centers equal to one-half mature width of the plant
material or in staggered multiple rows.
(3) Be a minimum of six ft.high at maturity; or as determined by the City Manager to
buffer or screen a specific situation except as prohibited by LOC § 42.03.130, Sight
Distance at Roadway Intersections,Private Streets and Driveways.
[Cross-References: LOC Chapter 55—Removal of Trees; LOC § 50.06.001.3.d—
Street Trees in the R-6 Zone.] [Ord.No. 2579,Repealed and Replaced, 3-20-2012;
Ord.No. 2599,Amended, 12-18-2012;
xi. Trees planted to meet parking lot requirements in LOC & 50.06.002 and street trees
shall be provided access to soil volume in accordance with the following standards
as demonstrated through a landscaping plan:
(1) The minimum soil volume requirements shall be:
(a) 1,000 cubic feet for each parking lot tree; and
(b) For each street tree,the following minimum soil volumes based on the
width of the proposed right of way measured from the edge of the street
(excluding curb,if present)towards the subject site:
Right-of-way width from street to subject site Minimum soil volume requirement
(feet) (cubic feet per tree)
Up to 10 400
Over 10 up to 12 500
Over 12 up to 14 600
Over 14 up to 16 700
Over 16 up to 18 800
Over 18 up to 20 900
Over 20 1,000
61
(2) The assumed soil volume depth is three feet unless otherwise determined by a
certified arborist.
(3) The soil volume area accessible to each tree is based on the assumed soil
volume depth of three feet.
(4) The soil volume areas must be contiguous and within a fifty-foot radius of the
tree to be planted.
(5) Contiguous soil volume areas must be at least five feet wide for the entire area.
(6) Trees may share the same soil volume areas provided all other applicable LOC
spacing requirements are met.
(7) Soils under pavement or other impermeable surfaces are not eligible for soil
volume credit unless a certified arborist or registered landscape architect
provides a covered soil volume landscaping plan using one of the following
methods as further described in the publication Up By Roots by James Urban
published by the International Society of Arboriculture,current edition and
installed according to applicable manufacturer's specifications and the
certified arborist or registered landscape architect recommendations:
(c) Structural cells;
(d) Soil vaults; or
(e) Soil/aggregate structural soil.
(8) The project certified arborist or registered landscape arborist shall verify
installation of any covered soil volumes according to the approved landscaping
plan prior to issuance of certificate of occupancy,final inspection, or final
project approval.
Item 61 Summary
• Creates minimum soil volume standards for required street and parking lot trees. This allows trees in
these contexts to reach mature sizes for full shade potential and other benefits of mature trees.
• Supports parking lot tree canopy standards for commercial and industrial development.
• Soil volume minimums are based on publications from the International Society of Arboriculture and
can be met by either adequate planting space, or specific soil treatments for under pavement.
• Inspections of proper covered soil volume plantings are the responsibility of the project arborist or
landscape architect.
Key Issues Addressed:
• Creating soil volume standards for street and parking lot trees
• Creating canopy standards for commercial and industrial development
• Updating mitigation fees and planting inspection requirements
///
62
50.11.004 APPENDIX D—LAKE OSWEGO MASTER PLANT LIST
The Lake Oswego Master Plant List identifies plants appropriate for landscaping in specific areas, i.e.,
resource areas,street trees,West Lake Grove Overlay District,or for other purposes as established in this
Code or elsewhere in the Lake Oswego Code,that either identifies plants that:
a. Are adapted to local soils and growing conditions,provide food and shelter for native wildlife, and
generally do not require fertilizers or pesticides,and do not require long-term irrigation,which can
increase erosion and sedimentation; or
b. Are detrimental to existing vegetation, or to the functions and values where located, or to the
character of the area where planted; or
c. Meet the requirements of plants as specified in the particular sections of this Code,or elsewhere in
the Lake Oswego Code.
This plant list is divided into the following subsections:
1. Native plants.
2. Invasive plants.
3. Street trees—prohibited.
4. Street trees—approved(applicable to LOC 50.05.006.7.c, Old Town design standards only).
5. Solar friendly plants(see"Solar Friendly Trees Report"dated April 1987).
1. Native Plants
The plants below are native to the Willamette Valley.They are adapted to local climate and soils. Planted
in the right location,they should thrive with little or no maintenance.
