Forest Lake City Zoning Code

WOODLAND PRESERVATION

REGULATIONS

§ 153.196 PURPOSE.

The purpose of this subchapter is to govern the preservation and protection of trees and woodlands within the city. The city recognizes the value of trees and woodlands for absorbing air pollutants, reducing noise, providing shade, providing wildlife habitat, providing visual amenity, and preventing soil erosion and siltation. This section is adopted to ensure that development occurs in a manner that protects and preserves these valuable resources.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.197 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. Any person or entity that is required to submit and implement an approved Woodland Preservation Plan under this chapter.

CALIPER INCH. The diameter of a tree measured at 4.5 feet above ground level.

CONIFEROUS TREES. A wood plant which, at maturity, is at least 12 feet or more in height and has foliage on the outermost portions of the branches year round.

CONSTRUCTION ZONE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or other change in the natural character of the land occurs because of the site preparation, grading, building construction, or any other construction activity.

CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk radius distance of 1 foot per 1 inch of tree diameter (a 20 inch diameter tree has a CRZ with a radius of 20 feet).

DRIP LINE. The farthest distance away from the trunk that rain or dew will directly fall to the ground from the leaves or branches of the tree.

EXEMPT TREE. Eastern Cottonwood (Populus deltoids), Ash (any fraxinus species), willow (any Salix species), any species of the genus Elm, except those bred to be immune to Dutch Elm Disease, Common Buckthorn (Rhamnus cathartica), Russian Olive (Elaeagmis angustifolia), Black Locust (Robinia pseudoacacia), and Box-elder (Acer negundo) trees. These trees are not protected under the provisions of this Chapter unless the tree is located in the Shoreland Overlay District, and, unless located in the Shoreland Overlay District, shall not be included in the definition of a Significant Tree for purposes of this chapter.

HARDWOOD DECIDUOUS TREE. Includes ironwood, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust, and basswood.

SIGNIFICANT TREE. A healthy tree measuring a minimum of 6 caliper inches for all hardwood deciduous trees, a minimum of 20 caliper inches for all softwood deciduous trees, or a minimum of 12 feet in height for all coniferous trees.

SIGNIFICANT WOODLAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 15,000 or more square feet of property, and is comprised of deciduous trees of 6 caliper inches or more, and coniferous trees over 12 feet in height.

SOFTWOOD DECIDUOUS TREES. Includes catalpa, cottonwood, poplars/aspen, box elder, willow, silver maple, and elm.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 655, passed 5-23-2016; Am. Ord. 736, passed 4-22-2024)

§ 153.198 WOODLAND PRESERVATION PLAN.

(A) General submission requirements. A Woodland Preservation Plan required hereunder shall be submitted when the subject property is three acres or greater in size and:

(1) Preliminary subdivision plan is required within Ch. 152; or

(2) A project is proposed for which a city grading permit is required by § 153.144 and significant woodlands exist on-site; or

(3) An application for a single-family residential building permit when significant woodlands exist on-site.

(B) All properties located within the Shoreland Overlay District must comply with provisions for vegetation alteration as required in § 153.089.

(1) All Woodland Preservation Plans, except for individual single-family residential lots, shall be certified by a forester, landscape architect, or other qualified professional retained by the applicant.

(2) All applicants shall submit a Woodland Preservation Plan prepared in accordance with the provisions of this chapter. The Woodland Preservation Plan shall include the following information:

(a) The name(s), telephone number(s), and address(es) of applicant’s property owners, developers, and/or builders;

(b) Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon;

(d) Surveyed boundaries of all existing significant trees and woodlands located within the area to be platted or within the parcel of record;

(e) Identification of all significant trees and woodlands proposed to be removed within the construction zone;

(f) Measures to protect significant trees and woodlands;

(g) Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and

(h) Signature of the person preparing the plan.

(D) Review process. The Woodland Preservation Plan shall be reviewed by the city to assess the best possible layout to preserve significant trees and woodlands and to enhance the efforts to minimize damage to significant trees and woodlands. The applicant shall meet with the city prior to submission of the development application, or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features in order that the fewest significant trees and woodlands are destroyed or damaged. Once a plan is approved by the city, the plan shall be recognized as the approved Woodland Preservation Plan.

(E) Compliance with plan.

(1) The applicant shall implement the Woodland Preservation Plan prior to and during any construction. The woodland protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to, and approved by, the city.

