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DIR2004-00001 January 9, 2004 Director's Interpretation regarding the removal of hazardous trees within a sensitive area. This interpretation is being made in response to the City Arborist's request to remove 24 trees in close proximity to Derry Dell Creek that he has deemed hazardous. The question was posed as to whether or not individual tree removal permits are required for the proposed action. Section 18.790.050 of the Tigard Development Code (TDC) outlines the permit applicability for trees that are removed on non - developing properties, and for trees that are located within "Sensitive Areas." TDC Section 18.775.010(G) identifies sensitive lands as lands potentially unsuitable for development because of their location within the 100 -year floodplain, natural drainageways, regulated wetlands, or on steep slopes of 25% or greater and unstable ground. Under section 18.790.050(D)(2 -3) trees that are identified as hazardous by a certified arborist, or are deemed a nuisance affecting public safety as defined in Chapter 7.40 of the Tigard Municipal Code are exempt from the requirement for tree removal permits. Therefore, no tree removal permits are required for trees within sensitive areas when they are deemed hazardous by a certified arborist, or are found to be a public nuisance onsistent with Chapter 7.40 of the Tigard Municipal Code. L (1 / //o/ es N.P. Hendryx Community Development Director DATE: 1/9/2004 CODE SECTIONS: 18.790 - 18.775 TOPIC: Hazardous Tree Removal Within Sensitive Areas INTERPRETATION: DIRECTOR'S INTERPRETATION (James N.P. Hendryx) REGARDING THE REMOVAL OF HAZARDOUS TREES WITHIN A SENSITIVE AREA. This interpretation is being made in response to the City Arborist's request to remove 24 trees in close proximity to Derry Dell Creek that he has deemed hazardous. The question was posed as to whether or not individual tree removal permits are required for the proposed action. Section 18.790.050 of the Tigard Development Code (TDC) outlines the permit applicability for trees that are removed on non - developing properties, and for trees that are located within "sensitive areas." TDC Section 18.775.010(G) identifies sensitive lands as lands potentially unsuitable for development because of their location within the 100 -year floodplain, natural drainageways, regulated wetlands, or on steep slopes of 25% or greater and unstable ground. Under Section 18.790.050(D)(2 -3) trees that are identified as hazardous by a certified arborist, or are deemed a nuisance affecting public safety as defined in Chapter 7.40 of the Tigard Municipal Code, are exempt from the requirement for tree removal permits. Therefore, no tree removal permits are required for trees within sensitive areas when they are deemed hazardous by a certified arborist, or are found to be a public nuisance consistent with Chapter 7.40 of the Tigard Municipal Code.