UFA, DDOT: Media Advisory - November 12, 2004

The Director of the District of Columbia Department of Transportation, pursuant to the authority of section 3(b) of Department of Transportation Establishment Act of 2002, effective May 21, 2002 (DC Law 14-137; DC Official Code § 50-921.02(b)); the Urban Forest Preservation Act of 2002, effective June 12, 2003 (DC Law 14-309; DC Official Code § 8-651.01 et seq.) (“the Act”); Mayor's Order 2003-11, January 16, 2003, and Mayor’s Order 2003-173, December 1, 2003), hereby gives notice of the intent to amend the Public Space and Safety Regulations (24 DCMR) by adding a new Chapter 37, Special Trees. This chapter implements the Act, which established an urban forest preservation program requiring a Special Tree Removal Permit prior to the removal of a tree with a circumference of 55 inches or more. These proposed regulations do not address whether and how monies deposited in the Tree Fund established pursuant to section 107 of the Act (DC Official Code § 8-651.07) will be used to provide income contingent subsidies to assist District residents with the removal costs of hazardous trees, as is authorized in subsection (b). The Department will continue to analyze this issue and the sufficiency of revenues that are dedicated to the fund to determine whether such a program would be financially sustainable.

Although the next available chapter in Title 24 would have been chapter 35, the Department wishes to reserve chapters 35 and 36 in the event that additional excavation related rules are needed. Final rulemaking action to adopt these amendments shall be taken in not less than thirty (30) days from the date of publication of this notice in the DC Register, but not until the Council adopts a resolution approving these rules as required by section 103(b) of the Act (DC Official Code § 8-651.03(b)).