Snohomish City Zoning Code

CHAPTER 14

120 Tree Preservation Standards

14.120.010 Purpose and Intent.

The purpose of this chapter is to establish processes and standards to provide for the retention, protection, preservation, replacement, and proper maintenance of significant trees, and use of woodlands located in the City of Snohomish. This includes the following:

Implementing the goals and objectives of the City’s Urban Forestry Plan; implementing the goals and objectives of the City’s Comprehensive Plan; maintaining and enhancing canopy coverage in the city; preserving, through design and intention, wildlife corridors and habitat; promoting the public health, safety, biodiversity, environmental health, and general welfare of the residents of Snohomish; providing greenhouse gas emissions mitigation and preserving the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees on improved or partially improved property; promoting site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation; avoiding unnecessary disturbance to the city’s natural vegetation; and providing landscaping to buffer the effects of the built environment; encouraging tree retention efforts by providing design flexibility with respect to certain other development requirements; retaining as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; providing flexibility and recognition that a reasonable enjoyment of property may require the removal of certain trees and ground cover; and mitigating the environmental and aesthetic consequences of tree removal in land development through on-site and off-site tree replacement to help maintain tree canopy coverage throughout the city and promoting net ecological gain as a standard for development. (Ord. 2516, 2025)

14.120.020 Applicability and Authority.

Tree removal, pruning, and maintenance within Snohomish City limits shall be conducted in accordance with this chapter regardless of whether a permit is required. The Planning and Development Services Director (“Director”) or designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. (Ord. 2516, 2025)

14.120.030 Tree Mitigation Fund.

A tree mitigation fund is established for the collection of any funds used for the purpose and intent set forth by this chapter. The tree mitigation fund shall be provided as a fee-in-lieu program for situations where tree removal is unavoidable, and on-site replanting, canopy replacement, or other mitigation options offered by this title are not feasible.

A. Monies for such fund shall come from the following sources:

1. All revenues, mitigation fees, and fees in lieu of supplemental or replacement plantings;

2. Civil penalties collected pursuant to this chapter;

3. Agreed-upon restoration payments or settlements in lieu of penalties;

4. Sale of trees or wood from City property;

5. Donations and grants for urban forestry purposes;

6. Sale of seedlings by the City; and

7. Other monies allocated by City Council.

B. The Parks and Forestry Board shall provide recommendations to the City Council for how the fund will be allocated.

C. The City shall use money received pursuant to this section for the following purposes:

1. Acquiring, maintaining, and preserving woodlands within the City;

2. Planting and maintaining trees within the City;

3. Providing tree vouchers to individuals to purchase and plant trees in Snohomish;

4. Paying for services provided by a qualified tree professional;

5. Identification and maintenance of heritage trees;

6. Supplies and materials for the City’s observance of Arbor Day or other educational purchases;

7. Urban forest canopy coverage assessments, tree inventories, and/or other data related to the urban forest; or

8. Other purposes relating to tree and woodland protection and enhancement as determined by the City Council.

D. Monies from the tree mitigation fund shall not be used to purchase trees required for replacement under the conditions of a violation, or in any manner that will profit the grantee. (Ord. 2516, 2025)

14.120.040 Protected Tree Program.

Protected trees have been designated for preservation and retention due to their individual contribution to the health of the community. Protected trees are subject to the limitations below.

A. Trees may be added to the Protected Tree Program through a request to the Director or designee by a property owner who wishes to protect the tree, or an owner or developer who wishes to utilize the incentives of this title.

B. The Protected Tree Program is separate and distinct from the Heritage Tree Program described in the Urban Forestry Plan.

C. A protected tree will be identified with a sign to indicate its status. The sign will be provided by the City.

D. Owners or residents of property where protected trees are located are expected to be stewards of the tree(s) and do their part to keep the tree(s) healthy. Property owners may request guidance from the City.