Scientific Name Common Name
Native Tall Shrubs/Small Trees
Acer circinatum Vine maple
Amelanchier alnifolia Western serviceberry/Saskatoon
Berberis(Mahonia)aquifolium Tall Oregon grape
Cornus stolonifera Redosier dogwood
Scientific Name Common Name
Native Tall Shrubs/Small Trees
Corylus cornuta Hazelnut
Crataegus douglasii Douglas hawthorn
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Euonymus occidentalis Western wahoo
Holodiscus discolor Oceanspray
Lonicera involucrata Black twinberry
Malus fusca Western crabapple
Oemleria cerasiformis Indian plum
Philadelphus lewisii Mock orange
Physocarpus capitatus Pacific ninebark
Prunus virginiana Chokecherry
Ribes sanguineum Red-flowering currant
Rosa gymnocarpa Baldhip rose
Rosa nutkana Nootka rose
Rosa pisocarpa Clustered wild rose
Rubus parvorus Thimbleberry
Rubus spectabilis Salmonberry
Sambucus cerulea Blue elderberry
Sambucus racemosa Red elderberry
Spiraea dou'lasii Douglas spiraea
Svmphoricarpos albus Snowberry
Vaccinium parvifolium Red huckleberry
Vaccinium ovatum Evergreen huckleberry
Scientific Name Common Name
Native Trees
Abies grandis Grand fir
Arbutus menziesii Madrone
Acer macrophyllum Big-leaf maple
Alnus rubra Red alder
Cornus nutallii Pacific dogwood
Franj'ula purshiana Cascara
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Fraxinus latifolia Oregon ash
Pinus contorta var.contorta Shore pine
Pinus ponderosa var.benthamiana Willamette Valley Pponderosa pine
Populus trichocarpa Black cottonwood
Prunus cmarginatus emareinata Bitter cherry
Pseudotsuga menziesii Douglas fir
Quercus garryana Oregon white oak
Rhamnus purshiana Cascara
Salix fluviatilis Columbia River willow
Salix lasiandra Pacific willow
Salix scouleriana Scouler's willow
Salix sitchensis Sitka willow
Taxus brcvifolius brevifolia Western yew
Thuja plicata Western redcedar
Tsuga heterophylla Western hemlock
Sambucus cerulca Blue elderberry
Sambucus raccmosa Red elderberry
Spiraca douglasii Douglas spiraea
Symphoricarpos albus Snowberry
Vaccinium parvifolium Red huckleberry
Vaccinium ovatum Evergreen huckleberry
Native Low Shrubs
Berberis(Mahonia)nervosa Low Oregon grape
Gaultheria shallon Salal
Rubus leucodermis Blackcap
Native Herbaceous Flowering Plants
Achillea millefolium White yarrow
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Achlys triphylla Vanillaleaf
Alisma plantago-aquatica American water plantain
Anaphalis margaritacea Pearly-everlasting
Anemone deltoidea Western white anemone
Anemone oregana Oregon anemone
Aquilegia formosa Red columbine
Arctostaphylos uva-ursi Kinnikinnick
9sarum caudatum Wild ginger
Aster chilensis Hall's aster
Brodiaea congesta Northern Saitas
Brodiaea coronaria Harvest brodiaea
Brodiaea howellii Howell's brodiaea
Brodiaea hyacintha Hyacinth brodiaea
Calypso bulbosa Fairy slipper
Camassia leichtlinii Leichtlin's camas
Camassia quamash Common camas
Campanula scouleri Scouler's bellflower
Cornus canadensis Bunchberry
Cryptantha intermedia v. grand flora Common forget-me-not
Cynoglossum grande Pacific hound's-tongue
Dicentra formosa spp.formosa Pacific bleedingheart
Disporum hookeri Hooker fairy-bell
Disporum smithii Fairy lantern
Eriophyllum lanatum Woolly sunflower
Erythronium oregonum Giant fawn lily
Fragaria vesca Wild strawberry
Fragaria virginiana Virginia strawberry
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Geum macrophyllum Oregon avens
Heracleum lanatum Cow-parsnip
Hydrophyllum tenuipes Pacific waterleaf
Iris tenax Oregon iris
Lilium columbianum Columbia lily
Linnaea borealis Twinflower
Lonicera ciliosa Trumpet vine
Lupinus bicolor Two-color lupine
Lupinus polyphyllus Bigleaf lupine
Lysichitum americanum Skunk cabbage
Mimulus guttatus Yellow monkeyflower
Montia parvifolia Little-leaf montia
Montia perfoliata Miner's lettuce
Trillium ovatum Western trillium
