HomeMy WebLinkAboutordinance.council.11-24ORDINANCE # 11
(Series of 2024)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 13.203 OF THE ASPEN MUNICIPAL
CODE.
WHEREAS, trees provide important environmental, aesthetic, and health
benefits to the people and guests of the City of Aspen which extend beyond the
boundaries of the property on which they grow; and,
WI�REAS, trees contribute to real estate values throughout the community;
WI�REAS, large trees are a resource which cannot reasonably be fully
replaced if injured, damaged or removed; and
VVITREAS, the City recognizes that wildfires are a natural part of Colorado
forests, and that wildfire poses a significant risk to the community of Aspen, and
V�I�REAS, maintaining a defensible space around a structure within the
wildland urban interface is important to reducing wildfire risk, and
VVTREAS, by adopting policy for tree removal that encourages replanting
of fire- resistant plant and tree material, that the City will gradually shift the urban
forest to a more fire resilient composition, and
WHEREAS, the City aims to maintain appropriate canopy cover while
addressing the hazards of wildfire risk; and.
WI�III EAS, the City will consider established best practices to help mitigate
certain risk, such as the strategic pruning or removal of trees and vegetation
ad0acent to structures; and
WI-WREAS, the City recognize the benefits of maintaining a healthy urban
forest for the reduction of urban heat and the storage of carbon; and
WIMREAS, the Parks Department of the City of Aspen has the expertise
and qualified staff to effectively and fairly administer the wildfire tree removal
policy to prevent unnecessary damage or destruction of trees; and
WI�REAS, Chapter 13.20 of the City of Aspen Municipal Code ("Code")
currently provides permitting procedures intended to preserve to the fullest extent
possible the City's urban forest; and
WI�REAS, the proposed amendments to Chapter 13.20 further the City's
preservation efforts with respect to the urban forest, and adopt additional
provisions that will allow the Parks and Recreation Director to issue tree removal
permits or authorize relocation of a desirable tree if wildfire risks necessitate such
action; and
WHEREAS, the proposed Wildfire Mitigation Policy identifies relevant
criteria and sets forth guidelines to assist Parks and Recreation staff in determining
wildfire risks in a fair and equitable manner, and
WI�REAS, the aforementioned amendments and policy encourage planting
of fire resistant trees and shrubs to strengthen the resiliency of the City's urban
forest; and
WHEREAS, the City Council has determined that the health, safety, and
general welfare of the citizens, residents, and visitors of Aspen will be served by
this Ordinance, which will provide the necessary updates to the Code so that the
Parks and Recreation Director can effectively manage wildfire tree removal and
relocation, and balance wildfire risk in manner that does not damage or degrade the
urban forest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO,
That Chapter 13.20 of the Municipal Code of the City of Aspen is hereby amended
and shall read as follows:
Changes to the previous code have been highlighted in red.
Sec. 13.20.020. Removal of trees; permit required; valuation.
(a) Applicability of Section and definition. The terms and provisions of this
Chapter shall apply to all private and public real property situated in or
subsequently annexed to the corporate limits of the City. The term tree shall
include, for purposes of this Chapter, all deciduous trees having a trunk
diameter at breast height (DBH) of six (6) inches or more, Querus gambelli
(Gamble Oak), Acer glabrum (Rocky Mountain Maple), Amelanchier spp.
(Serviceberry) and Prunus Virginiana (Chokecherry) with a trunk diameter of
three (3) inches or more and coniferous trees having a trunk diameter of four
(4) inches or more. Trunk diameters (DBH) shall be measured in inches
measured as close to four and one-half (4Y2) feet above ground as possible.
(b) Removal or damage to trees prohibited without permit.
(1) It shall be unlawful for any person, without first obtaining a permit as
herein provided, to remove or cause to be removed any tree.
