HomeMy WebLinkAboutAgenda Item - 2026-06-08 - Number 06.1 - Staff Report 05-29-26 PCPH w-Attach LU 26-0014
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
STAFF REPORT
CITY OF LAKE OSWEGO
PLANNING AND BUILDING SERVICES DEPARTMENT
I. APPLICANT'S REQUEST
The City of Lake Oswego is proposing to amend Chapter 55, Tree Code, Chapter 50, Community
Development Code (CDC), and Article 34.10, Types of Nuisance, of the Lake Oswego Code for the
purposes of improving regulatory clarity and efficiency, supporting sustainable urban forest
management, and ensuring compliance with state law. Proposed amendments include
establishing a clear and objective Type II tree removal track for housing development as required
by HB 2138 (2025), streamlining permitting for the removal of trees susceptible to Emerald Ash
Borer, and expanding mitigation and street tree planting requirements.
Note: Chapter 55 and LOC Article 34.10 are not “land use regulations” under ORS 197.015(11)1
and are not a “Legislative Decision” under the Community Development Code because they do
not amend “the policies, procedures, standards, criteria or map designations of the
Comprehensive Plan, and this Community Development Code.” LOC 50.07.003.16.a.i. There are
different procedural effects as to whether a restriction is a land use regulation or not, i.e., land
use regulations require written findings and appeal is to the Land Use Board of Appeals.
For the public’s and Commission’s convenience, all proposed amendments are included in
Attachment 2 of Exhibit A-1. Following the Commission’s tentative decision on the proposed
amendments, staff will separate the amendments in Chapter 55, Tree Code and LOC Article
34.10, Types of Nuisance, into a companion non-CDC ordinance. The Commission will then
formally make its recommendation under LOC 50.07.003.16 to the Council on the Chapter 50
1 ORS 197.015(11): (11) “’Land use regulation’ means any local government zoning ordinance, land division
ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for
implementing a comprehensive plan.”
APPLICANT
City of Lake Oswego
FILE NO.
LU 26-0014, Ordinance 2974
LOCATION
Citywide
STAFF
Jessica Numanoglu, AICP, Community
Development Director
DATE OF REPORT
May 29, 2026
PLANNING COMMISSION HEARING DATE
June 8, 2026
Planning Commission Public Hearing Page 2 of 16 LU 26-0014
June 8, 2026
land use amendments, and separately make an informal recommendation to the Council on the
non-CDC amendments.
II. APPLICABLE REGULATIONS
A. City of Lake Oswego Comprehensive Plan
Land Use Planning
Policies A-1, C-1
Healthy Ecosystems – Natural Resources and Sensitive Lands
Goal 5 Resources – Policy 7
Urban Forest and Vegetation – Policies 1, 4, 5, 6, 8
B. City of Lake Oswego Community Development Code
LOC 50.07.003.16.a Legislative Decisions Defined
LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d Planning Commission Recommendation Required
LOC 50.07.003.16.e City Council Review and Decision
III. BACKGROUND AND DISCUSSION
The Tree Regulation Amendments Project was initiated in 2025 in response to a Council goal to
“implement action items in the 2024 Urban and Community Forest Plan, including an update to
City tree regulations.” Completion of the project is also a 2026 Council goal.
The proposed code amendments are guided by the goals and recommendations of the City’s
2024 Urban and Community Forestry Plan (UCFP) and are intended to improve regulatory
clarity and efficiency, support sustainable urban forest management, and ensure compliance
with state law, including House Bill 2138 (HB 2138) and House Bill 4037 (HB 4037).
HB 2138 was signed into law in 2025 and requires local governments to apply only clear and
objective standards, conditions, and procedures to tree removal codes related to housing
development.2
HB 4037 was signed into law in April 2026 and limits public notice for housing development
applications subject to clear and objective standards to properties within 100 feet of the site, or
within 500 feet when 20 or more units are proposed. The law also limits appeals of these
applications, at both the local level and to the Land Use Board of Appeals (LUBA), to the
applicant only.3
2 See Section 13 of HB 2138:
https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB2138/Enrolled.
3 See Section 17 of HB 4037:
https://olis.oregonlegislature.gov/liz/2026R1/Downloads/MeasureDocument/HB4037/Enrolled
Planning Commission Public Hearing Page 3 of 16 LU 26-0014
June 8, 2026
The proposed code amendments are included in Attachment 2 to Ordinance 2974, Exhibit A-1.
For ease of reference, each amendment is assigned an item number organized in numerical
order in the document. The summary tables below provide an overview of the primary
substantive and technical amendments to the Tree Code, Community Development Code
(CDC), and Article 34.10, Types of Nuisance, along with a reference to the corresponding item
numbers.
The proposed amendments also include a number of general technical and clarifying revisions
that are not included in the summary tables for conciseness. These revisions address minor
issues, such as correcting terminology (e.g., changing “tree cutting permits” to “tree removal
permits”), updating code citations, updating requirements to be more practical (e.g., allow
trees to be flagged with any bright colored ribbon, rather than yellow ribbon only), relocating
standards, and other minor updates for purposes of clarity and consistency. These revisions are
identified by Items 03, 05, 09, 11–14, 17–18, 20, 22, 25, 27, 30, 35, 36–37, and 46–47 in
Attachment 2 to Ordinance 2974.
TREE CODE (CHAPTER 55) AMENDMENTS
SUMMARY TABLE 1-A: TREE CODE - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
04 Revises the existing subjective definition of “Significant
Tree” from a tree “that is considered significant to the
neighborhood due to size, species, or distinctive
character” to a clear and objective table listing specific
species and sizes of trees that are defined as
significant.
LOC 55.02.020, Table 55.02-1
23, 28,
31, 32
Creates a Clear and Objective Type II tree removal
track for the development of housing as required by
HB 2138 (2025). Maintains the existing Discretionary
Track for all other Type II tree removal with rewording
and reorganization for clarity, and to include more
flexibility for applicants to remove semi-hazardous
trees.
LOC 55.02.050(1)(v) (Item 23)
LOC 55.02.080(1) (Item 28)
LOC 55.02.080(1)(b) (Item 32)
26 Adds criteria to the Minor Forest Management permit
to require that the removal of up to six trees or four
sq. ft. of basal area per large forested tract must be
tied to a forest management purpose.
LOC 55.02.072(3)
29, 31 Improves consistency between development and non-
development tree permitting by requiring tree
removal for non-housing development to apply under
the Discretionary Type II Track; expands opportunity
to remove semi-hazardous trees that don’t qualify for
removal under a hazard permit and that do not
otherwise qualify for approval under the existing Type
II criteria.
LOC 55.02.080(1) & (1)(a) (Item
29)
LOC 55.02.080(1)(a)(vii)(B) (Item
30)
Planning Commission Public Hearing Page 4 of 16 LU 26-0014
June 8, 2026
SUMMARY TABLE 1-A: TREE CODE - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
32 Creates tree preservation incentives to retain high
value trees, such as Oregon white oak and Douglas-fir,
under the Clear and Objective Track.
LOC 55.02.080(1)(b)(iv)
34, 44 Streamlines the Type II process for both the
Discretionary and Clear and Objective Tracks by
reducing the notice period from two weeks to one
week, changes the hearing body for an appeal of a
staff decision from the Development Review
Commission to a hearings officer, and removes second
appeal opportunity to the City Council (i.e., the
decision of the hearings officer is final).
LOC 55.02.082(1)(b) (Item 34)
LOC 55.02.085(2) & (3) (Item 44)
11, 33,
38, 44
Separates out notice requirements for Discretionary
Track Type II applications. Limits notice of Type II Clear
and Objective Track applications to properties within
100 ft. of the site and only allows the applicant to
appeal a staff decision in order to comply with HB
4037 (2026).
LOC 55.02.035(1) (Item 11)
LOC 55.02.082(1) (Item 33)
LOC 55.02.082(2) (Item 38)
LOC 55.02.085 (Item 44)
29, 31 NOTE: As recommended in the 2024 UCFP, conflicts
between trees, solar, and other sustainable practices
were evaluated and it was determined that tree
removal for these purposes are permitted under the
Discretionary Type II Track as either a landscaping or
development reason. NO CHANGES PROPOSED.
LOC 55.02.080(1)(a) (Item 29)
LOC 55.02.085(1)(a)(vii) (Item 30)
39, 41 Requires mitigation trees to be planted for Type I
permits (except removal of fruit trees), and for
invasive, dead/declining, Emerald Ash Borer (EAB)
susceptible, and hazard permits if the trees are in the
public right-of-way, Sensitive Lands, or were part of an
approved landscape plan.
LOC 55.02.084(1) & (2) (Item 39)
LOC 55.02.084(4)(a) (Item 41)
29, 31,
41
Exempts City departments from mitigation
requirements for dead/declining, EAB susceptible, and
invasive tree removal to allow departments to
efficiently manage risks from wildfire and pests on
city-owned and managed land.
NOTE: As recommended in the 2024 UCFP, conflicts
between trees and wildfire risk prevention were
evaluated and it was determined that tree removal for
this purpose is permitted under the Discretionary Type
II Track as a landscaping reason.
LOC 55.02.080(1)(a) (Item 29)
LOC 55.02.080(1)(a)(vii) (Item 30)
LOC 55.02.084(4)(a)(v)(E) (Item
41)
41 Requires that the removal of native trees be mitigated
with native trees that have a similar height stature
when feasible to address concerns about large native
LOC 55.02.084(4)(a)(iv) and
(v)(D)
Planning Commission Public Hearing Page 5 of 16 LU 26-0014
June 8, 2026
SUMMARY TABLE 1-A: TREE CODE - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
trees being replaced with small stature trees.
21, 24,
45
Creates a new programmatic tree permit process for
public agencies and utilities to allow for efficient
management of ongoing work plans and routine tree
maintenance for timeframes up to 5 years.
LOC 55.02.042(10) (Item 21)
LOC 55.02.050(1)(c) (Item 24)
LOC 55.02.092(6) (Item 45)
15, 41 Reduces barriers to ash tree removals in preparation
for EAB by allowing removal of susceptible trees with a
simple, over-the-counter permit.
LOC 55.02.042(3) (Item 15)
LOC 55.02.084(4)(a) (Item 41)
SUMMARY TABLE 1-B: TREE CODE - TECHNICAL AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
01 Clarifies relationship between the Tree Code
definitions and related terms defined in the
Community Development Code (Chapter 50)
LOC 55.02.020
15 Allows removal of a dead/declining tree located in
Sensitive Lands if the tree is within striking distance of
property or persons that could be damaged or injured.