Native Grasslike:grass,sedge, rush
Agrostis exarata Spike bentgrass
Agrostis oregonensis Oregon bentgrass
Agrostis scabra Hair/rough bentgrass
Alopecurus aequalis Shortawn foxtail
Alopecurus geniculatus Water foxtail
Beckmania syzigachne Slough grass
Bromus carinatus California/mountain brome
Bromus sitchensis Alaska brome
Bromus vulgaris Columbia brome
Carex aperta Columbia sedge
Carex densa Dense sedge
Carex deweyana Dewey's sedge
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Carex hendersonii Henderson's sedge
Carex obnupta Slough sedge
Carex stipata Sawbeak sedge
Deschampsia caespitosa Tufted hairgrass
Eleocharis ovata Ovoid spike-rush
Eleocharis palustris Common spike-rush
Elymus glaucus Blue wildrye
Festuca idahoensis Bunchgrass fescue
Festuca occidentalis Western fescue
Festuca rubra Red fescue
Glyceria occidentalis Western mannagrass
Hierocloe occidentalis California sweetgrass
Hordeum brachyantherum Meadow barley
Juncus balticus Baltic rush
Juncus effusus Common(soft)rush
Juncus ensifolius Daggerleaf rush
Juncus tenuis Slender rush
Leersia oryzoides Rice cutgrass
Scirpus acutus Hardstem bulrush
Scirpus microcarpus Small-flowered bulrush
Scirpus validus Softstem bulrush
Typha latifolia Common cattail
Ferns
Adiantum pedantum Northern maidenhair fern
Athyrum felix femina Ladyfern
Blechnum spicant Deer fern
Gymnocarpium dropteris Oak fern
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Polypodium glycyrrihiza Licorice fern
Polystichum munitum Swordfern
Pteridium aquilinum Bracken fern
Thelypteris nevadensis Wood fern
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2. Invasive Plants
These plants tend to dominate plant communities, crowding out other native plants. They generally have
low value to wildlife,and some are considered harmful to humans. These plants are not good choices for
landscaping. They may not be planted in resource areas or as street trees. This prohibition also applies to
sub- species and cultivars.
Scientific Name Common Name
Trees
Acer platanoides Norway maple
Acer pseudoplatanus sycamore maple
Ailanthus altissima tree-of-heaven
Betula pendula European white birch
Crataejius monoffvna English hawthorn
Ilex aquifolium English holly
Paulownia tomentosa princess tree
Populus alba white poplar
Prunus avium sweet cherry
Robinia pseudoacacia black locust
Sorbus aucuparia European mountain ash
Ulmus pumila Siberian elm
Shrubs
Cytisus scoparius Scotch broom
Ilex aquifolium English holly
Prunus laurocerasus English/Portuguese laurel
Rhus diversiloba Poison oak
Herbaceous Plants
Buddleia davidii Butterfly bush
Carduus alanthoides, Carthamus baeticus, C. lanatus, Thistles(plumless,smooth distaff,woolly distaff,
Cirsium vulgare, C. arvense bull, Canadian)
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Geranium lucidum, G. robertianum Shining Crane's-bill,Herb Robert
Hypericum perforatum St.John's wort
Lythrum salicaria Purple loosestrife
Vinca major and v. minor Periwinlde/vinca
Vines
Clematis ligusticifolia Western clematis
Clematis vitalba Traveler's joy
Convolvulus sepium Morning glory
Hedera genus, including all cultivars of hedera helix and Ivy,including English ivy
hedera hibernica
Polygonum sachalinense and P. cuspidatum Giant knotweed,Japanese knotweed
Rubus armenicus Himalayan blackberry
Rubus ursinus Trailing blackberry
Grasses
Scientific Name Common Name
Phalaris arundinacea Reed canarygrass
various genera Running-type bamboo
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3. Street Trees—Prohibited
The following trees are prohibited as street trees,except those cultivars that do not have the characteristics
identified by its species below:
SCIENTIFIC NAME COMMON NAME
Acer macrophyllum Big-leaf maple
Leaves block drainage,roots buckle sidewalks
Acer negundo Box elder
Insects,weak wooded
Acer rubrum Red maple
Shallow rooted
