*NOTE: This section includes amendments by temporary legislation that will expire on May 14, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version .*
*NOTE: This section includes amendments by temporary legislation that will expire on May 14, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version .*
(a)It shall be unlawful for any person or entity, including the District government, without a Heritage Tree removal permit issued by the Mayor, to top, cut down, remove, girdle, break, or destroy any Heritage Tree.
(1)The Mayor shall issue a Heritage Tree removal permit under this section where the applicant has:
(A
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*NOTE: This section includes amendments by temporary legislation that will expire on May 14, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version .*
*NOTE: This section includes amendments by temporary legislation that will expire on May 14, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version .*
(a) It shall be unlawful for any person or entity, including the District government, without a Heritage Tree removal permit issued by the Mayor, to top, cut down, remove, girdle, break, or destroy any Heritage Tree.
(1) The Mayor shall issue a Heritage Tree removal permit under this section where the applicant has:
(A) Shown that the Heritage Tree in question is a Hazardous Tree; or
(B) Shown that the Heritage Tree in question is of a species that has been identified, by regulation, as appropriate for removal.
(2) The Mayor may issue a Heritage Tree removal permit under this section where the applicant has averred in the Heritage Tree removal permit application that the applicant will relocate and replant, in compliance with any applicable regulations, the Heritage Tree to an identified new location within the District, without significant harm to the tree; provided, that it shall be a violation of subsection (a) of this section if a Heritage Tree that is relocated and replanted pursuant to this paragraph dies within 3 years of replanting.
(3) The Mayor shall issue a Heritage Tree removal permit under this section for a Heritage Tree that abuts or is within the site of the Long Bridge Project managed by the Virginia Passenger Rail Authority if:
(A) There is no reasonable design alternative that can avoid the location of the Heritage Tree;
(B) The Urban Forestry Division has determined that the tree cannot reasonably be protected in place;
(C) The applicant has demonstrated that:
(i) The cost of relocation exceeds $1 million; or
(ii) Relocation would cause an undue burden to the public; and
(D) The applicant has agreed to pay $1,200 per each inch of the circumference of the Heritage Tree in question.
(c) A violation of subsection (a) of this section, or a failure to comply with the conditions contained in a Heritage Tree removal permit, shall constitute a violation subject to a fine of not less than $300 per each inch of the circumference of the Heritage Tree in question.
(d) The Mayor may increase the fine described in subsection (c) of this section by regulation.
(e) This section shall not apply to a Heritage Tree located in Lots 865, 866, 867, 868, and 869 in Square 5056 for which the Zoning Commission has approved a planned unit development prior to July 1, 2016; provided, that a fee calculated at the rate applicable for special trees pursuant to § 8-651.04 shall be paid for each Heritage Tree removed from the aforesaid lots.