This amendment to Bellevue's Land Use Code and City Code will update tree preservation, retention, replacement and protection provisions to better support citywide tree canopy goals.
Background
Bellevue's tree canopy is a critical environmental asset and central to the vision of a "City in a Park." Bellevue's Environmental Stewardship Plan Action N.1.1 calls for a comprehensive review and update of provisions in the Land Use Code and City Code for tree preservation, retention, replacement and protection during construction. The city's current code provisions related to trees have been updated periodically, but never in a comprehensive fashion.
On Nov. 21, 2022 the City Council initiated work on this set of amendments.
How are trees regulated today?
In most cases, only "significant trees" are subject to permitting or retention requirements. These are currently defined as healthy evergreen or deciduous trees, eight inches in diameter or greater, measured four feet above existing grade. In June 2022, the City Council adopted an interim ordinance establishing a permit requirement to remove "landmark trees," which are significant trees 24 inches or greater in diameter.
Tree removal outside of a development proposal is regulated through the Clearing and Grading Code, Chapter 23.76 BCC, while tree removal as part of a development proposal is regulated through the Land Use Code's tree retention and replacement section, 20.20.900 LUC. In either case, stricter critical areas provisions apply to trees located in critical areas.
Outside of a development proposal, a permit is required to remove trees in the following cases:
- When removing more than five significant trees in any three-year period;
- When removing a landmark tree;
- When removing any significant tree in the Bridle Trails R-1 Land Use District; or
- When removing more than 25% of the live crown of any significant tree
When development is being proposed, LUC 20.20.900 establishes the share of existing significant trees which must be retained with the development. There are different retention requirements for the Bridle Trails R-1 Land Use District, single family development elsewhere in the city and other types of development.
Tree replacement is only required in limited cases, including when removing trees from critical areas or areas with specific landscaping standards and as part of an approved alternative tree retention plan.
What is changing?
City staff completed a comprehensive review of tree code provisions and developed proposed amendments in the following areas:
- Tree Preservation and Replacement:
- Updating significant tree definition to six inch minimum diameter and implementing permanent definition for landmark trees as 24 inches or greater.
- Permit now required to remove any significant or landmark tree. Tree replacement required, with exception for residential properties removing a limited number of trees.
- Tree Retention:
- Minimum tree density required with any development proposal. Minimum depends on the size of the property, land use district and proposed type of development.
- Minimum tree density can be achieved through retention and new planting, with a strong emphasis on retention.
- In-lieu fee available as a last resort when all replanting options have been exhausted.
- Tree Protection:
- Trees required to be planted or retained as a condition of other city requirements must be retained unless hazardous, as determined by a qualified professional.
- All development projects must include a tree protection plan prepared by a qualified tree professional.
City may impose monetary penalties based on the assessed value of the tree when violations occur. Penalties may be doubled for repeat violations.
The City Council is scheduled to take action on these amendments on July 9.
What will not change?
These amendments will not change provisions of the Critical Areas Ordinance, which already provides strong protections for significant trees located in critical areas, including replacement requirements.
The Trees, Weeds and Vegetation chapter of the Transportation Code, which regulates vegetation impacting sidewalks, streets and public rights-of-way, will be updated through a separate project.
Related Documents
Related Projects
Environmental Stewardship Plan
Project Timeline and Schedule
Date | Meeting or Action Taken | Links | |
11/21/2022 | City Council Initiation | City Council Meeting Agenda Materials | |
12/14/2022 | Planning Commission Briefing | Planning Commission Meeting Agenda Materials | |
5/24/2023 | Planning Commission Check-in | Planning Commission Meeting Agenda Materials | |
6/8/2023 | Public Information Session | Staff Presentation | |
6/26/2023 | City Council Check-in | City Council Meeting Agenda Materials | |
7/26/2023 | Planning Commission Study Session | Planning Commission Meeting Agenda Materials | |
12/4/2023 | City Council Check-in and Action to Extend Interim Landmark Tree Ordinance | City Council Meeting Agenda Materials | |
12/13/2023 | Planning Commission Study Session | Planning Commission Meeting Agenda Materials | |
1/11/2024 | Public Information Session | ||
1/24/2024 | Planning Commission Study Session | Planning Commission Meeting Agenda Materials | |
3/27/2024 | Planning Commission Study Session | Planning Commission Meeting Agenda Materials | |
4/24/24 | Planning Commission Public Hearing | Planning Commission Meeting Agenda Materials | |
5/21/2024 | City Council Study Session | City Council Meeting Agenda Materials | |
6/18/2024 | City Council Study Session | City Council Meeting Agenda Materials | |
7/9/2024 | City Council Action (LUCA and BCCA) |