LOC 55.02.042(3)(b)
32 Streamlines permitting by allowing dead/declining,
EAB susceptible, invasive, hazard or emergency trees
to be consolidated with a Type II Clear and Objective
Track permit.
LOC 55.02.080(1)(b)(xiii) (Item
32)
50, 51,
52
Clarifies and adds conditions of approval that can be
imposed on tree protection plans to ensure
compliance with tree protection requirements;
clarifies enforcement provisions.
LOC 55.08.020(3) (Item 49)
LOC 55.08.030(5) (Item 50)
LOC 55.08.050 (Item 51)
41, 43 Allows alternative mitigation in the form of removing
invasive species and planting native vegetation in lieu
of planting mitigation trees for city projects where
there is insufficient space to plant trees.
LOC 55.02.084(4) (Item 40)
LOC 55.02.084(4)(c) (Item 43)
02, 48 Updates the Native Tree Mitigation List to note which
tree species are fire resistant, shade and drought
tolerant, and removes the mitigation list as an
appendix in the Tree Code. The mitigation list will
instead be kept on file with the Planning Dept. to allow
efficient updates without necessitating a code
amendment.
LOC 55.02.020(1)(a) (Item 02)
LOC Appendix 55.02-1 (Item 48)
43, 50 Establishes inspection and monitoring and
maintenance requirements for alternative mitigation
allowed for city projects (also see Item 41, above);
LOC 55.02.084(4)(c) (Item 43)
LOC 55.08.020(3) (Item 49)
Planning Commission Public Hearing Page 6 of 16 LU 26-0014
June 8, 2026
SUMMARY TABLE 1-B: TREE CODE - TECHNICAL AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
adds a condition of approval for tree protection plans
for tree mitigation in Sensitive Lands when required.
19 Limits topping permits to utility companies or public
agencies.
LOC 55.02.042(8)
16 Adds a timeframe for tree risk assessments for hazard
tree permits.
LOC 55.02.042(4)
41 Decreases mitigation requirements for Leyland cypress
trees when planted as a hedge row.
LOC 55.02.084(4)(a)(v)(C)
04 Revises definition of “Significant Tree” to include
Heritage Trees, and excludes trees that are
dead/declining, EAB susceptible, hazard, emergency,
invasive, or that qualify under a Type I permit when
referring to the last tree remaining on the site.
LOC 55.02.020
41 Requires mitigation trees for the removal of
dead/declining, EAB susceptible, hazard and invasive
trees located in Sensitive Lands areas to be mitigated
within the Sensitive Lands Overlay.
LOC 55.02.084(4)(a)(i)
07 Revises the definition of “Tree” to exempt palm and
sumac species, and specifies that vine maples and
western serviceberries are defined as trees.
LOC 55.02.020
45 Adds a provision that an incomplete tree permit
application will be voided if an applicant fails to
provide the missing information within 60 days of
being notified by staff.
LOC 55.02.092(7)
06, 08,
10
Updates definitions of “Topping”, “Tree Crown”, and
“Tree Risk Assessor” for consistency with industry
standards.
LOC 55.02.020
49 Updates the Heritage Tree code section for
consistency with proposed amendments to tree
removal and mitigation standards in Article 55.02.
LOC 55.06.040
COMMUNITY DEVELOPMENT CODE (CHAPTER 50) AMENDMENTS
SUMMARY TABLE 2-A: CDC - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
62 Creates soil volume standards for street and parking
lot trees to ensure long-term health.
LOC 50.06.004.1.c.xi
Planning Commission Public Hearing Page 7 of 16 LU 26-0014
June 8, 2026
SUMMARY TABLE 2-A: CDC - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
58, 59 Allows programmatic permits for public agencies and
utilities to apply within Sensitive Lands Overlays (also
see Items 21, 24, and 45).
LOC 50.05.010.5.c.iii(9)(c) (Item
57)
LOC 50.05.010.6.c.i(1)(vii) (Item
58)
60, 61 Requires street trees to be planted for all new single-
family, duplex, and middle housing dwelling units, and
establishes street tree planting standards to prevent
conflicts with utilities, traffic signs and intersections
(i.e., right tree in the right place), and to account for
existing street trees.
LOC 50.06.004.1.a (Item 59)
LOC 50.06.004.1.b (Item 60)
SUMMARY TABLE 2-B: CDC - TECHNICAL AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
54, 58,
59
Clarifies which tree removal and protection
requirements from the Tree Code (LOC Chapter 55)
apply in Sensitive Lands.
LOC 50.05.010.4.d.viii (Item 53)
LOC 50.05.010.5.c.iii(9)(c) (Item
57)
LOC 50.05.010.6.c.i(1)(vii) (Item
58)
56 Revises Sensitive Lands mitigation planting standards
to account for existing native trees that are to remain
in the mitigation area and to increase plant diversity.
LOC 50.05.010.4.g.viii
53 Clarifies tree removal allowed in the Willamette
Greenway Management Overlay.
LOC 50.05.009.3.d
63 Updates the city’s Master Plant List to remove EAB
susceptible species, add invasive species to the
invasive plant list, add additional native plants, and
correct spelling errors and misclassifications of trees
and shrubs.
LOC 50.11.004, Appendix D
55, 57 Updates the Sensitive Lands mitigation requirements
to improve mitigation establishment and monitoring.
LOC 50.05.010.4.g.i (Item 54)
LOC 50.05.010.4.g.viii (Item 56)
LOC ARTICLE 34.10, TYPES OF NUISANCE AMENDMENTS
SUMMARY TABLE 3: LOC Article 34.10 - SUBSTANTIVE AMENDMENTS
ITEM DESCRIPTION CODE SECTION(S)
64 Classifies dead trees that pose a hazard to private
property as a nuisance with enforcement authority by
the city.
LOC 34.10.520(1)(c)
Planning Commission Public Hearing Page 8 of 16 LU 26-0014
June 8, 2026
Public Engagement
Extensive outreach and public engagement were conducted throughout the project to
understand how existing tree regulations function in practice, identify key challenges, and
gather feedback on code concepts and draft amendments.
The City Council appointed a Tree Task Force to serve as a key advisory body in reviewing draft
concepts and proposed code language. The Task Force consists of 12 members representing a
range of perspectives and technical expertise, including board and commission members, tree
professionals, building professionals, members of local watershed councils, and at-large
community members. The group met six times over the course of the project and was charged
with providing input that:
1. Aligns with the intent and scope of UCFP-recommended amendments;
2. Advances the sustainability of Lake Oswego’s urban forest while ensuring regulatory
clarity and efficiency;
3. Complies with applicable state laws.
The project team also engaged the City Council, Planning Commission (PC), Development
Review Commission (DRC), Sustainability Advisory Board (SAB), Parks Board, City staff,
community stakeholders, and the broader public. Seven stakeholder focus groups were
convened representing a range of perspectives, including arborists and utility providers,
developers and businesses, community and advocacy groups, neighborhood associations, tree
removal applicants, boards and commissions, and large landowners. Participants identified
challenges with the current regulations and suggested potential improvements, with discussion
focused on substantive regulatory issues identified in the UCFP.
In addition to stakeholder interviews, broader public outreach included tabling at the City
Emergency Preparedness Fair in September 2025 and the Urban Forest Summit in November
2025, as well as an online open house and survey. These efforts gathered input on community
priorities, values, and concerns related to the urban forest, which informed development of the
draft code concepts and amendments.
Building on this outreach, the project team worked with the Tree Task Force to refine potential
approaches to the identified regulatory issues. Additional study sessions were held with the
City Council and PC in November and December 2025 seeking direction on conceptual
approaches for several of the most complex topics. This guidance established the framework
for developing the draft amendments.
A preliminary draft of the code amendments was reviewed by staff in February 2026, followed
by Tree Task Force review in March 2026 with focused discussion on key topics. Subsequent
drafts were reviewed during joint work sessions with the PC and DRC and with the Parks Board
and SAB in April 2026, followed by a City Council study session and final Task Force review in
May 2026.
Planning Commission Public Hearing Page 9 of 16 LU 26-0014
June 8, 2026
Throughout the project, the City maintained a project website where members of the public
could sign up for project updates and access materials and meeting videos for the Tree Task
Force, boards and commissions, and City Council meetings.
Expanded Discussion of Key Amendments
Type II Clear and Objective Track [LOC 55.02.080(1)(b)] - Items 23, 28, 31,32
HB 2138 requires the city only apply clear and objective standards, conditions and procedures
for tree removal applications involving the development of housing. The existing Type II tree
removal criteria are discretionary, including subjective standards applying to erosion, soil
stability, neighborhood aesthetics, and requiring alternative site plans to retain significant
trees.
Study sessions were held with the Council, PC, and Tree Task Force in November and December
2025 to discuss code concepts for clear and objective standards. Direction was given to staff at
these meetings to develop a Clear and Objective Type II Track that would apply only to housing
development and to keep the existing Discretionary Type II Track for all other Type II
applications, with refinements. For context, approximately 16% of all trees removed annually in
the city are for development purposes, which includes both housing and other types of
development.
Additional study sessions with the Tree Task Force, PC, and DRC were held to refine the
proposed standards. Key components of the proposed Clear and Objective Track include:
• Applies only to the development of new housing units, including the replacement of an
existing dwelling, and to the creation of new residential lots. This Track does not apply to
remodels or additions to housing that do not add any new dwelling units.
• Applicants may elect review under the Discretionary Track if they cannot or choose not to
meet the clear and objective standards.
• Requires retention of either:
o at least 45% of trees greater than 15-inches DBH; or
o at least 45% of total DBH for trees greater than 6-inches DBH,
measured on the development site and abutting rights-of-way. Dead, invasive, ash, fruit,
and hazard trees are excluded from retention calculations.
• For any portion of the minimum tree retention requirement that cannot be met, the
applicant shall pay a standard fee per inch to the Tree Fund. This fee amount will be
established separately by the City Council in the City’s Master Fee Schedule prior to the
effective date of these amendments and will need to be high enough to discourage
payment of fees in lieu of tree preservation, but not so high that it constitutes
“unreasonable cost or delays” for housing development under state law.
• Provides enhanced DBH credit for preservation of high-value tree species, such as Oregon
white oak and Douglas-fir.
Planning Commission Public Hearing Page 10 of 16 LU 26-0014
June 8, 2026
Type II Discretionary Track [LOC 55.02.020; 55.02.080(1)(a)] – Items 04, 28, 29, 31
Existing Type II criteria are retained under a renamed Discretionary Track with several
refinements, including:
• Replacing the current subjective definition of “significant tree” with specific species and size
thresholds, as shown in Table 55.02-1.
