Many municipal tree ordinances identify certain punishable tree-related misdemeanors. They also limit the removal of trees from private property during development and construction, and require permits for the removal of trees from public land. But while retaining some of these restrictions, Huntsville’s new tree ordinance emphasizes management and education much more than regulation.

Negotiations took place for over two years before the Tree Commission arrived at a wording that all parties could live with. The toughest bone of contention was power-line clearances. Huntsville has a long growing season and tremendous species diversity, but these blessings mean either severe line-clearance pruning or frequent re-pruning of fast-growing trees. The compromise that broke the log-jam was to increase the clearance distance around distribution lines to 15 feet for nine fast-growing species (hackberry/sugarberry, boxelder, silver maple, tree-of-heaven, cottonwood, princesstree, Siberian elm, black cherry, and loblolly pine), while leaving the clearance for others at 10 feet.

Balancing this change were several other innovations:

• Adoption of ANSI Standards A-300 (practices) and Z-133 (safety) for all tree work on public land;
• Adoption of a removal-and-replacement program for trees that cannot be adequately pruned for power line clearance without violating ANSI Standard A-300;
• Inclusion of the “Greenspace Planting Agreement” originally adopted in 1990 by a city council Resolution;
• Specific procedures by which the City deals with problems in street- and easement-trees;
• Procedures by which the City deals with privately-owned trees posing a hazard to the public;
• Required planning for management of trees on public land during construction;
• A program for education of tree-service field crews (commercial, utility, etc.).

Possibly the most unusual feature of the new ordinance is the “Greenspace Planting Agreement,” carried forward from a 1990 City Council resolution, allowing the city to plant replacement trees on private property under certain conditions:

• That the replacement trees will have a dual character as street trees and yard trees;
• That the adjoining property owner will accept ownership of the new trees and responsibility for their maintenance;
• That their species and location are mutually agreeable to the adjoining property owner, the City, and the utility company;
• That the City may agree to plant the trees;
• That the City will provide information on their care, and will provide preventive pruning after a one-year establishment period; and
• That the adjoining property owner will provide other care for the trees, including watering and mulching, avoiding damaging the trees during mowing, and pruning subsequent to the initial first-year pruning.

Huntsville’s new tree ordinance also revises city policies on some topics included in previous versions, such as:

• A general policy statement defining private and public rights and responsibilities for trees;
• Revision of definitions embodying an improved understanding of tree biology, the legal status of trees on easements, utility line-clearance problems, and other matters;
• Confirmation of clearances between trees and streets, sidewalks, alleys, traffic-control signs and signals, and street lighting;
• Removal and replacement of trees on public land;
• The City’s role in the management of trees on private land;
• Adoption of tree-planting standards, including:
• Choice of appropriate species and varieties
• Minimum size at planting
• Separation from electric utility lines
• Separation from sanitary and storm sewers

Huntsville’s first tree ordinance came in 1981, with amendments in 1985, 1990, and 1996. However, no previous version has taken such a positive stand in dealing with existing tree problems and creating a tree canopy for future generations.

Huntsville’s Municipal Code may be seen via the “Municode” link on the home page of the city's website, http://www.ci.huntsville.al.us/index.html.

The new ordinance on tree-care standards (#04-45) is incorporated into the Municipal Code as Chapter 27, Article II – Trees. A “pdf” version of this section is available on Huntsville’s Urban Forestry website, http://www.hsvgreen.info/TreeOrd04-05.pdf .

The section establishing Huntsville’s Tree Commission appears on the “Municode” site as Chapter 2, Article 7, Division 8.

March 26, 2004

For more information contact:

City of Huntsville Urban Forestry & Horticulture
2920 Newby Road, SW,
Huntsville, AL 35805-4722
(256) 883-3707 / fax (256) 883-3764