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All tree removal and topping activities shall be carried out in accordance with the requirements of this chapter and as applicable, the provisions of part 18.3, Special Districts and Overlay Zones, and chapter 18.4.4, Landscaping, Lighting, and Screening.

If tree removal is part of another planning action involving development activities, the tree removal application, if timely filed, shall be processed concurrently with the other planning action. Applications for tree removal permits are reviewed as follows:

A. Ministerial Action. The following tree removal permits are subject to the ministerial procedure in section 18.5.1.040:

1. Emergency tree removal permit.

B. Type I Reviews. The following tree removal permits are subject to the Type I review in section 18.5.1.050. This section applies to removal of trees that are a hazard or are not a hazard.

1. Removal of trees greater than six inches DBH on private lands zoned C-1, E-1, M-1, CM, or HC.

2. Removal of trees greater than six inches DBH on lots zoned R-2, R-3, and R-1-3.5 that are not occupied solely by a detached single-family dwelling and associated accessory structures including an accessory residential unit, or by a duplex.

3. Removal of significant trees, as defined in part 18.6, on vacant property zoned for residential purposes including but not limited to R-1, RR, WR, and NM zones.

4. Removal of significant trees as defined in part 18.6, on lands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City.

5. Tree topping permit.

C. Exempt from Tree Removal Permit. The following activities are exempt from the requirement for a tree removal permit in subsections 18.5.7.020.A and B, above:

1. Those activities associated with the establishment or alteration of any park under the Ashland Parks and Recreation Commission. However, the Parks and Recreation Department shall provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping activities, and reporting on tree removal and topping activities that were carried out in the previous year.

2. Removal of trees in single-family residential zones on lots occupied only by a detached single-family dwelling and associated accessory structures including an accessory residential unit, or by a duplex, where the property is less than twice the minimum lot size or otherwise ineligible to be partitioned or subdivided, except as otherwise regulated by chapter 18.3.10, Physical and Environmental Constraints Overlay, and chapter 18.3.11, Water Resources Protection Zones (Overlays).

3. Removal of trees in multifamily residential and health care zones on lots occupied only by a detached single-family dwelling and associated accessory structures including an accessory residential unit, or by a duplex, where the property cannot be further developed with additional dwelling units other than an accessory residential unit or a duplex, except as otherwise regulated by chapter 18.3.10, Physical and Environmental Constraints Overlay, and chapter 18.3.11, Water Resources Protection Zones (Overlays).

4. Removal of trees less than six inches DBH in any zone, excluding those trees located within the public right-of-way or required as conditions of approval with landscape improvements for planning actions.

5. Removal of trees less than 18 caliper inches in DBH on any public school lands, Southern Oregon University, and other public land, excluding heritage trees.

6. Removal of trees within the wildfire lands area of the City, as defined on adopted maps, for the purposes of wildfire fuel management consistent with the fuel modification area standards in section 18.3.10.100, and in accord with the requirements of chapter 18.3.10, Physical and Environmental Constraints Overlay, and chapter 18.3.11, Water Resources Protection Zones (Overlays).

7. Removal of dead trees.

8. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon Public Utilities Commission, by the City’s Electric and Telecommunication Utility. However, the Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were carried out in the previous year. Tree trimming shall be done, at a minimum, by a journeyman tree trimmer, as defined by the Utility, and will be done in conformance and to comply with OPUC regulations.

9. Removal of street trees within the public right-of-way subject to street tree removal permits in AMC 13.16.

10. Those activities associated with tree trimming or removal at the airport, within the Airport (A) overlay zone for safety reasons, as mandated by the Federal Aviation Administration. The Public Works Department shall provide an annual report to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were carried out in the previous year.

D. Other Requirements.

1. Floodplain, Hillsides, and Wildfire. Tree removal in the Physical and Environmental Constraints Overlay (i.e., areas identified as floodplain corridor land, hillside lands, wildfire lands and severe constraint lands) must also comply with the provisions of chapter 18.3.10, Physical and Environmental Constraints Overlay.

2. Water Resources. Tree removal in regulated riparian areas and wetlands must also comply with the provisions of chapter 18.3.11, Water Resources Protection Zones (Overlays). (Ord. 3199 § 26, amended, 06/15/2021; Ord. 3191 § 34, amended, 11/17/2020; Ord. 3158 § 11, amended, 09/18/2018)