Landmark Tree Protection

Interim Landmark Tree Ordinance

Page last updated on:

October 25, 2024

Cutting down trees that are 36 inches or greater in diameter at breast height, or other landmark trees can result in significant fines. Learn more about interim ordinance regulations and exceptions below.

To prevent the removal of exceptional trees in anticipation of new regulations, the Bellingham City Council enacted an Emergency Landmark Tree Ordinance on May 20, 2024, that took effect immediately upon approval. After a public hearing on July 15, 2024, City Council revised the ordinance, and the updated version took effect. The ordinance protects trees that are considered “landmark trees” – the largest, most significant trees in Bellingham – establishes a landmark tree inventory and a permitting process for removal, and establishes a larger fine for illegal removal.

In the draft Urban Forest Plan that was shared with the community in April 2024, development of a tree protection ordinance was one of the recommended actions. After the draft was shared publicly, during a technical advisory group listening session, several industry professionals said they were receiving a higher volume of calls for tree removal, and development applications were being submitted with trees already removed.

Typically, once public notice is issued for an ordinance, it takes at least six weeks to become effective. The City Council took emergency action in this case because in that typical six-week period, more landmark trees were at risk of being damaged or removed without the benefit of a replacement plan or mitigation strategy.

This is an interim ordinance while we complete the Urban Forest Plan and refine the permanent rules for landmark trees. The emergency ordinance applies to permit applications submitted starting May 21, 2024. It does not apply to permit applications that were submitted before that date.

Learn more about RCW 36.70A.390, which allows cities to adopt interim zoning controls such as this.

Any tree that has a trunk diameter of 36 inches or greater at breast height (DBH) that’s in a healthy growing condition is automatically designated as a landmark tree (with the exception of black cottonwood trees, which are automatically excluded).

>>Learn how to measure a tree’s diameter at breast height (DBH).

Additionally, other trees can be nominated for consideration based on the below criteria. If they are approved, they will appear on the landmark tree inventory map.

Has a distinctive size, shape, or location, or is of a distinctive species or age.
Is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along ridge lines.
Has a documented association with a historical figure, property or significant historical event.
Serves significant benefit for wildlife habitat, such as nesting or feeding.
Groves of trees can also be nominated per similar standards, which are detailed in the ordinance.

Please note that “possesses exceptional beauty” was included in the criteria prior to a Bellingham City Council decision on July 15, 2024, when they decided to remove it as an option.

Building a Landmark Tree Inventory

As part of this ordinance, we have started building an inventory of landmark trees and groves. While the inventory is in very early stages, the map below shows some of our city’s landmark trees. We will continue to build on this map. Anyone can nominate a tree for the landmark tree inventory – nominations will go through a review process and, if approved, will be added to the inventory.

This map does not include all landmark trees.

Most trees that are 36 inches or greater in diameter at breast height are automatically considered landmark trees, even though they may not be shown on the map. Before removing or harming these large trees, contact the Permit Center.

Nominate a Landmark Tree Report a Violation

>>Learn how to measure a tree’s diameter at breast height (DBH).

Process, Timeline and Public Feedback

Process and Timeline

The ordinance took effect immediately after the City Council’s approval on May 20, 2024, and would have expired on November 19, 2024, but was extended on October 21, 2024 – it will remain in effect for six months or until City Council amends the ordinance.

Public Feedback

A public hearing on the ordinance was held before the City Council on July 15, 2024. The hearing was required to be scheduled within 60 days of the May 20 emergency ordinance adoption date.

There will be future opportunities to comment on a more permanent version of the ordinance, which must go through a public review process with the Planning Commission and City Council before being enacted. This webpage will be updated with those opportunities as they are scheduled.

Additionally, questions and concerns can be sent to landmarktrees@cob.org.

How can I see the tree inventory and how do trees get added to it?

As part of this ordinance, the City will establish a Landmark Tree Committee, and create and maintain an inventory of landmark trees or grove trees (see above).

Anyone can nominate a tree for inclusion in the landmark tree inventory. If a tree is nominated by someone who doesn’t own the land on which the nominated tree sits, the owner of that property will be notified. The Landmark Tree Committee will review nominations and make recommendations to the Director of Planning and Community Development.

What does protection of these trees look like?

Landmark trees cannot be removed, damaged, or harmed without approval from the City. However, normal pruning and maintenance of landmark trees is allowed, as is work performed or authorized by a state or federal agency. Anyone who is found to have violated the landmark tree ordinance will be charged a minimum of $800 and a maximum of $5,000 for each violation.

The Director of Planning and Community Development can approve removal or damage of a landmark tree if:

It’s necessary to enable construction on or reasonable use of a property and an applicant has demonstrated that all reasonable efforts have been examined with the intent to avoid and minimize the removal of a landmark tree.
It’s necessary to maintain utilities, access, or to fulfill the terms of an easement of covenant record prior to the adoption of the ordinance.
The tree is hazardous as defined by the ordinance.

Tree Care Guidance

Find out what is considered normal and permissible pruning and maintenance per the ordinance.