Acer saccharinum Silver maple
Shallow rooted,weak wooded
Aesculus hippocastanum Common horsechestnut
Messy fruits
Betulus species Birches
Insects,weak wooded
Carya species Hickories
Fruits cause litter and safety problems
Catalpa species Catalpas
Seed pods cause litter problems
Chionanthus virinicus White fringetrees
Susceptible to emerald ash borer
Corylus species Filberts
Fruits cause litter and safety problems
Crataegus species Hawthorns
Thorns,fruits cause litter and safety problems
Fraxinus species Ashes
Seed pods cause litter problems, susceptible to
emerald ash borer
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Gleditsia triacanthos Honey locust(species)(does not include horticultural
Seed pods cause litter problems variants)
SCIENTIFIC NAME COMMON NAME
Juglans species Walnuts
Fruits cause litter problems
Morus species Mulberries
Fruits cause litter and safety problems
Olea europa Cultivated olives
Susceptible to emerald ash borer
Populus species Poplars
Weak wooded, shallow roots
Robinia species Locusts
Weak wooded, suckers
Salix species Willows
Weak wooded, shallow roots
Ulmus fulva Slippery elm
Insects,weak wooded,shallow roots
Ulmus pumila Siberian elm
Weak wooded, shallow roots
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4. Approved Street Trees—Old Town Neighborhood Design
Applicable to Old Town design standards,LOC 50.05.006. See LOC 50.05.006.6.b.
TREES FOR PLANTING STRIP SIZE UP TO 4 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Allegheny 25' 15' Upright Oval Green White Orange Purplish
Serviceberry Clusters Blue
Amelanchier
laevis
Pyramidal 30' 12' Very Upright Dark Green White Brilliant Maroon
Serviceberry Racemes Reds and Purple
Amelanchier Orange Heavy
canadensis Fruits
Pyramidalis
Lavalle 30' 20' Upright to Dark Green White Bronze Orange to
Hawthorn Vase Clusters Red
Crataegus X
Lavellei
Crimson Cloud 25' 18' Oval Glossy Bright Red Bright Red
Hawthorn Green White
Crataegus Centers
laevigata
`Crimson Cloud'
Flowering Ash 30' 4-51 Pyramidal to Medium Off White Yellow
Fraxinus ornus Round Green Heavily
Scented
Columnar 30' 6' Narrow Green Yellow Yellow Yellow
Goldenrain Fastigiate Pods
Koelreuteria
paniculata
fastigiata
Goldenchain 30' 20' Upright to Green Yellow Yellow
Laburnum vossi Vase Racemes
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Blireiana Plum 20' 20' Round Purple- Bright Pink Reddish-
Prunus X Blireiana Green Bronze
TREES FOR PLANTING STRIP SIZE UP TO 4 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Newport Plum 20' 20' Oval to Dark Purple Light Pink Reddish
Prunus Round
cerasifera
'Newport'
Japanese Tree Lilac 25' 15' Pyramidal Green White Yellow
Syringa reticulate Panicle Brown
Trident Maple 25' 20' Oval to Dark Green Yellow
Acer buergeranum Round Orange
Paperbark Maple 30' 20' Round Green Bright Red
Acer griseum Above and Orange
Silvery
Under
Amur Maple 20' 20' Upright Green Yellow
Acer ginnala Round
Hedge Maple 25' 25' Round Dark Green Yellow
Acer campestre
Glorybower 20' 20' Round Dark Green White Blue Green
Tree Fragrant
Clerodendrum Clusters
trichotomum
Rocky 25' 15' Oval Dark Green Bright Red
Mountain
Glow Maple
Acer
grandidentatum
`Schmidt'
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
75
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Queen 35' 30' Upright Dark Green Yellow
Elizabeth
Maple
Acer campestre
`Queen Elizabeth'
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Paperbark Maple 30' 20' Round Green Above Bright
Acer griseum and Silver Red-
Under Orange
Chinese Dogwood 30' 30' Round Green White Red Red Pink
Cornus kousa
chinensis
September 30' 25' Flat Topped Green Yellow Yellow
Goldenrain Open
Koelreuteria
paniculata
`September'
Red Bud 20' 25' Spreading Medium Pink Yellow
Cercis canadensis Green
American 35' 25' Oval Medium Yellow
Hophornbeam Green
Ostrya virginiana