Table 55.02-1.
Tree Species Tree Size
Douglas-fir 35-inches DBH or greater
Grand fir, ponderosa pine, western
hemlock, western redcedar 24-inches DBH or greater
Oregon white oak, madrone, pacific
yew
Greater than 15-inches
DBH
Any other non-invasive tree species 30-inches DBH or greater
• An exception to the criterion that tree removal cannot have a significant, negative impact
on the character or aesthetics of the neighborhood is added for semi-hazardous trees. This
exception provides a path for the removal of trees that are classified as a moderate risk by a
Tree Risk Assessor Qualified Arborist within a 5-year timeframe and where there is a
demonstrated history of failure of similar trees on an adjacent site. This responds to public
comments received about the difficulty of removing trees that are perceived as dangerous
but that do not qualify for removal under a hazard or the existing Type II permit.
Notice and Appeals for Type II Applications [LOC 55.02.035; 55.02.082; 55.02.085] – Items 11,
33, 34, 38, 44
Staff held study sessions with the Council, PC, and DRC, and discussed potential changes to the
Type II appeal process with the Tree Task Force in response to public feedback that the process
is time-consuming and contentious. In addition, HB 4037 recently amended notice and appeal
requirements for housing applications processed through the Clear and Objective Track.
Based on public feedback, Tree Task Force input, and HB 4037 requirements, the following
amendments are proposed:
• Reduce the public comment period for Type II applications from 14 days to seven days.
• Separate notice and decision requirements for the Discretionary and Clear and Objective
Tracks to comply with HB 4037, which limits notice for Clear and Objective applications to
properties within 100 feet of the site, or 500 feet for developments proposing 20 or more
units.
• Appeals of a staff decision on all Type II applications would be heard by a hearings officer
instead of the DRC, and the decision of the hearings officer would be final (i.e., no further
appeal to the Council).
Planning Commission Public Hearing Page 11 of 16 LU 26-0014
June 8, 2026
• Limit appeals of Clear and Objective Track applications to the applicant, as required by HB
4037.
Addressing Emerald Ash Borer [LOC 55.02.042(3); 55.02.084] – Items 15, 39, 41
The emerald ash borer (EAB) is an invasive insect that kills ash trees, white fringe trees, and
cultivated olive trees. EAB has been detected in Clackamas County and is expected to spread to
Lake Oswego in the near future. Once infested, ash trees become increasingly brittle and
hazardous over time and typically die within three to seven years.
The proposed amendments add EAB susceptible trees to the Dead Tree Permit category,
allowing removal through an over-the-counter permit regardless of tree condition. Mitigation
would not be required unless the tree is located within the public right-of-way, Sensitive Lands,
or was required by an approved landscape plan.
Minor Forest Management Permits [LOC 55.02.072] – Item 26
The purpose of a Forest Management Permit is to sustain forest cover and health and assist
property owners in managing forested properties on lots a minimum of one acre in size that
contains a least one acre of tree canopy. Currently, a Minor Forest Management Permit allows
the removal of up to six trees or four sq. ft. of basal area per acre without requiring a forest
management purpose for the removal. Some concerns were raised that this provision functions
as a loophole allowing removal in areas not commonly considered forested, including golf
courses.
This issue was discussed at a joint PC and DRC work session on April 13, 2026, and the focus of
the discussion was whether golf courses should be allowed to qualify under a Minor Forest
Management permit. Thirty written comments were received and several members of the
public testified in favor of allowing golf courses to qualify for the permit, referencing the good
stewardship of the Oswego Lake Country Club. Both the PC and DRC expressed support in
allowing golf courses to remain eligible for the permit noting that forest management permits
comprise a very small portion of trees removed from the city annually and that local golf
courses have demonstrated to be good stewards of their properties and recommended they
remain eligible for forest management permits.
At a subsequent study session with the City Council on May 5, the Council supported continuing
to allow golf courses to be eligible for a Minor Forest Management Permit, but directed staff to
add criteria requiring the tree removal be tied to a forest management objective.
The proposed amendments require tree removal under a Minor Forest Management be for the
purposes of forest management, which may include:
• Pest management;
• Disease prevention and treatment;
• Management of species composition; or
• Thinning to improve forest health, or wildfire risk reduction, or to manage a native habitat
type.
Planning Commission Public Hearing Page 12 of 16 LU 26-0014
June 8, 2026
The amendments also specify that forest management purposes do not include mitigating
infrastructure conflicts, view enhancement, development, or other non-forest management
purposes.
Dead Trees on Private Property [LOC 34.10.520(1)] – Item 64
Existing code classifies dead trees threatening public property or rights-of-way as nuisances
subject to City enforcement, but does not address dead trees that may threaten neighboring
private property. During outreach, some residents expressed concern about difficulty resolving
disputes involving dead trees on adjacent private properties.
Staff found that prior to 2013, the code authorized enforcement for dead trees threatening
private property; however, that authority was removed by Ordinance No. 2617 due to the
significant staff resources required to investigate and resolve such disputes. Current practice is
to encourage private resolution and provide free mediation resources through Clackamas
County where appropriate.
This proposed amendment was discussed during the May 5 Council study session and the May
20 Tree Task Force meeting. Council members expressed mixed views, with a slight majority
favoring retention of the existing code provisions. The Tree Task Force unanimously
recommended no change, with one abstention.
To support Planning Commission discussion and facilitate a recommendation to the Council,
draft amendments have been included that would classify dead trees posing a hazard to private
property as nuisances enforceable under City Code.
However, based on the same rationale for removing this provision in 2013, together with the
recommendation of the Tree Task Force and the preference expressed by a slight majority of
the Council, staff recommends retaining the existing code without the amendment.
IV. NOTICE OF APPLICATION
A. Newspaper Notice
On May 27, 2026, public notice of the code amendments and Planning Commission
public hearing was published in the Lake Oswego Review.
B. DLCD and Metro Notices
Pursuant to ORS 197.610 and LOC 50.003.07.16.c, staff has provided notice of the
proposed amendments to DLCD. Staff notified Metro as required by Metro Code
3.07.820(a).
Planning Commission Public Hearing Page 13 of 16 LU 26-0014
June 8, 2026
V. COMPLIANCE WITH APPROVAL CRITERIA
A. CITY OF LAKE OSWEGO COMMUNITY DEVELOPMENT CODE
Notices will be published in the Lake Oswego Review in advance of both the Planning
Commission and City Council hearings. Public comment may be submitted before or during the
forthcoming Planning Commission and City Council hearings. All those who submit comments
on the proposed amendments receive a notice of decision. Notice of the Planning Commission
public hearing has been given to DLCD in the manner provided by LOC 50.07.003.16.c.
Classification of Amendments as a Legislative Decision
The “legislative decision” process per LOC 50.07.003.16.a for adoption of Ordinance 2974 will
be followed for the adoption of amendments to the Community Development Code:
A legislative decision is generally a policy decision which is up to the discretion of the City
Council, but shall:
i. Comply with any applicable state law;
ii. Comply with any applicable statewide planning goal or administrative rule
adopted pursuant to ORS Chapter 197; and
iii. In the case of a legislative amendment to this Community Development Code,
comply with any applicable provision of the Lake Oswego Comprehensive Plan.
The criteria are listed in Applicable Regulations, above, and are addressed in Section B, below.
B. CITY OF LAKE OSWEGO COMPREHENSIVE PLAN
Staff has identified the following Comprehensive Plan Policies applicable to this proposal. Following
each policy or group of policies is a response:
Land Use Planning
Policy A-1: Maintain land use regulations and standards to:
a. Ensure the provision of park and open space lands, and protection of natural
resources;
Finding: The proposed amendments enhance the protection of natural resources by
updating plant spacing and species requirements for mitigation in Sensitive Lands in
order to provide flexibility to account for existing native trees in mitigation areas,
increase plant species diversity, and align with best practices. This policy is met.
///
Policy C-1: Enact and maintain regulations and standards which require:
///
b. Landscaping;
Finding: The proposed amendments require all new single-family, duplex, and middle
housing dwelling units to provide street trees. This policy is met.
Planning Commission Public Hearing Page 14 of 16 LU 26-0014
June 8, 2026
Healthy Ecosystems
GOAL 5
Policy 7: Provide development standards that require the following habitat-friendly
development practices where RP districts, or RC or HBA protection areas, are
established:
a. Retention of existing native vegetation;
b. Removal of invasive plant species and replanting with native plants, where habitat
restoration* is proposed;
c. Use of native plants in new landscaping;
///
Finding: The proposed amendments modify the Sensitive Lands mitigation standards to
provide an exception to the prescriptive planting density requirements when invasive
plants are removed and replaced with native species. The exception allows planting
densities to be reduced to account for existing native trees, supporting the retention of
healthy native trees, and improving the long-term viability of mitigation plantings. This
policy is met.
URBAN FOREST AND VEGETATION
Policy 1: Encourage the protection and enhancement of existing vegetation that has
both natural resource value and aesthetic qualities, including mature trees and native
plant communities.
Finding: As discussed under Goal 5, Policy 1, above, this policy is met.
///
Policy 4: Provide and maintain landscaping standards for new development to:
a. Visually enhance development projects;
b. Provide buffering and screening between differing land uses;
c. Reduce surface water runoff, maintain water quality, and maintain soil stability;
d. Reduce energy use by using vegetation for shade and windbreaks;
e. Encourage the use of native plants; and
f. Ensure the establishment and continued maintenance of landscape areas.
Finding: The proposed amendments include a provision requiring street trees to be
planted for all new single-family, duplex, and middle housing dwellings. This visually
enhances development projects and helps reduce surface water runoff.
The proposed amendments also update Sensitive Lands mitigation planting standards to
ensure the establishment and maintenance of landscaping by specifying that the plant
species be appropriate for the predominant hydrology in the planting zone, that
invasive vegetation be removed from the entire mitigation area during the monitoring
Planning Commission Public Hearing Page 15 of 16 LU 26-0014
June 8, 2026
period, and that new plants be flagged and fitted with herbivory protectors if survival is
affected by herbivory. This policy is met.
Policy 5: Require the establishment and maintenance of landscaped areas in parking lots to:
a. Provide shade and mitigate the negative visual, sound, and environmental impacts of
parking lots; and,
b. Provide buffering and screening between parking lots and adjacent land uses.
Finding: The proposed addition of minimum soil volume standards for street trees and
trees planted in parking lots better assures that the trees can reach mature size for full
screening and buffering benefits, and to provide shade to mitigate the heat island effect
from parking lot paving. This policy is met.
