§ 8–651.02. Definitions.

For the purposes of this chapter, the term:

(1) “Circumference” means the linear distance around the trunk of a tree, when measured at a height of 4 1/2 feet.

(1A) "Critical root zone" means the area of soil within a circle circumscribed around a tree's trunk using a radius, measured in inches, determined by multiplying the number of inches in the tree diameter, measured via a method determined by the Mayor, by no less than 18.

(2) “Director” means the Director of the Department of Transportation.

(3) “Hazardous tree” means a tree that, in the opinion of a certified arborist, is defective, diseased, dying, or dead and should be removed; poses a high risk of failure or fracture with the potential to cause injury to people or damage to property and should be removed; or is causing damage to property or structures that cannot be mitigated in any manner other than removal of the tree. In any case, the Mayor shall have the authority to determine that a tree is not hazardous.

(3A) "Heritage Tree" means a tree with a circumference of 100 inches or more.

(4) “Public parking” means that area of public space devoted to open space, greenery, parks, or parking that lies between the property line, which may or may not coincide with the building restriction line, and the edge of the actual or planned sidewalk that is nearer to the property line, as the property line and sidewalk are shown on the records of the District.

(5) “Special Tree” means a tree with a circumference between 44 inches and 100 inches.

(6) “Top” means, as defined by the latest edition of the ANSI-A300 pruning standards, the unacceptable act of tree pruning resulting in the indiscriminate reduction of the tree’s crown leading to disfigurement or death of the tree.

(7) “Tree Fund” means the Tree Fund established pursuant to § 8-651.07.

(8) "Tree Preservation Plan" means:

(A) A site plan that indicates the location of:

(i) Permitted work or work staging areas;

(ii) The critical root zones of all Special Trees or Heritage Trees on site; and

(iii) The critical root zones of all Special Trees or Heritage Trees on adjacent properties if those critical root zones extend into the property for which the permit is sought; and

(B) A description of the protective measures necessary to preserve the Special Trees or Heritage Trees.

(June 12, 2003, D.C. Law 14-309, § 102, 50 DCR 888; July 1, 2016, D.C. Law 21-133, § 2(a), 63 DCR 7134; Aug. 16, 2022, D.C. Law 24-152, § 2(a), 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 change made to this section by § 2(a) 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.