E. Protected trees may not be removed unless they are assessed by a qualified tree professional and determined to be a hazard tree as defined in this title. Each protected tree that is removed must be replaced, pursuant to SMC 14.120.090. (Ord. 2516, 2025)

14.120.050 Tree Removal Permits.

A. No person shall remove, excessively prune, or top any significant or public tree except as provided by this chapter.

B. Tree removals not exempted by SMC 14.120.060 shall be processed as Type I permits.

C. Tree removal proposals that create snags to enhance habitat functions rather than complete tree removals are encouraged, particularly within critical areas and buffers, in open space areas, and along streams and shorelines. (Ord. 2516, 2025)

14.120.060 Exemptions.

The following activities are exempt from the provisions of this chapter and do not require a permit; however, advance notification to the City shall be required unless otherwise noted. These exemptions do not apply to vegetation or trees located within critical areas or their buffers, as regulated under Chapter 14.255 SMC.

A. Removal of private trees that do not meet the definition for significant, protected, or heritage trees and are not protected by any other means.

B. Removal of trees by the Public Works Department, Fire Department and/or franchised utilities. A separate right-of-way permit may still be required.

Exempted activities shall include:

1. Installation and maintenance of public utilities on motorized or nonmotorized streets or paths.

2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility, or if the necessary utility clearance pruning will remove greater than 50 percent of the tree canopy.

3. As part of a City construction project, subject to a replanting plan.

C. Removal and maintenance of trees within parks at the direction of the Public Works Department.

D. Creating a defensible space within 10 feet measured from the dripline to a structure or to adjacent driplines to reduce the risk of wildfire and provide a safe perimeter for firefighting efforts.

E. Practical land management on a partially used property measuring a minimum of one acre, including removal of up to 10 percent of trees in an annual period, and no more than 30 percent removal in a 10-year period.

1. To be considered exempt, tree removal activities shall not require a forest practices permit from the Department of Natural Resources.

2. To be considered exempt, tree removal activities shall not be conducted in the form of clearing and grading, as defined in SMC 14.237.020.

3. No tree removal is allowed in a critical area or its buffer where such activities are prohibited by this title.

4. This exemption shall not apply to protected or heritage trees pursuant to SMC 14.120.040, nor shall it apply to endangered, threatened, or sensitive species as designated by Washington Department of Fish and Wildlife.

F. A nursery or tree farm owner may remove trees that are grown for commercial Christmas or landscape tree sales with no notice required.

G. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 – 2017), Tree, Shrub and Other Woody Plant Management – Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of Chapter 14.240 SMC.

H. Trees that do not meet the exemptions in subsections A through F of this section may be removed with supporting documentation:

1. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant’s qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance.

2. Hazard tree located outside a critical area or critical area buffer with a tree risk assessment prepared by the applicant’s qualified tree professional documenting how the tree meets the definition of a hazard tree.

3. Hazard tree removal in a critical area or critical area buffer consistent with the requirements of SMC 14.255.050, Exemptions. (Ord. 2516, 2025)

14.120.070 Significant Tree Removal on Single-Family Lots.

Lots developed for single-family use, where no development permit application is pending or approved for the subject property, shall be allowed to remove a limited number of significant trees per year, based on lot size.

A. Proponents of significant tree removals subject to this section shall submit a tree permit application at no charge and with no supporting materials required except an indication of general location on the property and species being removed.

Significant tree removals subject to this section shall not exceed the following annual allowances:

Lot size	Trees allowed for removal per year	Cumulative trees allowed for removal in a five-year period
< 1/4 acre	2	4
1/4 acre – 1/2 acre	4	8
1/2 acre – 1 acre	6	10
1 – 2 acres	8	12
2+ acres	10	16

B. Significant tree removals in excess of the amounts listed in subsection A of this section shall be subject to the provisions of SMC 14.120.050 and the mitigation provisions of SMC 14.120.090.