Policy 6: Require street tree planting with new development.
Finding: The proposed amendments require all new single-family, duplex, and middle
housing dwelling units to provide street trees. This policy is met.
///
Policy 8: Preserve and enhance trees and vegetation within rights-of-way and public
lands.
Finding: See Findings under Policies 5 and 8, above. This policy is met.
Conclusion: The proposed amendments are consistent with all applicable Lake Oswego
Comprehensive Plan Policies.
VI. RECOMMENDATION
Based on the information presented in this report, staff recommends approval of the
proposed amendments to the Lake Oswego Tree Code and Community Development
Code. Staff does not recommend approval of the proposed amendments to Article 34.10,
Types of Nuisance.
Note: As noted above in Part I Applicant’s Request, for the public’s and Commission’s
convenience, all proposed amendment are shown in Attachment 2 of Exhibit A-1,
regardless whether the restriction is a “land use regulation” or not. Following the
Commission’s tentative decision on its recommended amendments, staff will separate
non-land use code amendment recommendations into a companion non-CDC ordinance.
The Commission will then formally make its recommendation under LOC 50.07.003.16 to
the Council on the land use code amendments and separately make an informal
recommendation to the Council on the non-CDC code amendments.
Planning Commission Public Hearing Page 16 of 16 LU 26-0014
June 8, 2026
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2974, draft 05/26/2026
Attachment 1: Reserved for City Council Findings (not included)
Attachment 2: Community Development Code Amendments, draft
05/26/2026
B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use]
C. Minutes [No current exhibits; reserved for hearing use]
D. Staff Reports [No current exhibits; reserved for hearing use]
E. Graphics/Plans [No current exhibits; reserved for hearing use]
F. Written Materials [No current exhibits; reserved for hearing use]
G. Letters [No current exhibits; reserved for hearing use]
Tree Task Force meeting materials and videos and staff reports and public meeting materials for
study sessions with the Council and city boards can be found by visiting the project web page for
LU 26-0014. Use the link below to visit the City’s “Project” page.
https://www.ci.oswego.or.us/all-projects
(Under “Search” enter LU 26-0014)
PCPH DRAFT: 05/27/2026
Ordinance 2974 EXHIBIT A-1/PAGE 1 OF 3
ORDINANCE 2974
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF IMPROVING REGULATORY CLARITY
AND EFFICIENCY, SUPPORTING SUSTAINABLE URBAN FOREST MANAGEMENT, AND ENSURING
COMPLIANCE WITH STATE LAW; AND ADOPTING FINDINGS (LU 26-0014).
WHEREAS, an update to the City’s Urban and Community Forestry Plan was adopted by
Resolution 24-24 in June 2024 that included recommendations for updating the City’s tree
regulations; and
WHEREAS, the City Council established a goal to “Combat climate change and strengthen the
community’s resilience to climate impact” in both 2025 and 2026 that included initiatives to
“Implement action items in the 2024 Urban and Community Forest Plan (UCFP), including an
update to City tree regulations” and “adopt an update to City tree regulations”; and
WHEREAS, the amendments to the tree regulations were informed by community engagement,
including focus group meetings with stakeholders, outreach at City events, an online survey,
outreach through social media and City newsletters, and work sessions with the Planning
Commission, Development Review Commission, Sustainability Advisory Board, Parks Board, and
City Council; and
WHEREAS, a Tree Task Force appointed by the City Council consisting of 12 members
representing a range of perspectives and technical expertise, including board and commission
members, tree professionals, building professionals, members of local watershed councils, and
at-large community members, provided input and recommendations on the amendments over
the course of the project; and
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on June 8, 2026, at which
the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 26-0014 be approved by the City
Council; and
WHEREAS, a public hearing on LU 26-0014 was held before the City Council of the City of Lake
Oswego on July 21, 2026, at which the staff report, testimony, and evidence were received and
considered; and
WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community Development
Code) are intended to implement goals and recommendations of the City’s 2024 Urban and
PCPH DRAFT: 05/27/2026
Ordinance 2974 EXHIBIT A-1/PAGE 2 OF 3
Community Forestry Plan and are intended to improve regulatory clarity and efficiency, support
sustainable urban forest management, and ensure compliance with state law;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 26-0014), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikethrough type and adding new text shown in
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
///
PCPH DRAFT: 05/27/2026
Ordinance 2974 EXHIBIT A-1/PAGE 3 OF 3
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 4th day of
September, 2026.
AYES:
NOES:
ABSTAIN:
EXCUSED:
______________________________________
Joseph M. Buck, Mayor
Dated: ____________________________
ATTEST:
______________________________________
Laural Hawkins, City Recorder
APPROVED AS TO FORM:
___________________________
Erica Tatoian, City Attorney
ATTACHMENT 1
Reserved for City Council Findings (not included)
LU 2-001Attachment 1 (Ordinance 294)/Page 1 of 1
1
2026 LAKE OSWEGO TREE REGULATION CODE AMENDMENTS (LU 26-0014)
Planning Commission Hearing Draft – May 26, 2026
Document Key:
New text
Deleted text
Summaries of changes, by Item
ATTACHMENT 2/PAGE 1 OF 88
2
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 ...................................................................................................................................................... 13
ITEM 16 SUMMARY ...................................................................................................................................................... 13
ITEM 17 SUMMARY ...................................................................................................................................................... 14
ITEM 18 SUMMARY ...................................................................................................................................................... 15
ITEM 19 SUMMARY ...................................................................................................................................................... 15
ITEM 20 SUMMARY ...................................................................................................................................................... 15
ITEM 21 SUMMARY ...................................................................................................................................................... 16
ITEM 22 SUMMARY ...................................................................................................................................................... 16
ITEM 23 SUMMARY ...................................................................................................................................................... 17
ITEM 24 SUMMARY ...................................................................................................................................................... 18
ITEM 25 SUMMARY ...................................................................................................................................................... 18
ITEM 26 SUMMARY ...................................................................................................................................................... 19
ITEM 27 SUMMARY ...................................................................................................................................................... 22
ITEM 28 SUMMARY ...................................................................................................................................................... 22
ITEM 29 SUMMARY ...................................................................................................................................................... 23
ITEM 30 SUMMARY ...................................................................................................................................................... 23
ITEM 31 SUMMARY ...................................................................................................................................................... 24
ITEM 32 SUMMARY ...................................................................................................................................................... 27
ITEM 33 SUMMARY ...................................................................................................................................................... 28
ITEM 34 SUMMARY ...................................................................................................................................................... 29
ATTACHMENT 2/PAGE 2 OF 88
3
ITEM 35 SUMMARY ...................................................................................................................................................... 29
ITEM 36 SUMMARY ...................................................................................................................................................... 30
ITEM 37 SUMMARY ...................................................................................................................................................... 30
ITEM 38 SUMMARY ...................................................................................................................................................... 31
ITEM 39 SUMMARY ...................................................................................................................................................... 32
ITEM 40 SUMMARY ...................................................................................................................................................... 33
ITEM 41 SUMMARY ...................................................................................................................................................... 34
ITEM 42 SUMMARY ...................................................................................................................................................... 34
ITEM 43 SUMMARY ...................................................................................................................................................... 36
ITEM 44 SUMMARY ...................................................................................................................................................... 38
ITEM 45 SUMMARY ...................................................................................................................................................... 39
ITEM 46 SUMMARY ...................................................................................................................................................... 40
ITEM 47 SUMMARY ...................................................................................................................................................... 41
ITEM 48 SUMMARY ...................................................................................................................................................... 44
ITEM 49 SUMMARY ...................................................................................................................................................... 45
ITEM 50 SUMMARY ...................................................................................................................................................... 48
ITEM 51 SUMMARY ...................................................................................................................................................... 49
ITEM 52 SUMMARY ...................................................................................................................................................... 50
ITEM 53 SUMMARY ...................................................................................................................................................... 53
ITEM 54 SUMMARY ...................................................................................................................................................... 54
ITEM 55 SUMMARY ...................................................................................................................................................... 56
ITEM 56 SUMMARY ...................................................................................................................................................... 58
ITEM 57 SUMMARY ...................................................................................................................................................... 59
ITEM 58 SUMMARY ...................................................................................................................................................... 60
ITEM 59 SUMMARY ...................................................................................................................................................... 62
ITEM 60 SUMMARY ...................................................................................................................................................... 63
ITEM 61 SUMMARY ...................................................................................................................................................... 64
ITEM 62 SUMMARY ...................................................................................................................................................... 67
ITEM 63 SUMMARY ...................................................................................................................................................... 87
ITEM 64 SUMMARY ...................................................................................................................................................... 87
ATTACHMENT 2/PAGE 3 OF 88
4
ITEMS — KEY TREE REGULATION ISSUE (Not hyperlinked)
Substantive Revisions
Development Related Revision Related Items
1.Creating clear and objective standards for needed housing Item 23, 28, 32
2.Consistency between development and non-development tree permitting Item 29, 31
3.Creating tree preservation incentives Item 32
4.Creating soil volume standards for street and parking lot trees Item 62
5.Creating canopy standards for commercial and industrial development Item 62
6.Evaluating appeals process to reduce delays and conflicts between groups Item 34, 44
7.Reducing conflicts between trees, solar, and other sustainable practices Item 29, 31
Non-Development Related Revision Related Items
1.Revising definition of large-forested tract Item 26
2.Requiring mitigation trees for more tree removal permit types Item 39, 41
3.Assessing tree regulations to support wildfire-resistant landscaping Item 29, 31, 41, 43
4.Codifying requirement to plant large stature mitigation trees where possible Item 41
5.Creating programmatic permit process for public agencies and utilities Item 21, 24, 43, 45, 58, 59
6.Clarifying street tree maintenance responsibilities [This issue has been removed from the draft amendments
and will be addressed separately with the Council at a later time]
Technical Revisions
Development Related Revision Related Items
1.Consolidating tree regulations Item 01
2.Clarifying tree removal and protection requirements in sensitive lands Item 15, 54, 58, 59
3.Reviewing sensitive lands tree species and diversity requirements Item 56
4.Clarifying Greenway Management tree removal requirements Item 53
5.Requiring street tree planting for all new development Item 60, 61
6.Developing standards for planting the “right street tree for the right place”Item 61
7.Streamlining tree permitting processes Item 32, 34
8.Providing tree protection regulation enforcement updates Item 50, 51, 52
9.Providing mitigation alternatives (e.g. invasive removal, native shrubs, etc.)Item 40, 43
Non- Development Related Revision Related Items
1.Updating tree mitigation and planting lists Item 02, 48, 63
2.Updating mitigation fees and planting inspection requirements Item 32, 43, 50, 55, 57, 61, 62
3.Limiting topping permits to utility companies Item 19
4.Adding a timeframe for tree risk assessments Item 16
5.Creating a more consistent process for hazard and potential hazard tree submittals
and approvals
Item 15, 31
6.Evaluating options for addressing dead and hazard trees on neighboring properties Item 15, 64
7.Reducing barriers to ash tree removals in preparation for EAB Item 15, 41, 43, 58, 59
8.Explore options for simplifying processes to remove Leyland cypress and consider
mitigation requirements when dense rows of Leylands are permitted for removal
Item 41
9.Revising type 2 criteria for removing last tree on property to exclude certain trees
(dead, nuisance, etc.)
