08-18-26 Planning Comm Mtg Agenda PacketCITY OF SHOREWOOD
PLANNING COMMISSION
AUGUST 18, 2026
5755 COUNTRY CLUB ROAD
CITY HALL COUNCIL CHAMBERS
7:00 PM
AGENDA
CALL TO ORDER
ROLL CALL
COMMISSIONER HUSKINS _____
COMMISSIONER HOLKER _____
COMMISSIONER LONGO _____
COMMISSIONER MAGISTAD _____
COMMISSIONER BRAITHWAITE _____
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
A) June 2, 2026 Planning Commission Meeting Minutes
3. MATTERS FROM THE FLOOR
This is an opportunity for members of the public to bring a matter related to the
governance of the City of Shorewood to the attention of the Planning Commission. If
the matter relates to a topic that is identified on tonight’s agenda as a public hearing,
please hold your comments until the public hearing is opened. The full rules for this
forum can be found on the agenda table in back and on the City’s webpage. Anyone
wishing to address the Commission should raise their hand. Please make your
comments from the podium and identify yourself by your first and last name and your
address for the record. Please limit your comments to five minutes.
4. PUBLIC HEARINGS
A) Comprehensive Plan Amendment & Rezoning Due to Recent Municipal
Boundary Adjustment
B) 2027 Zoning & Land Use Fee Schedule
5. OTHER BUSINESS
A) Discuss Tree Preservation Policy Update
6. REPORTS
A) City Council
B) Staff
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C) Commission
7. ADJOURN
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Planning Commission Item 2.A.
Title/Subject: June 2, 2026 Planning Commission Meeting Minutes
Meeting Date: August 18, 2026
Prepared By: Sheila Van Sloun, Administrative Assistant Attachments
1. PC 06-02-2026
Background
Draft minutes from the June 2, 2026 Planning Commission meeting are attached.
Action Requested
The Planning Commission is requested to approve the June 2, 2026 Planning Commission
meeting minutes.
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CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JUNE 2, 2026 7:00 P.M.
DRAFT MINUTES
CALL TO ORDER
Chair Huskins called the meeting to order at 7:01 P.M.
ROLL CALL
Present: Chair Huskins; Commissioners Holker, Magistad, and Braithwaite; Planning
Director Griffiths; Planner Osowski; and, Council Liaison Maddy
Absent: Commissioner Longo
1. APPROVAL OF AGENDA
Holker moved, Magistad seconded, approving the agenda for June 2, 2026, as presented.
Motion passed 4/0.
2. APPROVAL OF MINUTES
A. 05-05-26 Planning Commission Meeting Minutes
Braithwaite moved, Magistad seconded, approving the Planning Commission Meeting
Minutes for May 5, 2026, as presented. Motion passed 4/0.
3. MATTERS FROM THE FLOOR
No one wished to address the Commission.
4. PUBLIC HEARINGS - NONE
A. PUBLIC HEARING – CONDITIONAL USE PERMIT
Applicant: Ross & Kathleen Simpson
Location: 5850 Boulder Bridge LN
Chair Huskins stated that this evening, the Planning Commission would consider a conditional
use permit (CUP) for 5850 Boulder Bridge Lane.
Planning Director Griffiths reviewed the request for a CUP as found in the Agenda Packet.
Commissioner Magistad asked whether there were any deviations between the Planned Unit
Development and the City's requirements. Planning Director Griffiths explained that there is no
provision for accessory buildings. When the Boulder Bridge development occurred, there were
unique requirements regarding lot sizes and dimensions. He noted that this property would have
been allowed under normal zoning rules and that the Boulder Bridge Development requirements
match the City Code for accessory dwelling units. He shared that the Applicant's request meets
both the Bould Bridge and City requirements.
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
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Chair Huskins asked if the Applicant wished to address the Commission. The Applicant declined.
Chair Huskins asked if the Commission had any questions for the Applicant. The Commission
declined.
Chair Huskins opened the Public Testimony portion of the Public Hearing at 7:10 P.M.
Abigail Key, 27545 Brynmawr Place, stated that she is the president of the Brynmawr Association
that borders Boulder Bridge. She shared that her property backs up to the property. She noted
that it was difficult to tell from the map how far back the structure would come. She asked how
far back the structure would be and if any of the tree coverage would be lost.