C. The provisions of this section shall not apply to protected trees, heritage trees, trees located in critical areas or their buffers, NGPAs, or shared ownership tracts. (Ord. 2516, 2025)

14.120.080 Tree Removal for Development.

A. This section shall apply to tree removals on properties undergoing the following development application types:

1. Plat.

2. Short plat.

3. Planned residential development, except subsection F of this section.

4. Unit lot subdivision, except subsection F of this section.

5. Site development plan.

6. Shoreline substantial development plan.

B. It is the City’s intention to retain as many viable trees as possible while allowing development to remain feasible and flexible, and to be processed in a timely manner. In all cases, the applicant should endeavor to retain as many existing, mature trees as possible on a development site, particularly if they are viable and healthy.

C. All existing significant trees located within the perimeter landscaping areas required pursuant to SMC 14.240.050(B), native growth protection area easements or tracts, and critical areas and their buffers shall be retained, unless exempted by SMC 14.120.060.

D. All land use applications of this section shall be required to meet the tree canopy requirements of SMC 14.240.060.

E. The development application shall include the following requirements:

1. A tree retention plan identifying species, DBH, and location of all significant trees to be retained and all significant trees to be removed.

2. Tree canopy coverage information required pursuant to SMC 14.240.060.

3. A tree protection plan, identifying the critical root zone of all trees to be protected, location of tree protection measures, and limits of disturbance.

4. Site and planting plans that meet all the requirements of Chapter 14.240 SMC.

F. Setback Reduction for Significant Tree Preservation. Applicants for development shall be eligible for a setback reduction in exchange for the retention and preservation of existing healthy, viable significant trees on a development site.

a. Up to 50 percent of the standard rear setback for the type of development proposed shall apply to the lot(s) affected by the critical root zone of the retained tree.

b. Up to 10 percent of the standard front yard setback for a subdivision, or other residential or mixed-use development retaining an existing tree within an open space tract where the critical root zone is protected. The reduced front yard setbacks shall apply to the lot(s) or unit(s) that abut the open space tract containing the retained tree.

2. Setback reductions shall be exclusive of perimeter landscape buffering requirements.

3. The applicant shall provide an assessment of the tree(s) being retained, prepared by a qualified tree professional, showing that the tree(s) is/are healthy and viable, with an expected lifespan of at least 30 years.

4. The tree shall be identified as a protected tree and included in the City’s tree inventory database, including location, species, height, crown width, diameter at standard height/DBH, and health assessment.

5. The trees shall be protected during development activities pursuant to SMC 14.120.110. Damaged trees may lead to a requirement for additional replacement plantings.

6. The tree retention plan shall be identified including protected tree provisions, on the final plat, short plat, or binding site plan, if applicable.

7. This subsection F shall not apply to unit lot subdivisions or planned residential developments. (Ord. 2516, 2025)

14.120.090 Tree Replacement and Planting Requirements.

A. Trees removed under the provisions of this chapter shall be replaced as follows:

Tree Type	Replacement Ratio	Replacement Tree Minimum Size
Significant tree	3 new trees for every 1 removed (3:1)	Based on evergreen/coniferous or deciduous
Protected tree	4 new trees for every 1 removed (4:1)	Based on evergreen/coniferous or deciduous
Heritage tree	5 new trees for every 1 removed (5:1)	Based on evergreen/coniferous or deciduous
Evergreen/coniferous tree*	1 new tree for every 1 removed (1:1)	Minimum 6 feet height
Deciduous tree*	1 new tree for every 1 removed (1:1)	Minimum 2-1/2-inch caliper

*Applicable to street trees and trees located within critical areas and their buffers.

B. Deciduous trees shall have a caliper of at least two and one-half inches at the time of planting. Where multiple deciduous trees are installed at once, the caliper of all trees may be averaged, but no individual tree shall have a caliper of less than one and three-quarters inches.

