Emergency Landmark Tree Ordinance
updated 6/13/2024
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. It took effect immediately upon approval. This 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 Forestry 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.
Process, Timeline and Public Feedback
Process and Timeline
The emergency ordinance took effect immediately after the City Council’s approval on May 20. It will remain in effect for six months or until City Council amends the ordinance.
Public Feedback
A public hearing before the City Council is required and will be scheduled within 60 days of the May 20 emergency ordinance adoption date.
Additionally, questions and concerns can be sent to landmarktrees@cob.org.
What is a Landmark Tree?
The following criteria will be used to determine if a tree should be included on the City’s landmark tree inventory:
- Any tree that has a trunk diameter of 36 inches or greater in a healthy growing condition will be automatically included.
- Black cottonwood trees are automatically excluded.
- Trees meeting one or more of the following may be nominated for inclusion in the inventory:
- Has a distinctive size, shape, or location, or is of a distinctive species or age.
- Possesses exceptional beauty.
- 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.
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. Trees in the inventory will eventually be viewable online via the City’s GIS database.
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.