Planning Director Griffiths shared a slide showing the property and where the building would be
located on it. He stated that the proposed garage would be built on the north corner of the
property. The corner of the garage will be located 85 feet from the northern property line and will
comply with all setbacks. He added that the Applicant will need to submit a tree preservation
plan, along with the building permits, to the City. Still, based on the review, the Staff is not
anticipating any significant impacts on vegetation or sightlines.
Chair Huskins asked whether the northern property line was the one Ms. Key was referring to.
Planning Director Griffiths stated that the Brynmawr neighborhood is even farther north and will
be even farther from that property line.
Chair Huskins closed the Public Testimony portion of the Public Hearing at 7:15 P.M.
Commissioner Holker shared that she did not see any issue with the application and supports it.
Commissioner Magistad agreed. Commissioner Braithwaite stated that he did not see any issue.
He appreciated going through the steps and seeing all the plans.
Chair Huskins stated that he had no reservations about the application.
Magistad moved, Braithwaite seconded, recommending approval of the Conditional Use
Permit at 5850 Boulder Bridge Lane. Motion passed 4/0.
Chair Huskins confirmed that the matter would be brought before the City Council on June 22.
B. PUBLIC HEARING – VARIANCE
Applicant: HOLMmade, LLC
Location: 6145 Club Valley Rd
Chair Huskins stated that this evening, the Planning Commission would consider a variance for
6145 Club Valley Road.
Planner Osowski reviewed the variance request as found in the Agenda Packet. He noted that
the matter would be taken up at the City Council on June 22.
Commissioner Holker asked about the setback on the north side of the property, whether that is
what the variance is needed for, or if, even with the addition, the setback will fall within the required
amount. Planner Osowski stated that the Applicant is requesting a variance to encroach 13 feet
into the setback and that the addition would be 27 feet from the property line, rather than 40 feet.
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
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Commissioner Magistad asked if the encroachment was 13 feet or 14 feet. Planner Osowski
stated that the encroachment is 13 feet into the setback, so 27 feet from the lot line.
Chair Huskins asked whether the addition would affect the overall square footage of the accessory
dwelling. Planner Osowski stated that he would have to look. Chair Huskins clarified whether
the addition would exceed 1,200. Planner Osowski noted that the addition would not be anywhere
close to that. Planning Director Griffiths shared that it would take a little bit to get the exact
number, but the square footage is substantially under. He suggested going on to the next
question if there were any.
Commissioner Magistad asked what the impervious surface calculation is. Planner Osowski
explained that the impervious surface would increase by 3 percent to 18.3 percent, and that the
limit is 33 percent.
Chair Huskins asked whether, in addition to building the structure, a modification to the driveway
would be needed. Planner Osowski stated that it would need to be part of a separate permit, and
not part of this variance application. He added that, in the survey, the Applicant notes that a
gravel driveway will be added to accommodate the garage addition; there is currently a concrete
driveway.
Planning Director Griffiths stated that the maximum allowed square footage is 1,200 square feet.
With the addition, the Applicant would be at 900 square feet and in compliance with City Code.
Chair Huskins asked whether, if the square footage exceeded 1,200 square feet, the Applicant
would need both a variance and a conditional use permit. Planner Osowski shared that the
Applicant would then need both a variance and a conditional use permit for the encroachment
into the setback and the increase in square footage. If that is what happened, but this application
does not do that.
Commissioner Magistad explained that he is supportive of the application, but if the neighbor to
the north attends the City Council meeting with concerns, that could change the Council’s
thoughts on the matter.
Kris Beck, 6145 Club Valley Road, shared that she spoke with the neighbors to the north when
they moved in about a month ago. She asked the neighbors about doing the addition, and they
were both in favor of it at the time. She added that the neighbors said to let them know if anything
needs to be done. She shared that there is ample space between the two properties. The other
neighbors across the street attended the meeting as well.
Chair Huskins opened the Public Testimony portion of the Public Hearing at 7:24 P.M.
Rob Wright, 6110 Club Valley Road, stated that he lives kitty-corner to the property. He shared
that he was in discussions with the neighbors to the north as well, and they stated they had no
problem with the addition. He added that there is a lot of room between the properties, and it is
unfortunate how the property is disguised on the map. He explained that he and other neighbors
have no problem with the addition. The neighbors would love for the Applicant to have another
garage so they can get into their house safely and avoid getting hurt again.
Ed Sheridan, 6150 Club Valley Road, stated that he lives across the street from the Applicant.
