Denver bill would protect designated Legacy Trees and require planting for some projects
The proposal would add safeguards for exceptional trees and construction sites, and require a market-rate fee when developers cannot plant trees as required.
Denver’s proposed Council Bill 26-1451 would create a voluntary “Legacy Tree” designation, add protections for trees during construction and require planting for some development projects. Developers unable to meet a planting requirement would pay a per-tree fee set by the city forester at market rates, under the draft ordinance.
Trees could qualify for Legacy status based on size, age, rarity or historical or cultural significance. A tree would receive protection while the city forester reviews a designation application. If approved, the designation would be recorded with city property records. Owners could not remove or damage designated trees, although the draft allows a designation to be lifted in specified circumstances, including an imminent safety hazard or when a tree prevents reasonable development after design options and zoning relief have been exhausted.
The proposal would require planting for projects such as new primary structures, certain accessory structures or additions with estimated construction costs of $100,000 or more, and some street construction. It would also require permits to remove established trees in protected street setbacks during demolition or construction, and require protective measures for trees during construction. The city forester could require monitoring by a qualified arborist.
When required planting is infeasible, the fee would be due before a building permit is issued and would go to the Public Tree Canopy fund. The draft would have the city forester set a market-based rate schedule, which could be adjusted annually.
As of Oct. 2, the city’s Legistar matter record listed the bill for Parks, Art and Culture Committee consideration on Oct. 6.