Jurisdiction

The Urban Forestry Program has no jurisdiction over private property and cannot give legal advice between private property owners. The authority of the Urban Forestry Program is over public trees only.

 

 

 

 

 

 


This authority lies in the following excerpt of the Municipal Code:

Chapter 12.02 Obstruction, Encroachment of Public Ways
Article V: Urban Forestry Program
Section 12.02.904 Urban Forestry Program.

    A. Establishment.
          The urban forestry program is established within the parks and recreation department, which exercises
          jurisdiction over trees and shrubs within the public rights-of-way and other public places.

    B. Responsible Official.
          The director of parks and recreation is designated as the responsible official for administering the urban
          forestry program. The director may designate an employee as the urban forester to    
          perform the duties to administer the program.

    C. Authority.
          1. The director regulates and permits the planting, pruning, removal, replacement and
              maintenance of all street trees.
          2. The director, with the advice and assistance of the tree committee, will prepare the Arboricultural
              Manual and will present the manual to the park board and city council for adoption.
          3. The director, with the advice and assistance of the tree committee, will prepare the Vegetation
              Management Plan and will present the plan to the park board, plan commission and city  
              council for adoption.
          4. The director examines all trees and shrubs within the scope of this Article to determine whether they
              are contagiously diseased, dead or hazardous, obstructing the right-of-way, or posing
              a threat to public safety, having the right to take samples from trees and shrubs for laboratory testing.
          5. The director, with the advice and assistance of the tree committee, will develop a plan for assisting
              property owners with their street trees, which plan includes educational programs and
              criteria for financial assistance.
          6. The director will develop educational programs for the public promoting proper urban forestry
              practices.
          7. The director will facilitate the establishment of a citizen advisory committee to facilitate citizen
              participation in the urban forestry program.