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A Guide To Developing A Community Tree Preservation Ordinance Page 4 of 8 Home/property owners must understand the importance of their active involvement during the construction process.They should also have a basic knowledge of proper tree care to l successfully maintain the trees which remain on their lot.Construction workers must understand the goals of a tree preservation program and the importance of preserving a tree' root system. Education can take many forms including: ■ Workshops ■ Workshops with Community Leaders and Advisory Groups ■ Contractor Seminars ■ Staff Training Sessions ■ Mailing to Interested/involved Parties ■ Newsletters ■ Handouts ■ Awards/Events ■ ■ Recognize Contractors Who Excel at Tree Preservation (e.g., Builders Association of Minnesota, Awards of Environmental Merit, etc.) ■ Historic Trees Brochures/Big Tree Contests Typical Ordinance Elements The scope of the ordinance(or policy)will set the tone and determine how much regulation a local authority desires to assert over the protection and/or,preservation of its forest resource, and the extent of the educational efforts directed towards the public. Tree preservation ordinances have been developed locally and nationally to protect and preserve trees on private and public property.They are usually developed to coincide with zoning or property subdivision regulations.They can be very simple or complex in their scope.A simple ordinance may stipulate that the cutting of any tree larger than a certain diameter can be done only by permit and must be within a designated construction area.A complex ordinance on the other hand may include formulas to determine percentage of tree loss and the mitigation of the trees lost during construction with a specified number of newly planted trees. Purpose/Authority In most cases,tree preservation ordinances have been upheld in the courts as reasonable extensions of a local government's zoning authority. However,this authority needs to be consistent with that given to the local governmental body through state statute. Once this is determined,the ordinance should clearly state its purpose or goals..This will help with the implementation,enforcement,and defense if the ordinance is challenged. Definitions Any terms or common phrases that have special meaning within the body of the ordinance should be listed and defined. By using standard defined words the likelihood of misunderstanding or confusion when reading or enforcing the ordinance will be reduced. Be http://www.mnstac.org/RFC/preservationordguide.htrn 11/14/2007