1 __________________________
2 Chairman Phil Mendelson
3
4
5
6 A BILL
7
8 _________
9
10
11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12
13 __________________
14
15
16 To amend the Urban Forest Preservation Act of 2002 to change the definition of a Special Tree,
17 increase the fee for removal of Special Trees, establish a fee for the removal of Heritage
18 Trees, and limit the use of the Tree Fund for plantings on public property.
19
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the “Tree Preservation Enhancement Amendment Act of 2023”.
22 Sec. 2. The Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law
23 14-309; D.C. Official Code § 8-651.01 et seq.), is amended as follows:
24 (a) Section 102(5) (D.C. Official Code § 8-651.02) is amended by striking the phrase “44
25 inches” and inserting the phrase “25 inches” in its place.
26 (b) Section 104(b)(3) (D.C. Official Code § 8-651.04(b)(3)) is amended to read as
27 follows:
28 “(3) Paid into the Tree Fund an amount for each inch of the circumference of the Special
29 Tree in question of not less than:
30 “(A) $55 when the applicant is the owner of a property receiving the homestead
31 deduction pursuant to D.C. Official Code § 47-850; or
32 “(B) $100 when the applicant is the not owner of a property that is receiving the
33 homestead deduction pursuant to D.C. Official Code § 47-850.”.
1
34 (c) Section 104a (D.C. Official Code § 8-651.04a) is amended as follows:
35 (1) Subparagraph (b)(1)(A) is amended by striking the phrase “; or” and inserting
36 a semicolon in its place.
37 (2) Subparagraph (b)(1)(B) is amended by striking the phrase “removal.” and
38 inserting the phrase “removal; or” in its place.
39 (3) A new subparagraph (b)(1)(C) is added to read as follows:
40 “(C) Paid into the Tree fund:
41 “(i) An amount not less than $350 for each inch of the
42 circumference of the Heritage Tree in question; or
43 “(ii) An amount not less than $250 for each inch of circumference
44 of the Heritage Tree in question and established a perpetual conservation easement on a portion
45 of land in the District, of a size in square feet, equal to the diameter of the Heritage Tree in
46 question in inches multiplied by three.”.
47 (4) Subsection (c) is amended by striking “$300” and inserting “$500” in its
48 place.
49 (d) Section 107(b)(1)(A) (D.C. Official Code § 8-651.07) is amended by striking the
50 phrase “school property” and inserting the phrase “school property, in an annual amount not to
51 exceed 25% of the running five-year average of the receipts of the fund” in its place.
52 Sec. 4. Fiscal impact statement.
53 The Council adopts the fiscal impact statement in the committee report as the fiscal
54 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
55 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
56 Sec. 5. Effective date.
2
57 This act shall take effect following approval by the Mayor (or in the event of veto by the
58 Mayor, action by the Council to override the veto), a 60-day period of congressional review as
59 provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
60 24, 1973 (87 Stat. 788; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of
61 Columbia Register.
3