Newport Plum 20' 20' Oval to Dark Purple Light Pink Red
Prunus cerasifera Round
Newport'
Capital Pear 35' 12' Columnar Medium White Reddish
Pyrus calleryana Green Clusters Purple
`Capital'
76
Chanticleer Pear 40' 15' Pyramidal Glossy Green White Orange
Pyrus calleryana Clusters Red
'Glen's Form'
Rocky Mountain 25' 15' Oval Dark Green Bright
Glow Maple Red
Acer
grandidentatum
`Schmidt'
Japanese Stewartia 40' 20' Pyramidal Dark Green White Dark Red
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Stewartia pseudo- Orange
camellia Center
Rancho Linden 45' 20' Pyramidal Dark Green Yellow Yellow
Tilia cordata Fragrant
Rancho'
Chancellor Linden 35' 20' Pyramidal Dark Green Yellow
Tilia cordata
`Chancellor'
Lavalle Hawthorn 30' 20' Upright Dark Green White Bronze Red
Crataegus X Lavellei Red
Flowering Ash 30' 4-51 Pyramidal to Medium Off White Yellow
Fraxinus ornus Round Green Fragrant
Pyramidal 35' 20' Broadly Oval Dark Green Yellow
Hornbeam
Carpinus betulus
fastigiata
Armstrong II Red 45' 15' Narrow Light Green Yellow
Maple Fastigiate Orange-
Acer rubrum Red
'Armstrong'
77
Gerling Red Maple 35' 20' Pyramidal Green Orange-
Acer rubrum Red
`Gerling'
Saratoga Ginkgo 30' 30' Compact Greenish- Yellow
Ginkgo biloba Spreader Gold
`Saratoga'
Columnar Sargent 30' l 0' Fastigiate Green Deep Pink Orange-
Cherry Red
Prunus sargentii
columnaris
Glorybower Tree 20' 20' Round Dark Green White Blue-
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Clerodendrum Fragrant Green
trichotomum Clusters
Globe Sugar 15' 20' Round Medium Yellow
Maple Acer Green and
saccharum Orange
globosum
Globe 20' 20' Round Green White Bright Maroon
Serviceberry Yellow- Purple
Amelanchier Red
canadensis
oblongifolia
Saucer 120' 20' Upright- Green Red/White Yellow
magnolia Rounded Brown
Magnolia
soulangiana
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
78
Urbanite Ash 40! Broadly Lustrous Bronze
Fraxinus Pyramidal Green
pcnnsylvanica
`Urbanite'
Marshall Ash 40! Broadly Oval Dark Green Yellow
Fraxinus
pcnnsylvanica
lanccolata
Skyline Ash 451 35' Oval Mediu Orange Red
Fraxinus
americana Green
`Skyline'
European 50' 35' Oval to Dark Green Gold Yellow
Hornbeam Round
Carpinus
betulus
Hackberry 45' 35' Oval Dark Green Yellow
Celtis occidentalis
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Katsura Tree 40' 35' Oval Bluish Green Yellow to
Cercidiphyllum Scarlet
japonicum
Sourwood 50' 25' Pyramidal Green White Brilliant Golden
Oxydendrum Scarlet
arboreum
Macho Cork Tree 40' 30' Broadly Vase Medium Yellow
Phellodendron Green
amurense Macho'
Tricolor Beech 40' 30' Broadly Oval Purple,Light
Fagus sylvatica Pink Border
Rosed—
LMarginata'
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Yellowwood 40' 35' Round Yellow-Green White Orange to
Claprastis lutea to Bright Fragrant Yellow
Green Clusters
Skyline 50' 35' Broadly Medium Golden
Honeylocust Pyramidal Green
Gleditsia
triacanthos
`Skyline'
Shademaster 45' 35' Vase Dark Green Yellow
Honeylocust
Gleditsia
triacanthos
`Shademaster'
Scarlet Oak 50' 40' Broadly Oval Glossy Green Scarlet
Quercus coccinea
Glenleven Linden 45' 30' Pyramidal Medium Yellow
Tilia cordata Green
`Glenleven'
Halka Zelkova 45' 30' Vase Medium Yellow
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGH SPREA STRUCTUR FOLIAGE FLOWERS FALL FRUIT
T D E COLOR
Zelkova serrata Green
Halka'
Globe Sugar Maple 15' 20' Round Medium Yellow and
Acer saccharum Green Oranges
globosum
Saratogoa Ginkgo 30' 30' Round Green Gold Yellow
Ginkgo biloba
`Saratoga'
Red Sunset Red 45' 35' Oval Dark Green Orange Red
Maple
Acer rubrum
Franksred'
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October Glory 40' 35' Broadly Oval Medium Red to
Maple Green Purple
Acer rubrum
`October Glory'
Embers Red Maple 50' 40' Open Green Bright Red
Acer rubrum
Embers'
Saucer magnolia 20' 20' Upright- Green Red/White Yellow