(2) It shall be unlawful for any person, without first obtaining a permit for tree
removal as herein provided, to dig, excavate, turn, compact or till the soil
within the critical root zone (CRZ) of any tree in such a manner as to
cause material damage to the root system of the tree. For purposes of this
Subsection, the critical root zone (CRZ) of a tree is a cylinder extending
from grade level down to a depth of ten (10) feet below grade, having a
radius in feet equal to the diameter at breast height (DBH) of the tree in
inches, with the center of the cylinder located at the center of the trunk of
the tree.
(3) It shall be unlawful for any person to park or place machinery,
automobiles or structures; or to pile, store or place, soil, excavated
material, fill or any other matter within the critical root zone (CRZ) of any
tree. During construction of any structure or other improvements, the
Parks and Recreation Director or his or her designee may require the
erection of suitable barriers around all trees, including trees not included
in the definition set forth at Subsection (a) above, to be preserved. These
protection areas will be established on site in order to protect existing
natural resources when appropriate. Roots must be protected from
exposure to the elements with burlap or other suitable materials and these
materials must remain moist during the extent of the project. In addition,
during construction, no attachments or wires other than protective guy
wires shall be attached to any tree.
(4) Where construction of structures or improvements on any property
necessitates the removal or relocation of any trees, the Parks and
Recreation Director or his or her designee, may, as a condition for the
approval of the removal or relocation, require that the owner replace any
removed or relocated trees with a tree or trees of comparable value on the
affected property. When in the opinion of the Parks and Recreation
Director or his or her designee, replacement of removed or relocated trees
cannot reasonably be accommodated on the affected property; the
applicant shall pay a cash4n4ieu amount equal to the comparable value of
the aggregate of all trees removed as determined pursuant to Section
13.20.020(e), below.
(5) It shall be unlawful for any person, without first obtaining a permit for tree
removal as herein provided, to intentionally top, damage, girdle, limb up
or poison any healthy tree. For purposes of this Section, topping a tree is
the removal of more than five percent (5%) of the height from the top of
any deciduous tree or the removal of the terminal bud from a coniferous
tree. The terminal bud of a coniferous tree is the highest bud on the tree.
(6) It shall be unlawful for any person, without first obtaining a permit as
herein provided, to relocate any tree. If a relocated tree dies within two (2)
years of relocation and is not replaced with a tree of equal value, the death
of the relocated tree shall be deemed an unpermitted tree removal. This
Section shall not apply to the initial planting of trees obtained from
nursery stock.
(7) It shall be unlawful for any person to fail to provide the Parks and
Recreation Director or his or her designee, with written notice, delivered at
least four (4) working days in advance, of the time and date on which
removal of any tree will occur. Written notice pursuant to this Section is
required even if a permit for tree removal, as herein provided, has been
obtained.
(8) In the event a tree poses a hazard to the public or harbors pests which may
spread to other trees the City may give a written notice of abatement to the
tree's owner. After the expiration of the notice the City may correct the
hazard or condition caused by the tree, and the owner of the trees will be
liable for any costs associated with the abatement work.
(9) Each violation of the above Subsections (b)(17) shall be a separate
offense.
(c) Penalty. Any person convicted of violating any provision of Chapter 13.20
shall be subject to punishment as set forth in Section 1.04.080 of this Code.
(d) Tree removal permits.
(1) Any person wishing to obtain a permit or relocate a tree shall file an
appropriate application with the Parks and Open Space department. Such
application shall contain such information as the Parks and Recreation
Director or his or her designee, shall require to allow adequate
enforcement of this Section.
(2) On request of the Parks and Recreation Director or his or her designee and
when necessary to adequately apprise the Parks and Recreation Director or
his or her designee, of the intended tree removal, said application shall
include a site plan showing the following.
a. Location of proposed driveways and other planned areas or structures
on said site;
b. Location of all trees four (4) inches or over identified by trunk
diameter and species; (3) inches or over for native species.
c. Designation of all diseased trees and any trees endangering any
roadway pavement or structures and trees endangering utility service
lines;
d. Designation of any trees proposed to be removed, retained and
relocated and areas which will remain undisturbed;
e. Any proposed grade changes on the site.
f. Location of all site improvements including subsurface improvements
such as utilities, irrigation infrastructure or foundation work.
