Whose fruit is it anyway? HI

Fruits of labor - Hawaii News - Starbulletin.com:
A neighbor's fruit tree canopy extends significantly into our yard and creates an abundance of work and green waste for us to handle. Often more of the canopy is overhanging our yard (and other neighbors') than the trunk owner's yard. For more than 20 years, the tree owner concurred that the neighbors owned the fruit over their yards. But the owner recently sold, and the new owner seems to feel differently. Any 'right of way' or 'common law' created by long-term previous activity? Who is entitled to the fruit that grows over onto our yard? Considering we have to do the cleanup, it would seem that we should be entitled to some, if not all, of the fruit.

Google Street View Catches illegal Tree Cutters!; Vanvouver, BC

eCanadaNow » Google Street View Catches illegal Tree Cutters:
Three people in Vancouver are charged with illegal tree-cutting, and the case against them has the option of using pictures taken by a Google Street View camera which happened to be operating in the neighborhood and recorded the scene. The Google Street View shows the truck and workmen on the site, which was littered with tree debris as well as the fresh cut stumps along the property’s fence line.
Charges filed against the land owner, Margaret Burnyeat, her daughter, Elizabeth Burnyeat and Michael Saffronick of Saffronick Tree Care Ltd. claim they exceeded the terms of their permit to remove two trees and violated the old tree bylaw by allegedly cutting down 23 cedar, cypress and evergreen trees on a residential lot. After the neighbors filed complaints, the city of Vancouver’s legal department investigation discovered the Google Earth pictures.

Columnist sees unwelcome parallels between local tree protection efforts and federal health care bill; Boulder, CO

Greenlee: Control freaks? - Boulder Daily Camera:
A number of local citizens qualify as devoted 'tree huggers.' There`s nothing wrong with a fondness for trees although the moniker implies something beyond simply enjoying our deciduous and non-deciduous companions.
Like so many other things in Boulder there`s a propensity to go far beyond enjoying something and instead wanting to control, possess, and legislate preferred behavior even when it comes to things like trees. According to a recent city staff memo, trees 'have environmental, social, and economic benefits' as defined in both the Comprehensive Plan and an over-ambitious Climate Action Plan. It appears a new health care plan for trees is in the works that will likely involve providing universal arbor care with a public option and a network of required caregivers who will likely impose a single-payer system passing all bills along to taxpayers. Sound familiar?
Some of our leafy companions may even qualify as being 'historic landmarks.' But first, according to a 40-page memo to Boulder`s Planning Board and City Council, a comprehensive inventory of city trees needs to be undertaken. This includes performing a comprehensive tree canopy survey, developing a new Geographical Information System Database along with a Database Management Program administered by a new Information Resources Working Group. Unfortunately the costs associated with implementing these new ventures were not provided in the memo.

Casey Trees updates FAQ document to reflect new regulations related to Urban Forest Preservation Act; Washington, DC

Urban Forest Preservation Act:
On January 22, 2003, the DC Council passed the Urban Forest Preservation Act (UFPA) of 2002. The Act establishes an urban forest preservation program, requires permits for Special Tree removals or replacements and establishes a Tree Fund to be used to plant trees and defray costs associated with the implementation of this act. Chapter 37 (Special Trees) of Title 24 District of Columbia Municipal Regulations (DCMR) was amended in June 2009 to include an income-contingent program to help District residents offset the cost of removing hazardous Special Trees. This program effective January 1, 2010.

Judge rules clearing of streamside canopy improper but appeals court overturns, rules for developer; Yancey County, NC

Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search: "The Commission granted Mountain Air's request for a variance from the buffer requirements mandated in N.C. Gen. Stat. § 113A5-7(1). Mountain Air then proceeded to remove trees and tree canopy along 2,763 feet of Banks Creek, and to clear all buffer vegetation along 160 feet of Banks Creek. Mountain Air also temporarily diverted the course of a section of Banks Creek through pipes eighteen inches in diameter in order to install 1,868 feet of underground pipes, some as small as 36 inches in diameter. Finally, Mountain Air redirected that section of Banks Creek into the underground pipe system, and began construction of a fairway over a section of the piped trout waters."