(2) No significant trees or woodlands shall be removed until a Woodland Preservation Plan is approved and accepted in accordance with the approved Woodland Preservation Plan. If a significant tree or woodland that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within 1 year from date of project closure, reforestation or restitution shall be required as described in § 153.200.

(3) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved Woodland Preservation Plan. The city shall determine whether compliance with the Woodland Preservation Plan has been met.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 655, passed 5-23-2016; Am. Ord. 736, passed 4-22-2024)

§ 153.199 PERMITTED TREE REMOVALS.

The city recognizes that a certain amount of tree removal is an inevitable consequence of the urban development process and therefore will likely result in the removal of some significant trees. Consequently, the city requires that significant tree removal beyond the following thresholds shall require reforestation or restitution as described below in § 153.200.

(A) Trees may be removed within 30 feet from the face of the foundation of buildings, required parking areas, driveways, well areas, drain fields, essential utility areas, essential drainageways, easements, and rights-of-way.

(B) All diseased, hazardous, dead and dying trees may be removed. Except in the Shoreland Overlay District, all exempt trees may be removed.

(D) On parcels where a significant woodlands exist, a percentage of the woodland may be removed without any obligation for reforestation or restitution, but only up to and including the threshold percentage of woodland listed for that zoning district.

Zoning District	Threshold
Conservancy	10%
Agriculture	25%
Rural Residential	30%
SF, MXR-1, MXR-2, MXR-3, MF	50%
All Other Zoning Districts	60%

(E) Trees and woodlands within the Shoreland Overlay District are subject to the requirements stated in §§ 153.089 et seq., in addition to the regulations of this chapter.

(F) After tree removal the parcel must still meet the minimum requirements of §§ 153.134 et seq. of this chapter.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 655, passed 3-14-2016; Am. Ord. 736, passed 4-22-2024)

§ 153.200 MITIGATION PROCEDURES.

Trees or woodlands removed beyond the permitted threshold(s), as described above in § 153.199, shall be mitigated by the applicant through either of the following methods as determined by the city:

(A) Replace the trees or woodlands in accordance with the tree replacement provisions as outlined below in § 153.201; or

(B) Pay to the city the sum per caliper inch calculated from the total amount of caliper inches of the required replacement trees in accordance with the tree replacement provision in § 153.201. The fee per caliper inch shall be set forth in the city fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.201 TREE REPLACEMENT PROVISIONS.

(A) Schedule.

Size of Tree Damaged or Destroyed	Number of Replacement Trees
	Category A	Category B	Category C
Coniferous, 12 to 24 feet high	1	2	4
Coniferous, 24 feet or higher	2	4	8
Hardwood deciduous, 6 to 20 inches diameter	1	2	4
Softwood deciduous, 20 to 30 inches diameter	1	2	4
Softwood deciduous, greater than 30 inches diameter	2	4	8

(B) Significant woodland replacement. Where replacement of a significant woodland is required, the applicant shall be responsible for furnishing and installing 1 Category A replacement tree, 2 Category B replacement trees, or 4 Category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof.

(1) Category A trees shall be no less than the following sizes:

(a) Deciduous trees, not less than 4 caliper inches;

(b) Coniferous trees, not less than 12 feet in height.

(2) Category B trees shall be no less than the following sizes:

(a) Deciduous trees, not less than 2-1/2 caliper inches;

(b) Coniferous trees, not less than 6 feet in height.

(3) Category C trees shall be no less than the following sizes:

(a) Deciduous trees, not less than 1-1/2 caliper inches;

(b) Coniferous trees, not less than 4 feet in height.

(D) Species requirement. Where 10 or more replacement trees are required, not more than 50% of the replacement trees shall be of the same species of tree without the approval of the city. No replacement tree shall be an exempt tree.

(E) Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within 1 year after the date of project closure, shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within 8 months of removal.

(F) Additional requirements. The replanting of trees for mitigation shall be in addition to any other landscape requirements of the city.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 655, passed 3-14-2016; Am. Ord. 736, passed 4-22-2024)

§ 153.202 REQUIRED PROTECTIVE MEASURES.

The following measures shall be utilized to protect significant trees and woodlands during any type of grading or construction:

(A) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees and woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area;

(B) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non-toxic tree wound sealant;

(C) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.203 ADDITIONAL PROTECTIVE MEASURES.

The following tree protection measures are suggested to protect significant trees and woodlands that are intended to be preserved:

(A) Installation of retaining walls or tree wells to preserve trees;

(B) Placement of utilities in common trenches outside of the drip line of significant trees or use of tunneled installation;

(D) Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area;

(E) Therapeutic pruning.