He added that he has spoken with all the neighbors, and no one is objecting to the addition. He
noted that he is a former builder and has run into these situations before. This variance seems
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 2, 2026
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fairly straightforward compared to some others he has seen. He explained that when the house
was built, it faced the side yard. When looking at the drawing, the existing front yard, according
to the original plat, was silly to have as the front yard. He added that the existing house is now a
linear structure, with the house to the north, with nothing going in or out. There is no hardscape
issue; nothing is being encroached on, even if a concrete driveway is put in. He noted that both
residents living in the house are in good health but have mobility issues, which is the reason for
the addition. He explained that there is an option for a variance to make the existing front the
side. In many other communities, a similar situation has happened, and that was what was done.
Chris Capesius, 6120 Club Valley Road, stated that he had nothing to add but wanted to show
his support for moving the application forward.
Chair Huskins closed the Public Testimony portion of the Public Hearing at 7:30 P.M
Commissioner Braithwaite stated that he was supportive of the project. He added that the
variance is the simpler of the two routes rather than trying to change the plat. Chair Huskins
agreed.
Braithwaite moved, Holker seconded, recommending approval of the variance at 6145 Club
Valley Road. Motion passed 4/0.
C. PUBLIC HEARING – VARIANCE
Applicant: Tim O’Connor, Align Building & Remodeling, LLC/Jonathan
Rienstra
Location: 23120 Summit Ave
Chair Huskins stated that this evening, the Planning Commission would consider a variance for
23120 Summit Avenue.
Planning Director Griffiths reviewed the variance based on the information found in the Agenda
Packet.
Commissioner Holker asked where the neighbor's driveway goes through. She noted that in
looking at the addition, it would be right up to the neighbor's driveway. Planner Director Griffiths
shared that the addition does not do that. He showed a map of the area. He added that the City
Engineer reviewed the application and had no concerns regarding drainage. When looking at the
drainage patterns in the area, everything ultimately drains to Summit Avenue and then onto
Murray Hill Road at the bottom of the road. He added that, with respect to the existing neighbor's
driveway, the Staff had no comments or concerns.
Commissioner Holker asked what the distance would be from the addition to the neighbor’s
driveway. Planning Director Griffiths explained that the distance of the addition to the property
line is 22 feet, and the edge of the neighbor’s driveway is further than that. So, the addition would
be at least over 20 feet away.
Chair Huskins asked about the impervious surface and the accessory building square footage.
He assumed that since neither was commented on in the Staff report, they were a non-issue.
Planning Director Griffiths stated that the total proposed hardcover is 22.8 percent, with the
maximum being 33 percent. He added that the proposed garage addition would increase the
area by 276 square feet, and the existing garage is about 500 square feet, so that is well under
the 1,200-square-foot maximum.
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 2, 2026
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Commissioner Braithwaite stated that the site plan shows a proposed addition at the back and a
proposed deck. He asked if those were part of the variance. Planning Director Griffiths stated
that those are not part of the application. The Applicant is proposing an addition to the back of
his house. That addition meets all the zoning setbacks for the property, so it is not part of the
application. He added that the only part of the variance is the proposed garage addition. Chair
Huskins asked whether that addition is the one noted as a new dining room. Planning Director
Griffiths confirmed that to be true.
Chair Huskins opened the Public Testimony portion of the Public Hearing at 7:39 P.M.
Tim O’Connor of Align Building & Remodeling in Excelsior stated that the plan is deceptive. He
noted that, from driving by, it looks like the building would be within the side-yard setback because
of the way the driveway runs. He shared that the garage was designed to be as narrow as
possible, so there is room to store things while minimizing impact on the side yard.
Commissioner Holker asked to see the driveway again. Mr. O’Connor shared that the driveway
runs parallel along the right-of-way to the property, so it is a unique situation. Commissioner
Holker noted that the driveway is along the City right-of-way. She asked how close the addition
would be to the City right-of-way. Planning Director Griffiths noted 22.7 feet.
Chair Huskins closed the Public Testimony portion of the Public Hearing at 7:42 P.M.
Commissioner Braithwaite stated that he is generally supportive of this application. He
appreciated that the neighbor’s letter was attached, as that neighbor is the most affected.
Commissioner Holker stated that the neighbor’s driveway is 23110, but the letter came from
someone else.
Jon Rienstra, 23120 Summit Avenue, shared that the letter came from the neighbor in question.
Commissioner Holker confirmed 23110. Mr. Rienstra explained that he had spoken with his
neighbor, who was fully supportive of the project. He showed the neighbor where the garage
would go.
Holker moved, and Magistad seconded, to recommend approval of the variance at 23120
Summit Avenue. Motion passed 4/0.
