Alternative compliance usually takes the form of a tree bank for off-site tree installation or a tree fund that receives payments in lieu of tree protection or planting. The processes used to grant derogations and hear objections set out in a tree ordinance should be the same as those used in other sections of the Community Code. The Tree City USA program has been greening cities and towns across America since 1976. It is a national movement that provides a framework to help communities manage and expand their public trees. In some municipalities, the building permit applies only to trees on Crown land, but in other cases, to private, undeveloped or developed land, residential or commercial land, or a combination of these conditions. While ownership of a tree may be obvious, the responsibilities of owning a tree in Georgia may not be so clear. Some of the issues that may arise between neighbors regarding tree ownership and liability include: Many tree ordinances dealing with timber harvesting require that all forestry and timber harvesting operations be carried out in accordance with the guidelines of Georgian best forest management practices. The Georgia Forestry Commission has entered into an agreement with the Environmental Protection Division of Georgia to administer a program of forest education, promotion of best management practices, investigation and communication of issues related to forest operations and water quality. More information on Georgia`s forest BMPs is available on the GFC website. Municipalities that require a minimum amount of DBH (diameter at breast height) inches on a lot after development completion generally require a tree plan that identifies the DBH inches of trees to be preserved and replaces them with the total amount that meets the minimum required standard.
The municipality may have public areas that serve as tree benches or require that trees be placed on private property. A tree plan is always needed, and the density of trees planted off-site according to the tree plan should usually remain on that site forever. In some ordinances, the processes are described in the zoning ordinance or uniform planning code and are not repeated in the tree ordinance. In other regulations, the procedures for applying for and granting derogations and objections are set out in the body of the Tree Ordinance. Our HOA has a tree problem by the lake. Property lines for homes end in water. The trees are inside their lines. A tree fell into the water. Who bears the cost of removing the tree from the water and soil? I am the President of the HOA Tree plans are submitted to the appropriate department and reviewed by the city`s arborist or other designated employees for approval.
It is standard to require that forest plans be approved before a soil disturbance permit or other management permit can be issued for an applicable area. If it is not practical to maintain or establish trees on-site to meet tree density requirements, some municipalities may approve a limited amount of tree density for off-site planting in a tree bank. In order to make informed decisions and develop a successful plan, municipalities generally require that the tree plan be developed and certified by an ISA certified arborist or certified forester to ensure that someone with technical expertise has been involved in determining how the requirements of the tree ordinance will be met. – The removal of trees and vegetation from rights-of-way at no cost or expense to taxpayers and, to an extent not more than minimal, necessary to enable the public to reasonably view private billboards does not in itself constitute a gift of constitutionally prohibited donations. 1981 Op. Att`y Gen. No. 81-75. While tree laws can vary from county and city to city, most local rules allow a homeowner to cut all branches hanging over their property. These can be preventive measures (the owner is afraid that a branch will fall on his garage) or aesthetic measures (the branch obstructs his vision).
However, be sure to check local ordinances and your homeowners association before removing branches. Municipalities that enforce a canopy standard require that there be a minimum percentage of canopy on a site at the end of construction. These percentages vary and are often stratified by area classification.