Item 04
10.Requiring mitigation in sensitive lands for tree removals in sensitive lands Item 41
11.Consider exempting palm and sumac species from tree code under definition of
“tree”
Item 07
12.Allowing permit application expiration when no communication from applicants Item 45
13.Updating definition of topping for consistency with industry standards Item 06
ATTACHMENT 2/PAGE 4 OF 88
5
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.
above the root ball (for nursery stock or other trees not in ground), or if planted, the ground.
ATTACHMENT 2/PAGE 5 OF 88
6
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 are suitable mitigation for the
removal of a native tree approved by a Type II permit (LOC§ 55.02.080; LOC § 55.02.084(4)(a)(ii)).
Item 02 Summary
Separates the Native Mitigation Tree List from the code to be kept on file with the Planning Department so
ATTACHMENT 2/PAGE 6 OF 88
7
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 species and sizes listed in Table 55.02-1
over 15 in. DBH that is considered significant to the neighborhood due to size, species, or distinctive
character, a Heritage Tree, 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.
Table 55.02-1.
Tree Species Tree Size
Douglas-fir 35-inch DBH or greater
Grand fir, ponderosa pine, western
hemlock, western redcedar 24-inch DBH or greater
Oregon white oak, madrone, pacific yew Greater than 15-inch DBH
Any other non-invasive tree species 30-inch DBH or greater
ATTACHMENT 2/PAGE 7 OF 88
8
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 clear and predicable for applicants, the public,
and City staff by creating a specific list of tree species and sizes that are automatically classified as
significant. This list of significant trees also provides a clear and objective basis for requiring 2:1 mitigation
for significant trees removed under the Type II Clear and Objective Track.
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:
a detached home, a townhouse or rowhouse, a zero lot line dwelling, duplex, or a condominium unit where
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 .
ATTACHMENT 2/PAGE 8 OF 88
9
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
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]
ATTACHMENT 2/PAGE 9 OF 88
10
This chapter does not apply to the removal of trees less than six in. DBH.
§ 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.
EXCEPTION: The notice, hearing, and appeal procedures otherwise applicable to the proposed major or
minor development do not apply to tree removal processed through the Type II Clear and Objective
Track (LOC § 55.02.080(1)(b)). Instead, the notice, hearing, and appeal procedures set forth in LOC §
55.02.082(2) and LOC § 55.02.085 for the Clear and Objective Track shall apply.
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.
ATTACHMENT 2/PAGE 10 OF 88
11
• Updates terminology for clarity and consistency.
• Adds an exception to the minor and major development noticing, hearing, and appeal procedures for
the Type II Clear and Objective Track. HB 4037 (2026), effective on July 1, 2026, was recently
signed into law and only allows the City to provide notice for residential development subject to clear
and objective standards to properties within 100 feet of the site or 500 feet of the site for 20 or more
units and only allows the applicant to appeal a decision on the application.
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
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 1 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.
ATTACHMENT 2/PAGE 11 OF 88
12
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 Ttree per LOC Article 55.06;
iv.Located within an RC or RP district or an HBA protection area;
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,
ATTACHMENT 2/PAGE 12 OF 88
13
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
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
hazard 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
ATTACHMENT 2/PAGE 13 OF 88
14
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
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.
ATTACHMENT 2/PAGE 14 OF 88
15
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
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.
ATTACHMENT 2/PAGE 15 OF 88
16
•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
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.
ATTACHMENT 2/PAGE 16 OF 88
17
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
the purpose is to carry out the plan; and
v.A tree protection plan, where an application is for a Clear and Objective Track Type II
tree permit under LOC § 55.02.080(1)(b). The plan shall be prepared in accordance
with LOC § 55.08.020 and include the location and unique tree identification number
label for each tree identified on the plan; and
A.A tabular inventory of existing trees prepared by a certified arborist that includes,
at a minimum, the following information for each tree identified on the site plan:
(i)Unique tree identification number corresponding to the site plan;
(ii)Species;
(iii)Diameter at breast height (DBH);
(iv)Crown radius;
(v)Health and hazard condition;
(vi)Whether the tree is proposed for removal or retention;
(vii)Tree locations on-site, off-site, and within all public rights-of-way abutting
the site;
(viii)Identification of trees that are dead, dying, invasive, hazard trees, fruit trees,
susceptible to emerald ash borer (EAB), or otherwise eligible for a Type I
tree removal permit;
(ix)Identification of trees meeting the definition of a significant tree; and
(x)Calculations demonstrating compliance with the applicable tree retention
percentages in LOC § 55.02.080(1)(b)(i) or (ii).
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:
ATTACHMENT 2/PAGE 17 OF 88
18
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
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]
ATTACHMENT 2/PAGE 18 OF 88
19
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 Hheritage Ttree 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).
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) for the purposes of forest management, including:.
i. Pest management;
ii. Disease prevention and treatment;
iii. Management of species composition; or
iv. Thinning to improve forest health, or for wildfire risk reduction, or to manage a native
habitat type.
b. Forest management purposes do not include tree removal for infrastructure conflicts, view
enhancement, site development, or other non-forest management purposes.
Item 26 Summary
• Corrects terminology and the code citation to the Oswego Lake Setback and
• The project initially considered making golf courses ineligible for forest management permits since
the land use may conflict with sustaining tree canopy cover. This issue was discussed during a joint
work session with the PC and DRC after considering public comments on the matter and the
ATTACHMENT 2/PAGE 19 OF 88
20
Commissions discussed that forest management permits comprise a very small portion of trees
removed from the city annually and that local golf courses have demonstrated to be good stewards of
their properties and should remain eligible for forest management permits.
However, at a subsequent Council work session on May 5, 2026, the issue was discussed as not being
specific to golf course uses, but rather that the minor forest management permit criteria should be
tied to a legitimate forest management objective. The Council agreed that criteria should be added to
the Minor Forest Management Permit outlining what constitutes forest management activities for the
removal of up to six trees or four square ft. of basal area per year. Six types of forest management
activities were added as acceptable forest management objectives for removal. Clarification is also
added that tree removal for development, view enhancement, and other non-forest management
reasons is not allowed under a minor forest management permit.
Key Issues Addressed: Revising definition of large-forested tract (note: through public process it was
recommended by the PC and DRC that the definition of large-forested tract should remain unchanged;
however, guidance for what constitutes forest management activities has been added as directed by a majority
of Council.)
c. 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.
d. 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.
e. 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
ATTACHMENT 2/PAGE 20 OF 88
21
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
(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]
ATTACHMENT 2/PAGE 21 OF 88
22
§ 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]
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.
The City Manager may require an arborist’s report to address the criteria for a permit.
1. Applicability. An applicant for a Type II Tree Removal Permit shall demonstrate compliance
with the clear and objective 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 or, 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.
ATTACHMENT 2/PAGE 22 OF 88
23
B. ii. 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
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 to install or utilize solar features (defined in Chapter 50) or for
wildfire risk reduction consistent with LOFD guidelines may be proposed under the Type II discretionary
track criteria.
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. c. 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.;
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 30 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.
ATTACHMENT 2/PAGE 23 OF 88
24
General Technical Revision, no key issues addressed.
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
landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on
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 31 Summary
ATTACHMENT 2/PAGE 24 OF 88
25
• The exceptions criteria have been reorganized and numbered.
• 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 – Residential Development
The Clear and Objective Track applies only to tree removal associated with the construction
of one or more new dwelling units or the creation of residential lots. Tree removal for related
improvements, such as utilities, driveways, accessory structures, and landscaping, may be
included in the same Type II application provided the permits for the improvements are
applied for, reviewed, and issued concurrently with the permits for the new unit(s) or lot(s).
The following criteria shall be met:
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 (Quercus garryana); and
B. 125% credit for retained grand fir (Abies grandis), bigleaf maple (Acer
macrophyllum), Pacific madrone (Arbutus menziesii), Douglas-fir (Pseudotsuga
menziesii), Pacific yew (Taxus brevifolia), and western redcedar (Thuja plicata).
v. The following trees are not subject to retention or eligible for retention credit in this
subsection:
A. Dead or declining trees;
ATTACHMENT 2/PAGE 25 OF 88
26
B. Ash (Fraxinus spp.), white fringetree (Chionanthus virginicus), 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.
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 is not permitted.
ix. A tree protection plan in accordance with LOC § 55.02.050(1)(b)(v) 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, or
Emergency 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
ATTACHMENT 2/PAGE 26 OF 88
27
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.
• Specifies that the clear and objective track only applies to one or more new dwelling units or the
creation of residential lots, but allows tree removal for related improvements (e.g., accessory
structures, pools, landscaping, etc.) to be consolidated with the clear and objective application as long
as the related improvements are reviewed and permitted concurrently with the new dwelling or lot.
This will allow for efficient permitting and will reduce confusion if an applicant were required to
apply for both clear and objective and discretionary Type II permits concurrently. Applicants can
also combine dead, invasive, and hazard permits with the C&O track permit to streamline
administration. The C&O track does not apply to an addition or remodeling of an existing dwelling
unless it results in a new dwelling unit (e.g., an ADU addition to an existing dwelling); however, the
C&O track does apply to the replacement of an existing dwelling.
• Minimum retention requirements can be met by preserving a minimum percent of either the total
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. The following staff decision and notice requirements apply to Discretionary Type II tree removal
permits and major forest management permits:
a. 1.An applicant for a Discretionary Type II tree cutting removal permit or a major forest
management permit shall:
ATTACHMENT 2/PAGE 27 OF 88
28
i. a. Complete a public notice form. City staff shall distribute the notice to the neighborhood
association whose boundaries include the proposed tree removal site;
ii. b. Complete a certification that the property will be posted and the trees will be marked
pursuant to this section;
iii. 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:
A. 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;
B. ii. The following dates regarding the application:
• A. Last date to submit written comments;
• B. Expected date for issuance of tentative decision;
C. iii. Telephone number, City website address, and Planning Department location and
hours to obtain information about the application, submit comments, obtain the
tentative decision, and determine the last date to request a hearing.
iv. 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
A. 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;
v. e. Maintain the tree marking and public notice sign until the final decision is issued.
