§ 8–651.04a. Protection of Heritage Trees.

(a) It shall be unlawful for any person or entity, including the District government, without a Heritage Tree removal permit issued by the Mayor, to top, cut down, remove, girdle, break, or destroy any Heritage Tree.

(b)(1) The Mayor shall issue a Heritage Tree removal permit under this section where the applicant has:

(A) Shown that the Heritage Tree in question is a Hazardous Tree; or

(B) Shown that the Heritage Tree in question is of a species that has been identified, by regulation, as appropriate for removal.

(2) The Mayor may issue a Heritage Tree removal permit under this section where the applicant has averred in the Heritage Tree removal permit application that the applicant will relocate and replant, in compliance with any applicable regulations, the Heritage Tree to an identified new location within the District, without significant harm to the tree; provided, that it shall be a violation of subsection (a) of this section if a Heritage Tree that is relocated and replanted pursuant to this paragraph dies within 3 years of replanting.

(c) A violation of subsection (a) of this section, or a failure to comply with the conditions contained in a Heritage Tree removal permit, shall constitute a violation subject to a fine of not less than $300 per each inch of the circumference of the Heritage Tree in question.

(d) The Mayor may increase the fine described in subsection (c) of this section by regulation.

(June 12, 2003, D.C. Law 14-309, § 104a; as added July 1, 2016, D.C. Law 21-133, § 2(c), 63 DCR 7134; Aug. 16, 2022, D.C. Law 24-152, § 2(d), 69 DCR 007730.)

Applicability

Section 7012 of D.C. Law 21-160 repealed § 4(b) of D.C. Law 21-133. Therefore the changes made to this section by D.C. Law 21-133 have been given effect.

Applicability of D.C. Law 21-133: § 4(b) of D.C. Law 21-133 provided that the creation of this section by § 2(c) of D.C. Law 21-133 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of section 4(a) of D.C. Law 21-133, see § 6122 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of section 4(a) of D.C. Law 21-133, see § 6122 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Editor's Notes

"(a) Section 2(b)(1) and (c) shall not apply to:

"(1) A tree with a circumference of 55 inches or more for which a person or nongovernmental entity has an application for a tree removal permit, which is subsequently approved, pending as of the effective date of this act; or

"(2) A tree with a circumference of 100 inches or more that is located on residential property for which a District resident has a building permit application, which is subsequently approved, for a single-family home that contemplates removal of the tree pending as of October 1, 2016."

Section 6122 of D.C. Law 22-33 amended section 4(a) of D.C. Law 21-133 to read as follows:

Section 4(a) of D.C. Law 21-133 provided that section 2(a), (b)(1), and (c) of Law 21-133 shall not apply to a person or nongovernmental entity who has an application for a Special Tree removal permit pending as of July 1, 20016.