§ 8–651.04. Preservation of Special Trees; permits; penalties.

(a) It shall be unlawful for any person or entity, including the District government, without a Special Tree removal permit issued by the Mayor, to top, cut down, remove, girdle, break, or destroy any Special Tree.

(b) The Mayor shall issue a Special Tree removal permit under this section where the applicant has:

(1) Shown that the Special Tree in question is a Hazardous Tree;

(2) Shown that the Special Tree in question is of a species that has been identified, by regulation, as appropriate for removal; or

(3) Paid into the Tree Fund an amount not less than $55 for each inch of the circumference of the Special Tree in question.

(4) Repealed.

(d) A violation of subsection (a) of this section, or a failure to comply with the conditions contained in a Special Tree removal permit, shall constitute a violation subject to a fine of not less than $300 per each inch of the circumference of the Special Tree in question.

(e) The Mayor may increase the fee described in subsection (b)(3) of this section or the fine described in subsection (d) of this section by regulation.

(June 12, 2003, D.C. Law 14-309, § 104, 50 DCR 888; Dec. 17, 2014, D.C. Law 20-142, § 421, 61 DCR 8045; July 1, 2016, D.C. Law 21-133, § 2(b), 63 DCR 7134; Aug. 16, 2022, D.C. Law 24-152, § 2(c), 69 DCR 007730.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-142 repealed (b)(4) and (c) and made related changes.

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Section 7012 of D.C. Law 21-160 repealed § 4(b) of D.C. Law 21-133.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(b) 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.

Applicability of D.C. Law 20-142: Section 502(h) of D.C. Law 20-142 provided that § 421 of the act shall apply as of December 17, 2014.