Item 33 Summary
Updates to clarify the Discretionary Type II tree removal permit process. The notice requirements for the
Discretionary Type II process have been separated from the Clear and Objective Type II process for
compliance with HB 4037 (2026). Per HB 4037, for applications processed through the Clear and Objective
Track, the city may only provide public notice to properties within 100 feet of the development site and only
the applicant can appeal the decision.
General Technical Revision, no key issues addressed.
ATTACHMENT 2/PAGE 28 OF 88
29
b. 2. After the close of the 147-day comment period for a Discretionary Type II tree removal
permit or a major forest management permit:
Item 34 Summary
Reduces the public comment period by one week for all Discretionary 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.
i. 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.
ii. 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.
iii. c. The tentative decision shall be posted on a Planning Department 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.
iv. 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.
c. 3. If no request for a hearing is received within seven days after the tentative decision for a
Discretionary Type II tree removal permit or a major forest management permit 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.
d. 4. If a request for hearing is timely filed for a Discretionary Type II tree removal permit or a
major forest management permit, City staff shall immediately post a red sign on the subject
ATTACHMENT 2/PAGE 29 OF 88
30
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 with applicants.
General Technical Revision, no key issues addressed.
e. 5. Failure to install or maintain the required notice and marking may result in denial or delay in
issuance of the Discretionary Type II tree removal permit or a major forest management
permit or revocation of an approved permit.
f. 6. The tree removal cutting permit for a Discretionary Type II tree removal permit or a major
forest management 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.
2. The following staff decision and notice requirements apply to Clear and Objective Type II tree
removal permits:
a. An applicant for a Clear and Objective Type II tree removal permit shall:
i. Complete a public notice form. City staff shall mail the notice to property
owners within 100 feet of the proposed tree removal site;
ii. Complete a certification that the trees will be marked pursuant to this section;
iii. Mark each tree proposed to be removed by tying or attaching a bright colored
plastic tagging tape to the tree trunk at 4.5 ft. above mean ground level, on or
prior to the same day the public notice form is submitted to the City; and
iv. Maintain the tree marking until the final decision is issued.
b. Review of the Clear and Objective Type II tree removal permit application shall be
suspended until the associated building or development 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
ATTACHMENT 2/PAGE 30 OF 88
31
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 removal permit application, the applicant shall
modify the tree removal permit application so that the proposed development is
materially consistent with the development in the associated building permit; the tree
removal permit application shall then be renoticed for a new public notice period.)
c. The tentative decision for a Clear and Objective Type II tree removal permit shall be
posted on a Planning Department internet case file webpage, referencing the address
stated in the posted notice and stating the deadline for the applicant to file a request for
hearing.
d. Notice of the tentative decision for a Clear and Objective Type II tree removal permit
shall be provided to the applicant by email. If the applicant does not provide an email
address but does provide a mailing address, notice shall be sent by first-class mail.
e. If no request for a hearing is received from the applicant within seven days after the
tentative decision for a Clear and Objective Type II tree removal permit is issued and
notice of tentative decision is given to the applicant, the tentative decision shall be the
final decision.
f. If a request for hearing is timely filed by the applicant for a Clear and Objective Type
II tree removal permit, City staff shall mail notice to the applicant and property owners
within 100 feet of the proposed tree removal site within three business days of the
request for hearing, stating a tentative decision on an application for tree removal was
issued, a timely request for hearing was filed by the applicant, and the location, time and
date of the hearing.
g. The Clear and Objective Type II tree removal permit shall be issued promptly after the
decision approving the tree removal application is final, any concurrent building or
development permits are issued, and the applicant has completed all conditions of
approval required prior to the issuance of the tree removal permit.
Item 38 Summary
The notice requirements for the Clear and Objective Type II process have been separated from the
Discretionary Type II process for compliance with HB 4037. HB 4037 only allows public notice for
properties within 100 feet of the development site and appeals only by the applicant for tree removal
associated with Clear and Objective housing development.
General Technical Revision to comply with HB 4037, no key issues addressed.
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
ATTACHMENT 2/PAGE 31 OF 88
32
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
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.cd 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
ATTACHMENT 2/PAGE 32 OF 88
33
replace the trees to be removed. Trees shall be planted according to the specifications in the City
Tree Planting and Maintenance Guidelines.
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 City’s Master Plant List for each tree removed.
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 for the removal of a native tree on the
City’s Master Plant List shall be with a species from the Native Mitigation Tree List
[Appendix 55.02-1].
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.
ATTACHMENT 2/PAGE 33 OF 88
34
C. If the tree removal includes a contiguous row of Leyland cypress (× Cupressocyparis
leylandii) 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.
E. Dead, Declining, or EAB Susceptible, and Invasive Tree Species permitted to be
removed from City-owned parks or natural areas are not required to be replaced.
iv. Other Tree Cutting 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 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.
• Exempts permitted dead, declining, or EAB susceptible and invasive tree removals from replacement
in City parks to remove barriers to EAB, invasive, and wildfire risk reduction as recommended by the
Parks Board and Sustainability Advisory Board. These Boards noted that the Parks Dept. annually
plants significantly more trees than are removed from parks and natural areas and the code should be
flexible to allow the department to efficiently manage risks from wildfire and pests.
Key Issues Addressed:
• Requiring mitigation trees for more tree removal permit types
• 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
• Assessing tree regulations to support wildfire-resistant landscaping
• Reducing barriers to ash tree removals in preparation for EAB
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
ATTACHMENT 2/PAGE 34 OF 88
35
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. If in the City's determination mitigation by
planting replacement trees is not practicable, 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
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.
ATTACHMENT 2/PAGE 35 OF 88
36
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 Cutting Removal Permit and
Major Forest Management 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 following procedures are required to request a hearing for Type II tree removal permits and
major forest management permits:
a. 1. The applicant, neighborhood association, or any person who submitted written comments may
request a hearing on a Discretionary Type II tree cutting removal permit and major forest
management 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.
b. 2. Only the applicant may request a hearing on a Clear and Objective Type II tree removal
ATTACHMENT 2/PAGE 36 OF 88
37
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:
a. For Discretionary Type II tree removal permits and major forest management permits, 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.
b. For Clear and Objective Type II tree removal permits, to the applicant and property owners
within 100 feet of the proposed tree removal site. 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.
4. A decision of the DRC shall not become final for ten days from the date of adoption of written findings.
Any person who appeared before the DRC either orally or in writing may appeal the decision of the
DRC to the City Council by filing a written notice of intent to appeal, along 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
hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on
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 §
50.07.003(7)(d) through (f) (except the minimum time the staff report must be available for review prior
to the appeal hearing is three days), (7)(h) through (l), (7)(m) (except any land use review deadline is
not applicable), (7)(n), and (7)(o)(i) through (iv). The decision of the Council shall be final.
ATTACHMENT 2/PAGE 37 OF 88
38
Item 44 Summary
• Updates terminology for clarity and consistency.
• Changing the review body for Type II tree removal permits from DRC to a Hearings Officer
appointed by City Council was recommended by the Tree Task Force and the Planning and
Development Review Commissions. It was noted that tree appeals are often contentious and a
professional hearings officer (typically a land use attorney) has experience in applying code criteria
in a neutral manner, which would better ensure consistent and even application of the Tree Code.
• 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. This amendment was also
recommended by the Tree Task Force and the Planning and Development Review Commissions.
• The notice requirements for the Clear and Objective Type II process have been separated from the
Discretionary Type II process for compliance with HB 4037 (2026). HB 4037 only allows the city to
provide public notice to properties within 100 feet of the development site and only allows the
applicant to appeal applications under the Clear and Objective Track.
Key Issues Addressed:
• Evaluating appeals process to reduce delays and conflicts between groups
• General Technical Revision to comply with HB 4037
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
ATTACHMENT 2/PAGE 38 OF 88
39
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.
• 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.
ATTACHMENT 2/PAGE 39 OF 88
40
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 Department 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
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]
ATTACHMENT 2/PAGE 40 OF 88
41
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
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 Hheritage Ttree, per LOC Article 55.06,
C. Expressly protected or required to be preserved as a condition of approval of any permit
ATTACHMENT 2/PAGE 41 OF 88
42
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.
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 Oswego Appendix 55.02-1
Native Mitigation Tree List
[Ord. No. 2772, Added, 2-6-2018; Ord. No. 2830, Amended, 10-1-2019] LESS THAN
50 FT (15 M) HIGH
CONIFERS
Baker Cypress, Modoc Cypress (Cupressus bakeri) western
juniper (Juniperus occidentalis)
Rocky mountain juniper (Juniperus scopulorum) whitebark
pine (Pinus albicaulis)
knobcone pine (Pinus attenuata)
shore pine (Pinus contorta var. contorta) limber
ATTACHMENT 2/PAGE 42 OF 88
43
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
nuttallii ‘Venus’) and Eddie’s White Wonder dogwood (Cornus nuttallii x florida) ‘Eddie’s
White Wonder).]