C. A significant tree proposed for removal may be replaced with a protected tree at a ratio that is less than the replacement requirements of subsection A of this section, under the provisions of the protected tree program. A planting plan shall be approved by the Planning Director prior to removing the existing tree, and upon demonstration by the applicant that the proposed protected tree will provide tree canopy and function similar to the strict adherence to the replacement ratio standards.

1. Deciduous trees planted as protected trees under this option shall be minimum four-inch caliper upon installation.

2. Evergreen/coniferous trees planted as protected trees under this option shall be minimum 10 feet in height upon installation.

3. The maintenance bond required under SMC 14.120.120 shall be for a term of five years from the date of installation.

4. The protected tree shall be included in the City’s tree inventory database.

D. Trees installed under the provisions of this title shall follow the tree planting specifications of the Urban Forestry Plan.

1. Tree species shall be selected from the appropriate tree lists in Appendix B.

2. Landscaping and other planting plans may be required to include a planting detail, showing consistency with the Urban Forestry Plan typical planting detail and placement guidelines.

3. Deviations from the Urban Forestry Plan may be considered by the City only with supporting recommendations from a qualified tree professional.

4. All required trees shall be installed according to the planting recommendations and details provided in the Urban Forestry Plan in a manner designed to encourage quick establishment and healthy plant growth.

E. All required trees shall be protected from potential damage by adjacent uses and development, including parking and storage areas. Protective devices such as bollards, wheel stops, trunk guards, and root protection barriers shall be required in the right-of-way or in common areas as needed.

F. All fertilizer applications to trees and shrubs shall follow Washington State University, National Arborist Association or other accepted agronomic or horticultural standards as authorized by the Planning Director or designee.

G. Tree installations shall be guaranteed pursuant to SMC 14.120.120. (Ord. 2516, 2025)

14.120.100 Compensatory Compliance.

Mitigation is required if a public or significant tree is deliberately removed, injured, or otherwise damaged by a private party. The mitigation value shall be calculated by the City or qualified representative using the formula outlined in the most recent edition of the “Guide for Plant Appraisal,” published by the International Society of Arboriculture, or other comparable source authorized by the Planning Director. Current calculated timber, pulpwood, or cordwood values will not be acceptable mitigation values for public trees. The mitigation value shall be paid into the City tree mitigation fund as established in SMC 14.120.030 or the City will require a replacement to be installed in accordance with the regulations and standards set forth for public trees pursuant to the Urban Forestry Plan. All or a portion of this mitigation may be met by planting replacement trees on or off site at an approved replacement ratio as determined by the City. (Ord. 2516, 2025)

14.120.110 Tree Protection During Development.

Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved shall be protected from potentially damaging activities pursuant to the following standards:

A. Preconstruction Meeting. Prior to beginning any permitted ground disturbing activity, a preconstruction meeting shall be held on site with the permittee and appropriate City staff. The project site shall be marked in the field as follows:

1. The extent of clearing and grading activities;

2. Delineation and protection of any critical areas and buffers with clearing limit fencing;

3. Identification of trees to be removed and trees to be retained; and

4. Property lines.

B. Protective Barrier. Visible temporary protective fencing extending to the edge of the critical root zone of all retained trees shall be installed prior to site disturbance and maintained until removal is authorized by the Director.

1. Visible signs shall be spaced no further than 25 feet along the entirety of the protective tree fence. Said signs must state at a minimum “Tree and Soil Protection Area, Entrance Prohibited” and provide the City phone number and/or web address for code enforcement to report violations.

2. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the Director may allow such activities approved by and under the supervision of a qualified professional retained and paid for by the applicant.

3. The Director may require hand-excavating a two-foot-deep trench at the edge of the critical root zone, to cleanly sever the roots of trees to be retained.