Magnolia Rounded Brown
soulangiana
*Douglas Fir, 100' Dark Green Evergreen
Pseudotsuga
menziesii
Lodgepole Pine 100' Dark Green
Pinus contorta
Shore Pine 25' Upright- Dark Green Evergreen
Pinus contorta var. Irregular
contorta
*Western Red 100'+ Pyramidal Evergreen
Cedar
81
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL FRUIT
COLOR
Thuja plicata
* Grand Fir 100'+ Dark Green Evergreen
Abies grandis
Noble Fir, 90' Bluish Green Evergreen
Abies procera
Sitka Spruce, Evergreen
Picea sitchensis
*Western 100' Narrow- Evergreen
Hemlock, Pyramidal
Tsuga heterophylla
Incense Cedar, 90' Narrow- Dark Green Evergreen
Libocedrus Pyramidal
decurrens
* Tree is on the Native Plants List(subsection(1)of this listing).
TREES FOR PLANTING STRIP SIZE 8-1/2 FEET AND LARGER
TREE SPECIES HEIGHT SPREAD STRUCTUR FOLIAGE FLOWERS FALL FRUIT
E COLOR
Catalpa 75' 50' Round Green White Yellow
Catalpa speciosa
Katsura Tree 40' 35' Oval Bluish Yellow to
Cercidiphyllum Green Scarlet
japonicum
Sourwood 50' 25' Pyramidal Green White Brilliant Golden
Oxydendrum Scarlet
arboretum
(Ord.2732,Amended,02/21/2017; Ord. 2579,Repealed and Replaced,03/20/2012)
5. Solar Friendly Trees
See"Solar Friendly Trees Report,"dated April 1987.
(Ord.2579,Repealed and Replaced,03/20/2012)
82
Item 62 Summary
• Updates to Master Plant List to remove EAB susceptible plants from the list,include invasive
trees in the invasive plant list, add a few common native flowering plants,correct spelling errors
and misclassifications of trees/shrubs
Key Issues Addressed:
• Updating tree mitigation and planting lists
ARTICLE 34.10
Types of Nuisance
///
LOC §34.10.510. Sidewalks and Streets to be Kept Free From Debris and Overhanging Brush
and Limbs. [Ord. No. 1856, 12-28-1982; Ord.No. 2231,Amended,3-21-2000; Ord. No. 153,
6-15-1926]
Property owners or users shall keep the sidewalks and streets abutting their property free from earth,
rock,yard clippings,and other debris and from projecting or overhanging bushes,brush and limbs that
may obstruct or render unsafe the passage of persons or vehicles. Limbs,branches, leaves and other
vegetative growth shall not under any circumstances be allowed to project an elevation of less than nine
(9)feet above the level of the sidewalk and 13.5 feet above the level of the street. A violation of this
section is a civil violation and a public nuisance.
Item 63 Summary
This amendment along with the amendments to Article 42.08 are to clarify that abutting property owners
are responsible for street tree management. Under the current code,responsibility for tree maintenance
and removal of dead or hazardous street trees located within the public right-of-way is ambiguous. As a
result,the City receives numerous requests from private property owners to trim or remove trees along
their frontage.
Although the City has periodically performed trimming and removal of hazardous trees within the right-
of-way,the volume of requests exceeds available resources and cannot be fulfilled in a practical or
equitable manner. Clarifying responsibility will establish consistent expectations, improve administrative
efficiency, and align City regulations with common municipal practice,which typically requires abutting
property owners to maintain trees and vegetation along their street frontage. Most cities in Oregon
delegate maintenance of street trees to the abutting property owner including neighboring cities of West
Linn, Tigard, and Milwaukie. The City of Portland has historically delegated street tree maintenance to
abutting property owners but is in the process of rolling out city maintenance because of funding from
Portland Clean Energy Fund. Tualatin delegates maintenance of street trees to abutting property owners
but provides assistance in some cases when tree roots damage sidewalks.
