D.C. Mun. Regs. tit. 11, r. 11-C401

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-C401 - TREE PROTECTION REGULATIONS

401.1

The tree protection standards required by specific zones shall apply when:

(a) Constructing a building, accessory building, horizontal building addition, or other structure; or

(b) Causing any other land disturbing activity to the lot that could result in the disturbance of the existing tree canopy.

401.2

Tree protection standards are based on trunk circumference. Trunk circumference shall be measured at a height of four feet-six inches (4 ft. 6 in.) above the ground.

401.3

Construction of a building, accessory building, or an addition to a building, creating any impervious surface area, subdividing any unimproved lot, or subdividing any improved lot so as to increase the number of principal structures thereupon, shall only be permitted as a matter of right subject to the following tree removal limitations:

(a) The restrictions of this section against removing, cutting down, or fatally damaging trees apply only to trees having a circumference of twelve inches (12 in.) or greater at a height of four feet-six inches (4 ft. 6 in.) above ground;

(b) The prohibitions of this section do not apply to the removal or cutting down of any dead or unhealthy tree or a tree that creates an unsafe condition. The need for removal of any tree shall be certified by a tree care professional certified by the International Society of Arboriculture;

(c) No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four feet-six inches (4 ft. 6 in.) above ground may be removed, cut down, or fatally damaged;

(d) No more than three (3) trees that have a circumference of more than thirty-eight inches (38 in.) at a height of four feet-six inches (4 ft. 6 in.) above ground may be removed, cut down, or fatally damaged and none of these may be located within twenty-five feet (25 ft.) of any building restriction line or lot line abutting a public street; and

(e) The total circumference inches of all trees removed or cut down on a lot may not exceed twenty-five percent (25%) of the total circumference inches of all trees on the lot having a circumference greater than twelve inches (12 in.); provided, that this section does not abrogate the right to remove or cut down up to three (3) trees as provided in paragraph (d) of this subsection; or any tree having a circumference of twelve inches (12 in.) or less at a height of four feet-six inches (4 ft. 6 in.) above ground.

401.4

Where removal or cutting of trees has occurred that would have been prohibited by this section if an application for a building permit had been contemporaneously filed, no building permit shall be issued for a period of five (5) years from such removal or cutting unless the Board of Zoning Adjustment grants a special exception pursuant to Subtitle X, Chapter 9 and Subtitle D §5202.

D.C. Mun. Regs. tit. 11, r. 11-C401

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016)