(3) After filing said application, the Parks and Recreation Director or his or
her designee, shall review the application (and site plan if required) and
determine what effect the intended removal or relocation of trees will have
on the natural and historic resources of the area. Based on a review of the
following factors, the Parks and Recreation Director shall either grant or
deny the requested permit.
a. Whether the trees intended for removal or relocation are necessary to
minimize flood, wildfire, snowslide or landslide hazards;
b. Whether retention of the trees is necessary to prevent excess water
runoff or otherwise protect the watershed;
c. Whether the removal or relocation of the trees will cause wind erosion
or otherwise adversely affect air quality;
d. The condition of the trees with respect to disease, danger of falling
and interference with utility lines;
e. The number and types %J trees in the neighborhood, the contribution
of the trees to the natural beauty of the area and the effect of removal
or relocation on property values in the area;
f. The necessity or lack thereof, to remove the trees to allow reasonable
economic use and enjoyment of the property;
g. The implementation of good forestry practices, including
consideration of the number of healthy trees that the parcel of land in
question can support;
h. The adequacy of the methods proposed to be used to relocate any
trees; and
i. The impact of any tree on a historically designated property or
adjacent right-of-way by considering the following matters.
1. In cases where a tree is jeopardizing the physical integrity of a
historically designated structure through contact with the
building, heaving due to roots or shading that results in decay,
deterioration or structural defect, this shall be justification for the
issuance of a tree removal permit exempt from mitigation
pursuant to Section 13.20.020(d). Examples of unacceptable
impacts to a historically designated structure include:
deterioration of exterior walls, foundations or other vertical
supports; deterioration of flooring or floor supports or other
horizontal members; deterioration of external chimneys;
deterioration or crumbling of exterior plasters or mortars;
ineffective waterproofing of exterior walls, roofs and foundations,
the inability to retain paint on exterior surfaces; or excessive
weathering of exterior surfaces. The applicant for a tree removal
permit shall be required to submit proof of the damage that is
occurring in the form of a written evaluation from a third party
with expertise in structural engineering or a relevant building
trade. The Parks and Recreation Director may suggest means to
prevent the tree from causing further damage short of its removal
if these actions would meaningfully reverse the problem.
2. In cases where, per the advice of the Historic Preservation
Commission, a tree detracts from the integrity of a landscape
which has been historically designated for its own merits, this
shall be justification for the issuance of a tree removal permit
exempt from mitigation pursuant to Section 13.20.020(d).
3. In cases where the visibility of the street facing facades of a
historically designated structure are impacted by an evergreen tree
which is not located in the City right-of-way, to the extent that the
public enjoyment of the resource is seriously diminished per the
advice of the Historic Preservation Commission, this shall be
justification for the issuance of a tree removal permit exempt
from mitigation pursuant to Section 13.20.020(d). The Parks and
Recreation Director may consider whether the tree in question has
a unique character to offset the negative impact to the structure.
This character may include an unusual or unique species or
specimen tree quality. The Parks and Recreation Director may
suggest means to prevent the tree from obstructing the resource,
short of its removal, if these actions would meaningfully reverse
the problem.
4. In cases where,. per the advice of the Historic Preservation
Commission, a tree is inconsistent with established historic
landscape patterns in the area or landscape practices associated
with the period of significance of the property or district, the
removal or relocation of the tree should be considered, subject to
mitigation pursuant to Section 13.20.020(d). The Parks and
Recreation Director may consider whether the tree in question has
a unique character to offset the negative impact to the structure.
This character may include an unusual or unique species or
specimen tree quality.
5. In cases where, per the advice of the Historic Preservation
Commission, the protection of a tree conflicts with the
redevelopment of a historically designated property in a manner
that is consistent with the "City of Aspen Historic Preservation
Design Guidelines," the Parks and Recreation Director shall
consult with the Historic Preservation Commission to consider the
feasibility of all options including removal or relocation of the
tree or redesign of the development. Unless the tree is an unusual
or unique species or specimen tree quality, flexibility shall be
allowed for its removal or relocation in favor of the best
preservation option for the historic structure, subject to mitigation
pursuant to Section 13.20.020(d).