Douglas hawthorn (Crataegus douglasii)
Oregon crabapple, Pacific crabapple (Malus fusca) bitter cherry
(Prunus emarginata)
cascara, chittam, cascara buckthorn (Rhamnus purshiana) Pacific willow
(Salix lasiandra)
Scouler’s willow (Salix scouleriana) Sitka willow
(Salix sitchensis)
50-75 FT (15-23 M) HIGH
CONIFERS
subalpine fir, Rocky Mountain fir (Abies 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 breweriana)
DECIDUOUS AND *BROAD-LEAVED EVERGREEN
white alder (Alnus rhombifolia) red alder
(Alnus rubra)
paper birch (Betula papyrifera)
narrowleaf cottonwood (Populus angustifolia) quaking aspen
(Populus tremuloidesLAKE OSWEGO CODE
*canyon live oak (Quercus chrysolepis) Oregon
white oak (Quercus garryana) California black
oak (Quercus kelloggii)
75-100 FT (23-30 M) HIGH
CONIFERS
incense-cedar (Calocedrus decurrens)
Alaska cedar, yellow cypress (Chamaecyparis nootkatensis (syn. Xanthocyparis nootkatensis)) Engelmann
spruce (Picea engelmannii)
lodgepole pine (Pinus contorta var. latifolia) mountain
hemlock (Tsuga mertensiana)
DECIDUOUS AND *BROAD-LEAVED EVERGREEN
bigleaf maple (Acer macrophyllum)
*Pacific madrone (Arbutus menziesii)
*tanoak (Lithocarpus densiflorus)
*Oregon myrtle, California bay (Umbellularia californica)
MORE THAN 100 FT (30 M) HIGH
ATTACHMENT 2/PAGE 43 OF 88
44
CONIFERS
Pacific silver fir (Abies amabilis) white fir
(Abies concolor)
grand fir (Abies grandis) California red fir
(Abies magnifica) noble fir (Abies procera)
western larch (Larix occidentalis) Sitka
spruce (Picea sitchensis) Jeffrey pine
(Pinus jeffreyi)
sugar pine (Pinus lambertiana) western white
pine (Pinus monticola)
Willamette Valley ponderosa pine (Pinus ponderosa var. willamettensis) Douglas fir
(Pseudotsuga menziesii)
coast redwood (Sequoia sempervirens) western red
cedar (Thuja plicata) western hemlock (Tsuga
heterophylla)
DECIDUOUS AND *BROAD-LEAVED EVERGREEN
*golden chinkapin (Chrysolepis chrysophylla) black
cottonwood (Populus trichocarpa)
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 55.06
Heritage Trees
///
§ 55.06.040. Protection of Heritage Trees. [Ord. No. 2159, Enacted, 11-4-1997; Ord. No. 2260,
Amended, 9-5-2000; Ord. No. 2289, Amended, 6-5-2001; Ord. No. 2721, Amended,
7-19-2016]
1. Unless the tree qualifies for an emergency, dead, dying or EAB susceptible, or hazard tree removal
permit, a permit to remove a designated Heritage Tree shall be processed as a Type II Tree Removal
Permit subject to the criteria contained in LOC § 55.02.08(1)(a), as modified by subsection (2) of this
section.
2. If an application to remove a Heritage Tree is sought pursuant to LOC § 55.02.080(1)(a) the applicant
shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the
public right-of-way under City or county jurisdiction, then the burden imposed on the respective City
or county by the continued presence of the tree outweighs the public benefit provided by the tree in
order to comply with 55.02.080(3)(1)(a)(iii). For the purposes of making this determination, the
following tree impacts shall not be considered unreasonable burdens on the property owner, or if
appropriate, the City or county:
a. View obstruction;
ATTACHMENT 2/PAGE 44 OF 88
45
b. Routine pruning, leaf raking and other maintenance activities; and
c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning
or maintenance.
3. Unless the permit is to remove an emergency, dead, or hazard tree pursuant to LOC
§ 55.02.042(3) or (4), tThe applicant to remove a heritage tree shall be required to mitigate for the
loss of the tree pursuant to LOC § 55.02.084.
4. Any person who removes a Heritage Tree in violation of this article shall be subject to the penalties
provided in LOC § 55.02.130. In addition, the violator shall be subject to double the enforcement fee
established pursuant to LOC § 55.02.130(3).
///
Item 49 Summary
These technical amendments are required since the definition of significant tree in Article 55.02 now includes
“Heritage Trees” heritage trees can only be removed through a Type II discretionary tree removal permit
(LOC § 55.02.080(1)(a)). Other updates to this subsection are to update code cross references.
General Technical Revision, no key issues addressed.
ATTACHMENT 2/PAGE 45 OF 88
46
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;
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
ATTACHMENT 2/PAGE 46 OF 88
47
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. c. 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. d. Limiting material transport to hand work only;
k. Limiting excavation to hand digging only within tree protection zone(s);
l. e. Use of a pier and grade beam design, or other techniques to protect tree roots;
m. f. 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;
ATTACHMENT 2/PAGE 47 OF 88
48
o. h. 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. k. 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 50 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
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.
ATTACHMENT 2/PAGE 48 OF 88
49
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 51 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
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.
ATTACHMENT 2/PAGE 49 OF 88
50
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 Hheritage Ttree, 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 52 Summary
Technical edits to clarify enforcement provisions.
Key Issues Addressed: Providing tree protection regulation enforcement updates
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:
ATTACHMENT 2/PAGE 50 OF 88
51
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.
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.
ATTACHMENT 2/PAGE 51 OF 88
52
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
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
ATTACHMENT 2/PAGE 52 OF 88
53
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 53 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.
///
4. Generally Applicable Standards for Lands With RP Districts, RC Districts, and HBA Protection
Areas.
///
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:
ATTACHMENT 2/PAGE 53 OF 88
54
(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).
Item 54 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.]
ATTACHMENT 2/PAGE 54 OF 88
55
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.
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
ATTACHMENT 2/PAGE 55 OF 88
56
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 55 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:
(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
ATTACHMENT 2/PAGE 56 OF 88
57
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.
(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
ATTACHMENT 2/PAGE 57 OF 88
58
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 two 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 56 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
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
ATTACHMENT 2/PAGE 58 OF 88
59
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 57 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
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 §
ATTACHMENT 2/PAGE 59 OF 88
60
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 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 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:
• 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,
ATTACHMENT 2/PAGE 60 OF 88
61
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) and Hhazard 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 § 55.02.042.6,
except that mitigation shall be required as described in LOC §
55.02.084,.
(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.
ATTACHMENT 2/PAGE 61 OF 88
62
Item 59 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;
(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
ATTACHMENT 2/PAGE 62 OF 88
63
(11) New single-family, duplex, and middle housing dwelling units.
Item 60 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,
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.
ATTACHMENT 2/PAGE 63 OF 88
64
(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 61 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 will be adopted by City Council as part of a separate process.
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
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.
ATTACHMENT 2/PAGE 64 OF 88
65
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.[1]
[1]Editor’s Note: Ord. 2695 incorrectly showed the partial amendment to a
subsection that did not then exist; codified here as Subsection 1.b.vxiii.
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.
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.
ATTACHMENT 2/PAGE 65 OF 88
66
(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
(feet)
Minimum soil volume requirement
(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
(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.
ATTACHMENT 2/PAGE 66 OF 88
67
(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 62 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
///
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
ATTACHMENT 2/PAGE 67 OF 88
68
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
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
ATTACHMENT 2/PAGE 68 OF 88
69
Rosa gymnocarpa Baldhip rose
Rosa nutkana Nootka rose
Rosa pisocarpa Clustered wild rose
Rubus parviflorus Thimbleberry
Rubus spectabilis Salmonberry
Sambucus cerulea Blue elderberry
Sambucus racemosa Red elderberry
Spiraea douglasii Douglas spiraea
Symphoricarpos 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
Frangula purshiana Cascara
Fraxinus latifolia Oregon ash
Pinus contorta var. contorta Shore pine
Pinus ponderosa var. benthamiana Willamette Valley Pponderosa pine
Populus trichocarpa Black cottonwood
Prunus emarginatus emarginata Bitter cherry
Pseudotsuga menziesii Douglas fir
Quercus garryana Oregon white oak
Rhamnus purshiana Cascara
ATTACHMENT 2/PAGE 69 OF 88
70
Salix fluviatilis Columbia River willow
Salix lasiandra Pacific willow
Salix scouleriana Scouler’s willow
Salix sitchensis Sitka willow
Taxus brevifolius brevifolia Western yew
Thuja plicata Western redcedar
Tsuga heterophylla Western hemlock
Sambucus cerulea Blue elderberry
Sambucus racemosa Red elderberry
Spiraea 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
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
Asarum caudatum Wild ginger
ATTACHMENT 2/PAGE 70 OF 88
71
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. grandiflora 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
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
ATTACHMENT 2/PAGE 71 OF 88
72
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
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
ATTACHMENT 2/PAGE 72 OF 88
73
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