C. Construction Activities. No excavation, storage, parking, construction vehicle access, dumping of toxic or polluted materials, or other potentially damaging activity is allowed within the protective barrier. If construction activity within the protective barrier is unavoidable, the Director may allow such activities approved by and under the supervision of a qualified tree professional retained by the applicant:

1. Equipment may be authorized to operate within the protected zone if no other alternative is feasible, subject to City approval. The soil and critical root zone shall be covered with mulch to a depth of at least six inches or with plywood, steel plates, or similar material in order to protect roots and soil from damage caused by heavy equipment.

2. Locate utility trenches outside of the critical root zone. If utilities must be placed within the critical root zone, a qualified tree professional shall review the proposal to ensure the long-term viability of the trees. The work shall minimize root damage by hand-excavating a two-foot-deep trench at the edge of the critical root zone, to cleanly sever the roots of the trees to be retained.

3. Corrective pruning may be performed on protected trees to avoid damage from machinery or building activity.

4. Maintain trees throughout construction period by watering and fertilizing.

D. Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection.

E. Exposed Soils. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing activities shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, groundcovers, and stumps be maintained on the individual lots, where feasible.

F. Grading. Site grading within the critical root zone shall be the minimum necessary. The applicant’s qualified tree professional shall establish the maximum amount of earthwork allowable in the critical root zone that will not imperil the survival of the tree. Suitability of activities shall be based on construction techniques, erosion potential, damage to the critical root zone, stabilization techniques, and other similar factors.

G. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. Any trees designated for preservation, per the approved tree plan, that are significantly damaged or destroyed during felling of trees approved for removal shall be replaced per SMC 14.120.080. (Ord. 2516, 2025)

14.120.120 Tree Maintenance Requirements.

Vegetation must be maintained and kept healthy. A maintenance guarantee specified by the City as acceptable shall be provided by the developer/owner for landscaping required by the City for any tree installation, pursuant to the specific requirements of SMC 14.240.070. (Ord. 2516, 2025)

14.120.130 Violation, Enforcement, and Penalties.

The following provisions shall apply to enforcement of this chapter, in addition to the enforcement provisions of Chapters 1.14 and 14.85 SMC:

A. Any person violating these provisions shall be subject to civil penalties, pursuant to SMC 1.14.200. For violations related to tree removal or tree damage, each tree shall be considered a separate violation.

B. Any person violating these provisions may be required to provide a restoration plan and arborist report that results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s). The restoration plan shall be prepared in accordance with SMC 14.255.150 and includes supplemental trees equal to the number of trees unlawfully removed.

C. In the event the violator cannot restore the unlawfully removed or damaged trees due to site conditions as determined by the Director, the violator shall make payment to the City tree mitigation fund. Unless otherwise determined to base the restoration costs on appraised value, the amount paid will be the City’s unit cost for a restoration tree as calculated in SMC 14.120.100.

D. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with this chapter.

E. In cases where the violator intentionally or knowingly violated this chapter or committed previous violations of this chapter, restoration costs shall be paid at the discretion of the Director. Restoration costs are determined per SMC 14.120.100. If the diameter of the removed tree is unknown, determination of the diameter size shall be made by the Director by comparing the size of the stump and species to similar trees in similar growing conditions. Any amount in excess of the approved restoration work shall be paid into the tree mitigation fund pursuant to SMC 14.120.030.

F. The City shall not approve any application for a plat, short plat, or any other development permit or approval or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 2516, 2025)

14.120.140 Liability.

A. Liability for any adverse impacts, damages, or injury resulting from work performed in accordance with any permit issued by the City under SMC 14.120.050 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued and shall not be the responsibility of the City of Snohomish. Issuance by the City of any permit under this chapter shall not be construed as an assumption of any risk or liability by the City of Snohomish, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property.

B. Issuance by the City of a permit under SMC 14.120.050 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter.

C. Nothing contained in this chapter shall be deemed to relieve any property owner within the City limits from the maintenance requirements imposed under SMC 8.20.112 to keep any tree or vegetation upon their property or under their control in such condition as to prevent it from constituting a hazard or a nuisance.

D. The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. (Ord. 2516, 2025)