Exemption is used to skirt city's tree rules; San Antonio, TX

Exemption is used to skirt city's tree rules:
When City Council members approved an ordinance in 1997 to protect trees from urban sprawl, they had a deceptively simple goal: Make sure the rules applied to developers who often own large tracts of land — not homeowners who want to get rid of a few trees on single-family lots.
But at least one lobbyist has figured out developers can bulldoze trees on a large property, as long as it has a house.
In 2007, lobbyist Ken Brown told a commercial client, Skinner Nurseries, it could clear trees on a rural tract of land without worrying about the tree ordinance, said Charles Skinner, a real estate agent for the Florida company who is related to the owners.
Because the 19-acre property on Somerset Road had a house, Skinner Nurseries was able to use the homeowner exemption as a free pass to get around the tree ordinance and its potential mitigation costs.
Nearly every tree on the property was bulldozed to develop a tree-nursery business.

Hey-spread out! City Forestry Commission, concerned that trees planted too closely have to compete, calls for wider spacing; Oak Park, IL

Oak Park gives tree more space to grow -- chicagotribune.com:
Stately trees with lush green canopies arching over village streets are a common sight in Oak Park.

But the proximity of the trees to each other may be damaging to their health, according to the village forester, voicing a concern echoed in other suburban communities.

So Oak Park's Village Board has voted to widen the minimum planting distance between new trees to 50 feet from 35 feet.

The move comes as the village is losing about 400 trees a year to various diseases and age. Dutch elm disease claimed about 200 trees this year, and the emerald ash borer is starting to claim others. In addition, many of the lush Norway maples are starting to succumb to old age.

City hopes consultant can help council find holes in tree protection law; Brantford, Ontario, Canada

Tree-protection bylaw on agenda - Brantford Expositor - Ontario, CA
Some city councillors say they want to review the tree-protection bylaw after a series of incidents have demonstrated weaknesses and loopholes.
On the committee-of-the-whole agenda tonight is a recommendation to hire a consultant for $80,000 who will work with a task force made up of councillors Dan McCreary and James Calnan, and representatives from the city's environmental policy, heritage and waterfront advisory committees.
'We as a council have learned a lot in the past few years about the need to be more careful in writing measures to protect trees, particularly from rampant development,' said McCreary.
He is spearheading the move to review the existing bylaw, which was approved in 2002 following a series of incidents in which large numbers of trees were cut to make way for development projects.

Many applaud Mayor's budget but concerns linger about cuts to technical assistance on city tree laws; Portland, OR

Groups applaud mayor's proposed budget – OregonLive.com: PORTLAND NEWS
by James Mayer, The Oregonian
Thursday May 21, 2009, 10:18 PM
A few bemoaned cuts, but most who testified at the Portland budget hearing tonight thanked Mayor Sam Adams and the city council for saving programs for seniors, the homeless and the arts.
Several dozen citizens showed up at Mt. Tabor Middle School to testify on Mayor Sam Adams' proposed budget. The council will vote on the budget next Wednesday.
Lisa Reed Guarnero criticized cuts to the Vision into Action program. When the planning and sustainability bureaus merged, she said, "It felt like everything came to a screeching halt."
Ken Forcier, complained about the loss of funding for the tree manual, a project to place all the tree regulations in one place.
"Our tree canopy is coming under attack daily," Forcier said.

Calvert County Master Plan regulations require 60% tree cover in watersheds, 40% in towns; Calvert County, MD

Give trees a chance: "Give trees a chance
The right greenery can mean more greenbacks
Friday, May 15, 2009
By JAY FRIESS
Staff writer"
Rice said Charles County requires that 90 percent of the landscaping plants used by developers have to be native species. Calvert County has gone even further. "We adopted an ordinance last year that said ‘natives only,'" Bowen said. Citing their better record of longevity, Bowen said, "On the whole, natives are the better way to go."
Calvert County recently passed minimum tree canopy regulations as part of an update of the Solomons Town Center master plan. The regulations are designed to comply with the water resources element of the county's master plan, which calls for 60 percent tree cover in the county's watersheds and 40 percent cover in towns to achieve better water quality.
"If we work at the sub-watershed level … I think we can maintain or improve watershed quality," Bowen said. "If we all do our share, we can make it better."