(4) Where construction of structures or improvements on any property
necessitates the removal or relocation of any trees, the Parks and
Recreation Director or his or her designee, may, as a condition for the
approval of the removal or relocation, require that the owner replace any
removed or relocated trees with a tree or trees of comparable value on the
affected property. When in the opinion of the Parks and Recreation
Director or his or her designee, replacement of relocated trees cannot
reasonably be accommodated on the affected property; the applicant shall
pay a cash -in -lieu amount equal to the comparable value of the aggregate
of all trees removed. Comparable value for purposes of this Section shall
mean a tree or trees of equal aggregate value and species to the
replacement cost of the tree to be removed or relocated.
(5) Where wildfire risk is identified as a basis for a removal permit for either
removal or relocation of any trees, the Parks and Recreation Director, or
his or her designee, shall either grant or deny the requested permit based
upon criteria identified in the Wildfire Mitigation Policy.
a. As a condition of approval of the removal or relocation, the Parks
and Recreation Director may require that the owner replace any removed
or relocated tree with a tree or shrub designated as a fire-resistant species.
The Parks and Open Space Department shall maintain a list of suitable
fire-resistant tree and plant species and make that list available to the
public via its website or at the office of the department.
b. When afire -resistant species is planted to mitigate the value of the
removed tree, the value of the fire-resistant plant shall be multiplied by a
variable to be established in the Wildfire Mitigation Policy to incentivize
replanting landscapes with fire resistant plants, instead of vegetation
removal and cash -in -lieu payments.
c. When in the opinion of the Parks and Recreation Director or his or
her designee, replacement of removed tree with afire -resistant plant
cannot reasonably be accommodated on the affected property; the
applicant shall pay a cash -in -lieu amount set forth in the Wildfire
Mitigation Policy.
d. Pursuant to the powers and authority conferred by the Charter of
the City, there 0s hereby adopted and incorporated herein by reference as if
fully set forth the procedures and policies contained in he Wildfire
Mitigation Policy. The Wildfire Mitigation Policy will set forth the
criteria and factors to be considered when determining whether wildfire
risks necessitate tree removal or relocation, the methodologies and fee
waivers that are granted for the purposes of reducing wildfire, risk related
to vegetation on a property. The Wildfire Mitigation Policy may be
amended, updated, and expanded from time to time by City Council
Resolution. At least one copy of the Wildfire Mitigation Policy shall be
available for public inspection at the offices of the Parks and Open Space
Department.
(6) No trees shall be removed from City property except in accordance with
Chapter 21.20 of this Code.
(7) The removal of dead trees shall require prior notice to the Parks and
Recreation Director or his or her designee and a permit from the City.
(8) In case of an emergency caused by a tree being in a hazardous or
dangerous condition posing an immediate threat to person or property,
such tree may be removed without resort to the procedures herein
described; provided, however, that evidence of such an emergency is
provided to the Parks and Recreation Director or his or her designee,
within twenty-four (24) hours.
(9) After obtaining a permit as herein provided the responsible party must post
the permit in such a manner that it is clearly visible from curbside of the
property.
(e) Valuation of trees. When, in accordance with this Section, the value of a tree
must be determined, the Basic Value shall be $X per square inch of the cross -
sectional area of the tree at the point where the diameter of the tree is
measured. In calculating the Basic Value, the following equation shall be used:
Basic Value = $X x 7E x (D/2)2
Where: D =the diameter of the tree in inches, measured at 4.5 feet from the
ground.
X =the $(dollar) value assigned in the Tree Fees -Mitigation Fee in Section
2.12.080.
19-2004 § 1; Ord. No. 16-2016 § 2)
Sec. 13.20.030. Fees.