Key Issues Addressed: Clarifying street tree maintenance responsibilities
LOC § 34.10.520. Periodic Brush Cutting Required; Exceptions. [Ord.No. 153, 6-15-1926; Ord.
83
No. 1233, 8-6-1968; Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000; Ord.
No.2617,Amended,6-4-2013; Amended, 12-3-2024 by Ord.No.2954]
1. Property owners, lessees, occupants, or persons in possession or control of property shall remove
from their property:
a. Thistles and noxious weeds;
b. Vegetation of an inflammable condition or nature;
c. Dead trees that are a hazard to use of public property,private property,or public right-of-
way and eligible for a dead tree removal permit pursuant to LOC §55.02.042; and
Item 64 Summary
• Updates give the City the authority to require removal of dead trees on private property that are
within striking distance of specific types of buildings or infrastructure.
• This establishes a process for addressing dead and potentially hazardous trees on neighboring
properties(non-dead and potentially hazard trees would still be addressed through methods not
involving the City).
• Upon receiving a nuisance complaint for a dead tree on private property,the City would need to
contact the property owner,arrange an inspection,and determine if there is a dead tree within
striking distance of a target. If the nuisance condition is met,the City would order the removal of
the tree. This will increase demand on code enforcement staff in the Planning Deptartment.
Key Issues Addressed: Evaluating options for addressing dead and hazard trees on neighboring
properties
d. All grass or weeds more than 10 inches in height.
2. A violation of this section is a civil violation and a public nuisance.
///
ARTICLE 42.08
Sidewalks
///
LOC §42.08.410. Sidewalks,Vegetation,and Street Trees to be Maintained
by Owner. [Ord.No.395,10-4-1949; Ord. No. 980, 1-21-1964; Ord. No. 2125, Amended, 9-19-
1995; Ord. No. 2231, Amended,3-21-2000; Ord.No.2811,Amended, 1-2-2019; amended 11-21-
2023 by Ord.No.2937]
1. It shall be the duty of owners of property:
a. Abutting or lying adjacent to sidewalks constructed upon the public streets to keep such
sidewalks,and the property lying between such sidewalks and the adjacent and abutting
property; or
b. When a public sidewalk or pathway is within a public easement on the property,to keep such
84
sidewalks and pathways;
in good repair and free from obstruction and to keep the same clean of debris,leaves and any
growing material and ice and snow, and free of any other object or matter which may impede
or render hazardous the use of the sidewalk/pathway and, if applicable,property lying
between the same and abutting and adjoining property.
2. A property owner shall remove ice and snow from such sidewalks/pathways as hereinbefore
required within four hours after daylight when the same shall have accumulated during the night
hours or within two hours after the end of a snowfall occurring during daylight hours.
3. A property owner shall maintain street trees as defined in LOC § 55.02.020 abutting their
property's street frontages in a manner that is consistent with the provisions of LOC §
34.10.510,LOC .§34.10.520,LOC Chapter 50, and LOC Chapter 55.
Item 65 Summary
This amendment clarifies that abutting property owners are responsible for the maintenance of street trees
in addition to sidewalks.
Key Issues Addressed: Clarifying street tree maintenance responsibilities
4. A violation of this section is a civil violation and shall be enforced pursuant to the provisions of
LOC § 34.04.101 through 34.04.145.
5. Liability;indemnification:
a. The owner of the land adjoining any street in the City shall be liable to any person suffering
injury by reason of the owner's negligent failure to comply with this Subsections(1)-ef1(2)2
or(3).
b. The City shall not be liable for injury,damage or loss to any person or property caused in
whole or in part by the defective or dangerous condition of any sidewalk,street tree,or
driveway approach, or the City's failure to provide notice as provided in LOC § 42.08.420.
c. If the City is required to pay damages or incurs attorneys' fees and costs for an alleged injury
to any person by failure of an owner to maintain a sidewalk or street tree in good repair or safe
condition free of hazards,the owner shall reimburse the City for the amount of damages paid,
and for the attorney fees and costs of defending against the claim for damages.