Trees loss due to ADA compliance leads to public concern, city development of tree planting goal; Somerville, MA; 5/1/09

Arbor Day in Somerville Somerville News - Somerville,MA,USA
Many trees have been removed on Somerville Ave to make the sidewalks comply with the Americans with Disabilities Act. State projects are required by law to take down trees in order to make sidewalks sufficiently wide.It is because of concerned citizens like Narsesian that the Massachusetts Youthbuild Coalition (Youthbuild) and Eagle Eye Institute (EEI) were founded. EEI is based in Somerville and dedicated to its primary goal of combating global warming. Arbor Day, of course, is their biggest day of the year.
Not to be outdone, however, the city has got involved in fighting global warming by planting trees. In response to complaints of those such as Narsesian, Somerville's Executive Director of Communication, Tom Champion, underscores the city's unflagging commitment to the environment. "The Mayor has committed to increasing the total number of trees in the city by 20% in the next few years. In order to do that we must start with an inventory."

After 18 months of review, developers, tree lovers, and property owners still at odds over proposed ordinance; Des Moines, IA; 4/24/09

Tree meeting recap DesMoinesRegister.com - Des Moines,IA,USA
Wednesday night’s public meeting on a tree management ordinance in Des Moines exposed clear differences among conservationists, developers and some property owners.
It’s taken city officials some 18 months to come up with the ordinance’s current draft. All of the feedback generated between last night’s meeting and recent sit downs between city officials and developers could mean more tweaks to the ordinance.
Regarding those meetings city officials held with developers, Brian Millard, a neighborhood advocate from the Lower Beaver area, called upon city officials to make notes from those meetings public. Millard, who also serves on the city’s Plan and Zoning Commission, has been highly critical of the city’s closed sessions with developers.
Millard, a long-time tree preservation advocate, described the draft ordinance as reasonable.

Citizens call for review of city UTC restoration ordinance - provisions alleged to be burdensome; Pacific Grove, CA; 4/17/09

Mayor urges rethinking PG's tree ordinance Monterey County Herald - Monterey,CA,USA
After hearing complaints last month about Pacific Grove's tree removal and replacement law, Mayor Dan Cort has asked a city board to revisit the ordinance and see if modifications are in order.
Some residents say Pacific Grove has an unreasonable and "criminalized" ordinance requiring a permit for anyone removing a tree from their property and an agreement to replace it with at least two similar trees within 30 days.
The city's Beautification and Natural Resources Committee will conduct the review.
The object of the ordinance, Cort said, has been to restore the city's tree canopy, which has been disappearing during the past several decades.

Implementation failure of city tree preservation law leads to wildlife management issues; London, Ontario, Canada; 4/13/09

Deer cull talk as old as time London Free Press - London,Ontario,Canada
I went over the drawings of the proposed subdivision with a city planner. Then we bought the house. Despite the prospects of a lost woodlot and noisy construction, the house nicely matched the needs of our family. We gambled that the new housing wouldn't hurt the value of the property and took a little comfort in the fact that a tree "canopy" was to be preserved between existing homes and the new subdivision.
That canopy turned out to be developer flim flam; no such tree line was saved, revealing the city's tree preservation measures to be simultaneously cynical and impotent.
One certainty did, however, emerge: The gradual felling of those trees had the effect of involuntarily relocating -- or killing -- hundreds of animals that had made their homes in that woodlot.