The applicable administrative fees for tree removal permits and permits to
landscape in the public right -of --way shall be as established in Section 2.12.080,
Parks Department fees, where a 'Standcdone tree removal permit' is a request
unrelated to construction activities and a 'Development Tree Removal Permit' is a
request where construction of a structure or improvements on any property
necessitates the removal or relocation of any trees.
Sec. 13.20.040. Appeals.
Any person not satisfied with the action taken by the Parks and Recreation
Director or his or her designee or any other City staff person regarding an
application pursuant to this Chapter shall have the right to take successive appeals,
First to the City Manager and then to the City Council. An appeal to the City
Manager shall be taken by filing with the City Clerk a signed statement that the
applicant desires to appeal to the City Manager, along with a copy of the
application and the written denial or the permit objected to. An appeal of a decision
by the City Manager to the City Council shall be taken by filing with the City
Clerk copies of the application, denial or permit and the written decision issued by
the City Manager, along with a signed statement that the applicant desires to
appeal to the City Council. Each appeal shall be filed within two (2) days,
exclusive of Saturdays, Sundays and legal holidays, of the decision appealed from.
An informal summary hearing shall precede a decision by either the City Manager
or City Council, and advance notice of the hearing shall be provided to the
applicant and the City official whose decision is being appealed as soon as is
practicable. The right to appeal an adverse decision by the City Manager to City
Council shall be contingent upon City Council's regular meeting schedule. If the
applicant's appeal cannot be heard by the City Council within ninety (90) days of
the original decision then the City Manager's decision shall be final.
( Ord. No. 19-2004 , § 1)
(Supp. No. 4, Update 4)
Created: 2023-08-21 14:13:19 [EST]
Page 10 of 11
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 23" day of July 2024.
ATTEST:
Nicole Henning, City C�'e�rk
Torre, Mayor
FINALLY, adopted, passed and approved this 13th day of August, 2024.
ATTEST:
Nicole Henning, City C�irk
APPROVED AS TO FORM:
�es True, City Attorney
Torre, Mayor
Wildfire Mitigation Policy
Version: July 23, 2024
ASPEN
Table of Contents
Wildfire Mitigation Policy, Doug **ago@@ seem Down@*@@ me m000ns *Maaes a @@@@@mend Ian 3
Background................................................................................................................................................3
Purpose...................................................................................................................................................... 3
FireMitigation Best Practices....................................................................................................................3
MappingWildfire Risk...............................................................................................................................4
Feesfor Tree Removal...............................................................................................................................5
Appendix A —List of Fire Resistant Vegetation (shrubs and trees) for Planting...........................................7
Wildfire Mitigation Policy � 2
CITY OF ASPEN
Wildfire Mitigation Policy
Background
The City of Aspen Parl<s and Open Space department and the Aspen Fire Protection District (AFPD) have
developed a unified approach to wildfire mitigation strategies within city limits. City staff have
developed this policy and matrix to provide guidelines that help analyze the risk that properties face and
the opportunities for vegetation removal to help mitigate that risk. The City's goal is to balance the
long-term benefits of a healthy urban forest with the recognized need to make our homes resilient to
the threat of wildfire.
The department has further worked with the AFPD to determine standards for mapping of wildfire ris{<,
as well as best practices for wildfire mitigation actions and an Intergovernmental Agreement (IGA)
between the City and AFPD memorializes this arrangement.
This policy works in tandem with Ordinance 11 of 2024, which updates the City of Aspen Municipal Code
to provide allowance for property owners to remove trees and shrubs around structures in order to
reduce wildfire fuels.
Purpose
The purpose of this policy is to provide guidelines that balance a healthy urban forest and tree
preservation, with fuel reduction and tree removals on properties within the City of Aspen. Trees are an
important part of our community, and while this policy aims to keep our community safe from wildfire,
Ate recognize that a healthy urban forest provides a variety of benefits to the community and the larger
ecosystem.