Polypodium glycyrrihiza Licorice fern
Polystichum munitum Swordfern
Pteridium aquilinum Bracken fern
Thelypteris nevadensis Wood fern
ATTACHMENT 2/PAGE 73 OF 88
74
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
Crataegus monogyna 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,
Cirsium vulgare, C. arvense
Thistles (plumless, smooth distaff, woolly distaff,
bull, Canadian)
ATTACHMENT 2/PAGE 74 OF 88
75
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 Periwinkle/vinca
Vines
Clematis ligusticifolia Western clematis
Clematis vitalba Traveler’s joy
Convolvulus sepium Morning glory
Hedera genus, including all cultivars of hedera helix and
hedera hibernica
Ivy, including English ivy
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
ATTACHMENT 2/PAGE 75 OF 88
76
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
Leaves block drainage, roots buckle sidewalks
Big-leaf maple
Acer negundo
Insects, weak wooded
Box elder
Acer rubrum
Shallow rooted
Red maple
Acer saccharinum
Shallow rooted, weak wooded
Silver maple
Aesculus hippocastanum
Messy fruits
Common horsechestnut
Betulus species
Insects, weak wooded
Birches
Carya species
Fruits cause litter and safety problems
Hickories
Catalpa species
Seed pods cause litter problems
Catalpas
Chionanthus virginicus
Susceptible to emerald ash borer
White fringetrees
Corylus species
Fruits cause litter and safety problems
Filberts
Crataegus species
Thorns, fruits cause litter and safety problems
Hawthorns
Fraxinus species
Seed pods cause litter problems, susceptible to
emerald ash borer
Ashes
ATTACHMENT 2/PAGE 76 OF 88
77
Gleditsia triacanthos
Seed pods cause litter problems
Honey locust (species) (does not include horticultural
variants)
SCIENTIFIC NAME COMMON NAME
Juglans species
Fruits cause litter problems
Walnuts
Morus species
Fruits cause litter and safety problems
Mulberries
Olea europa
Susceptible to emerald ash borer
Cultivated olives
Populus species
Weak wooded, shallow roots
Poplars
Robinia species
Weak wooded, suckers
Locusts
Salix species
Weak wooded, shallow roots
Willows
Ulmus fulva
Insects, weak wooded, shallow roots
Slippery elm
Ulmus pumila
Weak wooded, shallow roots
Siberian elm
ATTACHMENT 2/PAGE 77 OF 88
78
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
COLOR FRUIT
Allegheny
Serviceberry
Amelanchier
laevis
25' 15' Upright Oval Green White
Clusters
Orange Purplish
Blue
Pyramidal
Serviceberry
Amelanchier
canadensis
Pyramidalis
30' 12' Very Upright Dark Green White
Racemes
Brilliant
Reds and
Orange
Maroon
Purple
Heavy
Fruits
Lavalle
Hawthorn
Crataegus X
Lavellei
30' 20' Upright to
Vase
Dark Green White
Clusters
Bronze Orange to
Red
Crimson Cloud
Hawthorn
Crataegus
laevigata
‘Crimson Cloud’
25' 18' Oval Glossy
Green
Bright Red
White
Centers
Bright Red
Flowering Ash
Fraxinus ornus
30' 15' Pyramidal to
Round
Medium
Green
Off White
Heavily
Scented
Yellow
Columnar
Goldenrain
Koelreuteria
paniculata
fastigiata
30' 6' Narrow
Fastigiate
Green Yellow Yellow Yellow
Pods
Goldenchain
Laburnum vossi
30' 20' Upright to
Vase
Green Yellow
Racemes
Yellow
ATTACHMENT 2/PAGE 78 OF 88
79
Blireiana Plum
Prunus X Blireiana
20' 20' Round Purple-
Green
Bright Pink Reddish-
Bronze
TREES FOR PLANTING STRIP SIZE UP TO 4 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR FRUIT
Newport Plum
Prunus
cerasifera
‘Newport’
20' 20' Oval to
Round
Dark Purple Light Pink Reddish
Japanese Tree Lilac
Syringa reticulate
25' 15' Pyramidal Green White
Panicle
Yellow
Brown
Trident Maple
Acer buergeranum
25' 20' Oval to
Round
Dark Green Yellow
Orange
Paperbark Maple
Acer griseum
30' 20' Round Green
Above and
Silvery
Under
Bright Red
Orange
Amur Maple
Acer ginnala
20' 20' Upright
Round
Green Yellow
Hedge Maple
Acer campestre
25' 25' Round Dark Green Yellow
Glorybower
Tree
Clerodendrum
trichotomum
20' 20' Round Dark Green White
Fragrant
Clusters
Blue Green
Rocky
Mountain
Glow Maple
Acer
grandidentatum
‘Schmidt’
25' 15' Oval Dark Green Bright Red
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
ATTACHMENT 2/PAGE 79 OF 88
80
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR FRUIT
Queen
Elizabeth
Maple
Acer campestre
‘Queen Elizabeth’
35' 30' Upright Dark Green Yellow
TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR FRUIT
Paperbark Maple
Acer griseum
30' 20' Round Green Above
and Silver
Under
Bright
Red-
Orange
Chinese Dogwood
Cornus kousa
chinensis
30' 30' Round Green White Red Red Pink
September
Goldenrain
Koelreuteria
paniculata
‘September’
30' 25' Flat Topped
Open
Green Yellow Yellow
Red Bud
Cercis canadensis
20' 25' Spreading Medium
Green
Pink Yellow
American
Hophornbeam
Ostrya virginiana
35' 25' Oval Medium
Green
Yellow
Newport Plum
Prunus cerasifera
‘Newport’
20' 20' Oval to
Round
Dark Purple Light Pink Red
Capital Pear
Pyrus calleryana
‘Capital’
35' 12' Columnar Medium
Green
White
Clusters
Reddish
Purple
ATTACHMENT 2/PAGE 80 OF 88
81
Chanticleer Pear
Pyrus calleryana
‘Glen’s Form’
40' 15' Pyramidal Glossy Green White
Clusters
Orange
Red
Rocky Mountain
Glow Maple
Acer
grandidentatum
‘Schmidt’
25' 15' Oval Dark Green Bright
Red
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
COLOR FRUIT
Stewartia pseudo-
camellia
Orange
Center
Rancho Linden
Tilia cordata
‘Rancho’
45' 20' Pyramidal Dark Green Yellow
Fragrant
Yellow
Chancellor Linden
Tilia cordata
‘Chancellor’
35' 20' Pyramidal Dark Green Yellow
Lavalle Hawthorn
Crataegus X Lavellei
30' 20' Upright Dark Green White Bronze
Red
Red
Flowering Ash
Fraxinus ornus
30' 15' Pyramidal to
Round
Medium
Green
Off White
Fragrant
Yellow
Pyramidal
Hornbeam
Carpinus betulus
fastigiata
35' 20' Broadly Oval Dark Green Yellow
Armstrong II Red
Maple
Acer rubrum
‘Armstrong’
45' 15' Narrow
Fastigiate
Light Green Yellow
Orange-
Red
ATTACHMENT 2/PAGE 81 OF 88
82
Gerling Red Maple
Acer rubrum
‘Gerling’
35' 20' Pyramidal Green Orange-
Red
Saratoga Ginkgo
Ginkgo biloba
‘Saratoga’
30' 30' Compact
Spreader
Greenish-
Gold
Yellow
Columnar Sargent
Cherry
Prunus sargentii
columnaris
30' 10' Fastigiate Green Deep Pink Orange-
Red
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
COLOR FRUIT
Clerodendrum
trichotomum
Fragrant
Clusters
Green
Globe Sugar
Maple Acer
saccharum
globosum
15' 20' Round Medium
Green
Yellow
and
Orange
Globe
Serviceberry
Amelanchier
canadensis
oblongifolia
20' 20' Round Green White Bright
Yellow-
Red
Maroon
Purple
Saucer
magnolia
Magnolia
soulangiana
20' 20' Upright-
Rounded
Green Red/White Yellow
Brown
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR FRUIT
ATTACHMENT 2/PAGE 82 OF 88
83
Urbanite Ash
Fraxinus
pennsylvanica
‘Urbanite’
50' 40' Broadly
Pyramidal
Lustrous
Green
Bronze
Marshall Ash
Fraxinus
pennsylvanica
lanceolata
50' 40' Broadly Oval Dark Green Yellow
Skyline Ash
Fraxinus
americana
‘Skyline’
45' 35' Oval Mediu
m
Green
Orange Red
European
Hornbeam
Carpinus
betulus
50' 35' Oval to
Round
Dark Green Gold Yellow
Hackberry
Celtis occidentalis
45' 35' Oval Dark Green Yellow
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR
FRUIT
Katsura Tree
Cercidiphyllum
japonicum
40' 35' Oval Bluish Green Yellow to
Scarlet
Sourwood
Oxydendrum
arboreum
50' 25' Pyramidal Green White Brilliant
Scarlet
Golden
Macho Cork Tree
Phellodendron
amurense ‘Macho’
40' 30' Broadly Vase Medium
Green
Yellow
Tricolor Beech
Fagus sylvatica
‘Rosed –
Marginata’
40' 30' Broadly Oval Purple, Light
Pink Border
ATTACHMENT 2/PAGE 83 OF 88
84
Yellowwood
Claprastis lutea
40' 35' Round Yellow-Green
to Bright
Green
White
Fragrant
Clusters
Orange to
Yellow
Skyline
Honeylocust
Gleditsia
triacanthos
‘Skyline’
50' 35' Broadly
Pyramidal
Medium
Green
Golden
Shademaster
Honeylocust
Gleditsia
triacanthos
‘Shademaster’
45' 35' Vase Dark Green Yellow
Scarlet Oak
Quercus coccinea
50' 40' Broadly Oval Glossy Green Scarlet
Glenleven Linden
Tilia cordata
‘Glenleven’
45' 30' Pyramidal Medium
Green
Yellow
Halka Zelkova 45' 30' Vase Medium Yellow
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGH
T
SPREA
D
STRUCTUR
E
FOLIAGE FLOWERS FALL
COLOR
FRUIT
Zelkova serrata
‘Halka’
Green
Globe Sugar Maple
Acer saccharum
globosum
15' 20' Round Medium
Green
Yellow and
Oranges
Saratogoa Ginkgo
Ginkgo biloba
‘Saratoga’
30' 30' Round Green Gold Yellow
Red Sunset Red
Maple
Acer rubrum
‘Franksred’
45' 35' Oval Dark Green Orange Red
ATTACHMENT 2/PAGE 84 OF 88
85
October Glory
Maple
Acer rubrum
‘October Glory’
40' 35' Broadly Oval Medium
Green
Red to
Purple
Embers Red Maple
Acer rubrum
‘Embers’
50' 40' Open Green Bright Red
Saucer magnolia
Magnolia
soulangiana
20' 20' Upright-
Rounded
Green Red/White Yellow
Brown
* Douglas Fir,
Pseudotsuga
menziesii
100' Dark Green Evergreen
Lodgepole Pine
Pinus contorta
100' Dark Green
Shore Pine
Pinus contorta var.
contorta
25' Upright-
Irregular
Dark Green Evergreen
* Western Red
Cedar
100' + Pyramidal Evergreen
ATTACHMENT 2/PAGE 85 OF 88
86
TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET
TREE SPECIES HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL
COLOR
FRUIT
Thuja plicata
* Grand Fir
Abies grandis
100' + Dark Green Evergreen
Noble Fir,
Abies procera
90' Bluish Green Evergreen
Sitka Spruce,
Picea sitchensis
Evergreen
* Western
Hemlock,
Tsuga heterophylla
100' Narrow-
Pyramidal
Evergreen
Incense Cedar,
Libocedrus
decurrens
90' Narrow-
Pyramidal
Dark Green Evergreen
* 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
E
FOLIAGE FLOWERS FALL
COLOR
FRUIT
Catalpa
Catalpa speciosa
75' 50' Round Green White Yellow
Katsura Tree
Cercidiphyllum
japonicum
40' 35' Oval Bluish
Green
Yellow to
Scarlet
Sourwood
Oxydendrum
arboretum
50' 25' Pyramidal Green White Brilliant
Scarlet
Golden
(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)
ATTACHMENT 2/PAGE 86 OF 88
87
Item 63 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
///
LOC Chapter 34 Crimes and Violations
///
ARTICLE 34.10
Types of Nuisance
///
LOC § 34.10.520. Periodic Brush Cutting Required; Exceptions. [Ord. No. 153, 6-15-1926; Ord.
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 would revert back to
the city’s policy prior to 2013. The code was changed in 2013 to remove reference to dead trees
that are a hazard on private property because enforcement of dead trees on private property are
difficult to resolve and consume a significant amount of code enforcement staff time, which
limits staff ability to focus on other enforcement priorities.
• This amendment 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 Department.
• At a study session with the Council on May 5, 2026, the Council was split on this amendment
ATTACHMENT 2/PAGE 87 OF 88
88
3:2, with the majority providing direction to keep the existing code in place and two councilors
supporting enforcing the removal of dead trees on private property citing safety concerns. The
Tree Task considered this amendment at it’s May 20, 2026 and recommended leaving the
existing code in place due to the difficulty in resolving these types of complaints and because of
limited code enforcement capacity.
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.
///
ATTACHMENT 2/PAGE 88 OF 88