Mayor and State Rep partner to close loophole in tree law, stopping pre-development clear-cutting; San Antonio, TX; 4/4/09

Tree-clearing developers told to 'sin no more'
Mayor Phil Hardberger stood on the steps of City Hall, announced he intended to close a loophole in San Antonio's tree preservation ordinance and told wayward developers Friday: “Go and sin no more.”
The mayor was flanked by state Rep. Mike Villarreal, D-San Antonio, who has authored legislation to give the city “more muscle” to enforce its land-use ordinances. A small crowd of environmentalists applauded Hardberger and Villarreal.
Friday's news conference was missing mayoral candidate Diane Cibrian, who, like the mayor, had pledged to fix the tree ordinance.
The city's rules are intended to protect San Antonio's diminishing tree canopy from urban sprawl, but a loophole allows developers to bulldoze trees for ranching or farming. Gutierrez had leased his property to a rancher, who bulldozed thousands of trees. Then one of Gutierrez's companies filed plans to develop the property.

Citizens upset by wide-spread tree removal in advance of tree protection law; Guelph, Ontario, Canada; 4/1/09

Tree-clearing frustrates city Guelph Mercury - Guelph,Ontario,Canada
Jim Riddell, director of community design and development, said city staff are working on a new tree bylaw. He said council should get a status update on the bylaw before summer, and the legislation should be in place by the end of this year.
But Piper wants to see something sooner, if possible.
"What I'm seeing lately are perfectly healthy trees coming down for no good reason whatsoever," Piper said, adding without an interim bylaw "we're going to continue losing healthy trees."
Coun. Mike Salisbury said he has noticed "pre-emptive tree clearing" in his west end ward, as developers remove foliage well in advance of building.

In the face of public outcry, council balks at completing remove and replace plan after removals have been completed; Pasadena, CA; 3/3/09

Council leans toward ban on removing healthy trees Pasadena Star-News - Pasadena,CA,USA
The city took preliminary steps Monday to order a suspension on tree removals, and officials could examine the possibility of changing the existing plan to replace ficus trees removed along Colorado Boulevard with ginkgo and palm trees.
Tree removal has come into focus as an issue over the last two months as the city went back and forth on the Colorado plan, which targeted for removal 35 trees in the city's Playhouse District between Los Robles Boulevard and Lake Boulevard, along with several more on side streets.

City tree code rewrite, more than a year in the making, still leaves issues unadressed; Denton, TX; 2/28/09

City readies tree code for vote Denton Record Chronicle - Denton,TX,USA
Some said the plan leaned too heavily toward tree replacement, rather than preservation, and complained it would allow clear-cutting in some cases. Others said it still lacked enough incentives for developers to save trees.
Like the current code, the proposal would require a permit for many tree removals. The applicant would submit an inventory of trees on the site and a plan for mitigating their removal, either by planting new trees on- or off-site or paying into a city-managed tree fund — options already offered to developers.

Proposed tree-cutting bylaw stirs strong feelings between foresters v. urbanites; Huntsville, Ontario, Canada; 2/25/09

Landowners should make own decisions on tree-cutting Huntsville Forester - Ontario, Canada
In an attempt to protect landowners from themselves, the bylaw legislates what a landowner can and cannot do with the trees on their privately owned — not publicly owned — property.
I would also suggest the writer do their homework and learn the difference between land development and timber harvesting. Land development is where trees are cut down so that structures can be built on the property. Timber harvesting is where trees are cut for the purpose of utilizing the wood and or improving the health and vitality of the forested property. There’s a huge difference. These are two different industries with two distinct purposes. Don’t confuse or lump the two together just because both involve the cutting of trees.

Interim tree protection bill passes; Seattle, WA; 2/23/09

City Council passes measure to protect trees Ballard News Tribune - Seattle,WA,USA
The Seattle City Council voted today to establish new interim tree protections that will limit tree removal in areas zoned for single-family, lowrise, midrise and commercial structures.
“It’s critical that the city follow through on its goal of growing our tree canopy,” said Council President Richard Conlin, sponsor of the legislation. “Protecting mature trees from unnecessary removal will contribute to our ability to fight the effects of global warming, mitigate flooding and the toxic effects of storm water run-off, safeguard the habitat of the city’s urban wildlife, and keep Seattle an attractive, vibrant city long regarded for its natural beauty.”