Fire Mitigation Best Practices
The National Fire Protection Agency (NFPA) has developed the Firewise USA program to help residents
reduce wildfire risks on their property. This model has been adapted across the country by local
organizations to reflect local risks and provide region specific guidance. This third -party program
provides the foundation for the Parks and Open Space Departments understanding of best practices for
landscape management in relation to structures.
Critical to the Firewise program is the definition of the home ignition zone and how to manage the
`defensible space' surrounding structures. Defensible space is the area around a structure that has been
modified to reduce fire hazard by creating space between potential fuel sources. Critical to the idea of
defensible space is the establishment of management zones within the landscape that recognize the
role that fuel continuity can play in wildfire behavior.
Zone 1
0 — 5 Feet from Structure
This zone is designed to prevent flames from coming in direct
contact with the structure.
Zone 2
5 — 30 Feet from Structure
This zone is designed to give an approaching fire less fuel, which will
help reduce the intensity as it gets nearer to structures.
Zone 3
30 —100 Feet from
This zone focuses on mitigation that keeps fire on the ground, but
Structure
it's also a space to make choices that can improve forest health.
Healthy forests include trees of multiple ages, sizes and species,
where adequate growing room is maintained over time.
Wildfire Mitigation Policy � 3
ON
NiOt lI►1
!? ti' % F ASPEN
HOME IGNITION ZONE (HIZ)
is the home and the area around the home (or structurc). The HIZ takes into account both
the potential of the structure to ignite and the quality of detensible space surrounding it.
Structural Ignitabl lity
Defensible Space
Illustration: Bonnie Palmatory, Colarada State University
Mapping Wildfire Risk
Mapping Wildfire risk is an evolving science that involves a complex analysis of topography, vegetation
type, aspect and many other environmental factors. The importance of an accurate and up to date
wildfire risk map is recognized by both the AFPD and the Parks department as a foundational tool for
understanding the risk that specific properties face in the event of a wildfire. Not all properties in the
City of Aspen have the same level of risk, and as a result, allowances for the removal of trees and shrubs
for fuel reduction take into account the defined risk for a given properties location within the map. The
mapping tool used by The City of Aspen will be from a third -party and vetted for accuracy by the Aspen
Fire Protection District.
Criteria for removal or relocation of trees identified as wildfire risk
The criteria for the removal of vegetation is outlined in the following Wildfire Mitigation Matrix and has
been developed using Firewise best management practices and wildfire risk mapping.
A property owner intending to remove trees for fire mitigation purposes should follow these steps
before proceeding with removal.
1. Contact the Aspen Fire Protection District for a free home assessment.
2. After the home assessment is complete, apply for a tree removal permit from the Parks and
®pen Space Department and include the home assessment as a part of the submission.
3. Meet with the City forester onsite to discuss the trees proposed for removal and verify the
strategies proposed per management zone. "The City Forester will make the final
determination on what will be allowed for removal or relocation based on the 'Wildfire
Mitigation Matrix' (shown below).
4. Following the receipt of a tree removal permit, the tree(s) may be removed by the homeowner
or a licensed tree care provider.
5. If replanting of wildfire resistant trees is stipulated as part of the permit, schedule an inspection
with the forester once that work is complete.
Wildfire Mitigation Policy � 4
1�►�►��►
CITY OF ASPEN'
WILDFIRE TREE MITIGATION
AREA RISK
ZONE 1/0- 5 ft
ZONE 2/5- 30 ft.
ZONE 3 / 30 ft. and beyond
• All removals allowed
All removals considered
Removal of evergreen trees
,onsidered
• Planting trees not allowed
• Planting fire-resistant trees
encouraged
• Planting fire-resistant trees
encouraged
r All removals allowed
• Removal of evergreen trees
• Removals considered for fire
considered
mitigation reasons
High
• Planting trees not allowed
• Planting fire-resistant trees
• Planting of all trees allowed, fire -
encouraged
resistant trees encouraged
All removals allowed
• Removals considered for fire
mitigation reasons
Planting of all trees allowed, fire -
Moderate
Planting trees not allowed
i sistant trees encouraged
• Planting of all trees allowed, fire-
resistant trees encouraged
• All removals allowed
• Removals considered for fire
mitgation reasons
• Planting of all trees allowed, fire -
Low
• Planting trees considered per
resistant trees encouraged
Firewise guidance
• Planting of all trees allowed, fire-
resistant trees encouraged
NOTES:
' A tree's location is determined by half or more of the trunk at the base existing within a given zone.