6. Nothing in this Code shall be construed to limit the City's ability to prune,treat, remove, or
plant any street tree or other vegetation for any purpose whatsoever including but not
limited to traffic or pedestrian use or safety,emergency situations,street or sidewalk
maintenance or construction, environmental mitigation, community enjoyment or
beautification, and other purposes that promote public health, safety, and well-being.
Item 66 Summary
These amendments limit the City's liability for the maintenance of street trees in addition to sidewalks. It
also clarifies that the City can manage street trees and other vegetation as needed at their discretion.
85
Key Issues Addressed: Clarifying street tree maintenance responsibilities
LOC § 42.08.420. Notice to Repair or C1eanMaintain Sidewalk or Street Tree-How Delivered;
Contents. [Ord.No.395, 10-4-1949]
Whenever it shall appear that the owner of any property in the city shall have failed to comply with LOC
§ 42.08.410, above,the recorder shall immediately notify the owner of such property of such failure by
written notice delivered to such owner or owners in person,or by registered mail directed to their last
known residence address, giving the description of the property owned by such person and a brief
description of the condition existing in relation to such sidewalk,street tree,or property lying between
such sidewalk,and the abutting property, and which notice shall require that the condition or defect be
remedied immediately.
LOC §42.08.430. Time Limitation for Correction. [Ord.No.395, 10-4-1949]
If the failure and defect described in the notice referred to in the preceding section shall be in the nature
of an obstruction or the presence of material on the sidewalk, street tree,or adjacent property not a part
thereof, or connected thereto, it shall be sufficient that the notice be given to the occupant of the
premises and the occupant or owner of the premises shall,within twenty-four hours after receipt of the
notice,remedy the situation described in the notice.
LOC §42.08.440. Correction by City-Lien Created. [Ord.No.395, 10-4-1949]
If the failure or defect described in the notice referred to in LOC § 42.08.420 shall be in the nature of a
defect of the sidewalk itself, street tree,or property between the same and the adjacent property,or in
the nature of an attachment thereto,the owner of the premises shall remedy the situation described in the
notice within thirty days from the receipt thereof. If the owner or occupants of the premises in question
shall fail within the time described above to correct the situation described in the notice so given,the
city may, either through its own employees or by contract let to others, correct such situation and make
such repairs, alterations or improvements to the sidewalk, street tree, and property lying between the
sidewalk and the abutting and adjoining property as may be necessary,and charge the cost thereof to the
owner of the property,which cost and changes shall be a lien upon the property so abutting or adjoining
the sidewalk or street tree.
LOC §42.08.450. Lien Perfected. [Ord.No.395, 10-4-1949]
When the City shall have done, or shall have caused to be done, any work, as described in LOC
§ 42.08.440, above, and when the cost thereof shall have been determined,the Recorder of the City shall
notify the owner or owners of the premises abutting or adjoining the sidewalk, street tree,or property
between the same and the adjacent land that the work has been done and that the cost thereof is being
charged to the owner and shall become a lien against and upon the premises,which notice shall be in
writing,giving the description of the premises affected,the cost of work done and a brief description of
the type of work done,and shall notify the owner that unless said costs are paid within thirty(30)days
from the date of giving notice that the costs shall be entered in the lien records of the City.
LOC §42.08.460. How Lien Recorded; Interest. [Ord.No.395, 10-4-1949]
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If the cost is not paid within thirty days from the giving of the notice described in LOC
§ 42.08.420 the Council shall,by ordinance or resolution, direct the City Recorder to enter in the docket
of City liens the amount assessed upon the particular tract or parcel of land with the names of the record
owners thereof.Upon such entry in the lien docket the amount so entered shall be immediately due and
payable and shall be a lien and charge upon the respective lots,tracts or parcels of land against which
the same are placed. Such lien shall be first and prior to all other liens,except as otherwise provided by
law.Interest shall be charged at the rate of six percent(6%)per annum until paid on all amounts not paid
within thirty days from the date of such entry.
LOC §42.08.470. How Lien Collected. [Ord.No.395, 10-4-1949]
After thirty days from the date of entry in the City lien docket,the City may proceed to foreclose as
delinquent any lien which is unpaid.
Item 67 Summary
These amendments create a process for the City to require abutting property owners to maintain street
trees in addition to sidewalks.
Key Issues Addressed: Clarifying street tree maintenance responsibilities
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