§ 2-15-8. Permits for cutting or removal of plants or debris — Replacement of damaged or removed
trees.
(a) Whenever any person, firm, or corporation other than a tree warden or his or her deputy,
or an authorized agent of the department of transportation, or an authorized agent
of the department of environmental management, or an authorized agent of the park
commission of any town or city, or an electric distribution company that is effectuating
vegetation management standards and practices as approved by the division of public
utilities and carriers pursuant to § 39-34-3, desires the cutting or removal, in whole or in part, of any public shrub or ornamental
or shade tree, or the burning of any rubbish or debris upon any public highway or
in any park or public grounds, that person, firm, or corporation shall apply in writing
to the tree warden or the department of transportation, the department of environmental
management, or the park commission of any town or city, as the case may be, for permission
to do the cutting, removing, or burning, and shall obtain a written permit before
the cutting, removing, or burning shall commence.
(b) When the application is made for the cutting or removal of trees along any public
highway for the purpose of moving, constructing, or demolishing any building, the
permit shall contain a provision that the applicant shall replace any trees that are
removed or in the opinion of the issuer are substantially damaged in the process at
the applicant's own expense and file a bond in an amount and with surety suitable
to the issuer of the permit to assure performance of the same. The sum of the diameter
of the replacement trees shall be substantially equivalent to the sum of the diameters
of the trees that were cut or removed, and shall be planted within the immediate community
area.
(c) Any person, firm, corporation, or governmental entity that removes or substantially
damages, in whole or in part, any tree on public grounds shall replace the tree with
a substantially equivalent tree or trees, the sum of the diameters of which are equal
to twice that removed or damaged, in the immediate vicinity of the tree removed or
damaged. This subsection does not apply to a public utility or its authorized agent
when the work being performed is in accordance with a written tree trimming and tree
replacement program filed with and approved by the tree warden in the municipality
where the work is being done or by the state forester for work to be performed on
state land and in municipalities that do not have functioning tree wardens or in accordance
with vegetation management standards and practices approved pursuant to § 39-34-3.