' Pruning and/or retention groups of trees may be suggested by City Forester as an alternative to removal where practical.
Please refer to CSU list of fire-resistant and non -fire resistant trees.
' Trees considered "landmark trees" will be reviewed and considered for removal by the City Forester.
'Effectiveness of tree -related mitigation efforts will depend on reduction of other fuels in the landscape and structure hardening.
' vegetation and terrain considerations on specific properties may allow for greater removals
As a condition of approval of the removal or relocation of vegetation, the Parks and Recreation Director
may require that the owner replace any removed or relocated tree with a tree or shrub designated as a
fire-resistant species. The Parks and Open Space Department will maintain a list of suitable fire-resistant
tree and plant species and make that list available to the public via its website or at the Parks and Open
Space office.
Pruning or limbing of vegetation may be recommended or required by the City Forester in lieu of
removal.
Fees for Tree Removal
The valuation of a tree is set forth in Sec. 2.12.080. Parks Department fees of the Municipal Code. This
vaIuation will be applied as the baseline value for trees proposed for fire mitigation removal. When a
fire-resistant species is planted to mitigate the value of the removed tree, the value of the fire-resistant
plant shall be factored into the fee determination to incentivize replanting with fire resistant plants,
instead of vegetation removal and cash -in -lieu payments.
1. Trees removed within 5 feet of a structure will not be subject to mitigation fees as defined in
the City of Aspen Municipal Code.
2. Trees removed within 5 — 30 feet of a structure will be subject to mitigation fees as defined in
the City of Aspen Municipal Code.
Wildfire Mitigation Policy � 5
X,< f.
� 110
ASPEN
a. Replanting of fire-resistant species within this zone will offset mitigation fees at a ratio
oI 2:1. For example the removal of an existing tree with mitigation value of $1,000 can
be fully offset by the planting of a fire-resistant tree or shrub species valued at $500.
3. Trees removed within 30 - 100 feet of a structure will be subject to mitigation fees as defined in
the City of Aspen Municipal Code.
a. Replanting of fire-resistant species within this zone will offset gation fees at a ratio
of 1:1. For example the removal of an existing tree with mitigation value of $11000 can
be fully offset by the planting of a fire-resistant tree or shrub species valued at $1,000.
Please note the following conditions:
1. The City Forester may also determine that a full or partial fee waiver is warranted.
2. Replanting of Firewise species needs to occur to receive a reduction in calculated fees. If the
homeowner elects to not replant trees, the entire calculated fee will be assessed.
3. This policy is intended for stand-alone tree permits for existing structures in the City.
The Wildfire Mitigation Policy may be amended, updated and expanded from time to time by City
Council Resolution. At least one copy of the Wildfire Mitigation Policy shall be available for public
inspection at the offices of the Parks and ®pen Space Department.
Wildfire Mitigation Policy � 6
►�►r
�IlOF
CITY OF ASPEN
Appendix A — List of Fire Resistant Vegetation (shrubs and trees) for Planting
Fire Resistant
Tree List
Latin Name
Common Name
Populus tremuloides
aspen
Populus angustifolia
narrowleaf cottowood
Amelanchier alnifolia
Saskatoon serviceberry
Prunus virginiana melanocarpa
western chokecherry
Betula fontinalis
River birch
*other related or appropriate species
may be considered with fire
resistant characteristics such as.
- Trees with low sap or resin content (examples: many deciduous
species).
- Trees with high moisture content
- Trees with open, loose branches
with allow volume of total
vegetation
Wildfire Mitigation Policy � 7