Chair Huskins noted that the application would be brought to the City Council on June 22.
5. OTHER BUSINESS –
A. Planning Commission Photo
Chair Huskins noted that Commissioner Longo was not present. Planning Director Griffiths
shared that he had sent an email apologizing for his unexpected absence from the meeting. He
suggested taking the picture in July. Chair Huskins tabled the matter for discussion at the next
meeting.
6. REPORTS
A. City Council
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 2, 2026
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Council Liaison Maddy gave a brief overview of recent Council discussions and decisions.
B. Staff
Planning Director Griffiths followed up on an email that he sent about the presentation at the last
meeting on the Zoning Code update. The full draft language is on the website for review. He
noted that the Commission should provide feedback. He added that Chair Huskins has provided
a lot of feedback, but the Staff would like to hear from everyone, including community members.
He shared that the feedback would be incorporated in the Zoning Code and be brought before
the Commission at the next meeting on July 7 for a public hearing. He shared that, since the last
meeting, the State of Minnesota's Legislative Session concluded, and no major bills the City was
worried about were passed. He noted that one bill passed significantly limits Homeowners
Associations (HOAs) in Minnesota. The Staff is tracking this because there are some minor
implications for the City, the most notable being that cities will not be able to require a
development to have an HOA. He added that a Code amendment will likely be seen around that,
likely as an annual update to the Code at the end of the year. He noted that some space was left
in the work plan for the third quarter to address legislative changes, but that will not be needed.
He shared that the Staff anticipates those zoning preemption proposals back next year, so space
will continue to be reserved for legislative updates in work plans.
Planning Director Griffiths asked for a liaison at the June 22 meeting to cover the three agenda
items. Commissioner Holker stated that she could be the liaison.
Commissioner Holker noted that the lot next to the Legion was for sale. She asked if the plan to
put townhomes in the space was no longer happening. Planning Director Griffiths explained that
the developer had their plat approval expire, and decided to sell the property. He added that the
sale of the property was not about the property itself or its design, but rather about internal matters
the developer is working through in their business. He anticipated that the Commission would
likely see a very similar proposal from a different developer in the future. He added that whoever
acquires the property will need to start the process over because the City Council vacated the
plat approvals at a meeting in May, after they expired.
Commissioner Magistad asked if there was anything that could be publicly disclosed about the
status of Watton Ponds 2nd Addition. Planning Director Griffiths shared that not at this point.
Chair Huskins stated that the draft Zoning Code update is now in the public eye, and he wants to
tie it to the Comprehensive Plan update and to the City's efforts to gather as much feedback as
possible. He asked the Staff what their experience is with a review of the codes. He worried that
there might not be many people who take the time to go through the Code and give feedback. He
asked what would worry the Staff when reviewing the draft regarding finalizing the Code that all
residents would be bound to. Planning Director Griffiths stated that nothing in particular worries
him about the public engagement portion. He added that this is a lengthy section of the Code,
but based on the presentation from HKGi, the first Phase is very technical and does not involve
substantive policy changes. He noted that he does want to receive feedback, that the public
notice went out, and that public comment will have been open for about a month by the time it
closes. The Code will also undergo the full public hearing process before the Commission and
the City Council. He shared that, to the extent that the comments get parceled out or the scope
of who is involved is, it is the Commission and Council’s role to legislate and sort through
feedback. Chair Huskins explained that he would be interested in the date by which public
comments close to get a general sense of how many people engaged with the Code and offered
comments. Planning Director Griffiths stated that this could be provided in the memo for the next
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 2, 2026
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meeting. He expected more engagement once the formal notice process began, before the
matter went to the Commission during the July meeting. He added that, in addition to Chair
Huskins, at least seven other people have engaged with the Code. He noted that people are
reviewing the Code, and he hopes they find changes that align with the main goal of cleaning it
up and making it more user-friendly.
Commissioner Magistad asked whether HKGi would do anything with the comments before they
go back to the Commission. Planning Director Griffiths explained that the public hearing
commentary will close on June 5, and there will be a few weeks between the closing and the
Commission’s next meeting on July 7. The comments will be reviewed, and adjustments will be
made based on feedback. He added that there may be some responses in response to the
feedback. He noted that the expectation is not to bring a laundry list of comments to the
Commission, but that the Staff will present the Commission with an ordinance for adoption based
on the comments received. Chair Huskins noted that the public is new to the process, so some
of the comments may not be germane or feasible at this point. No one should expect that the
comments given will be added verbatim to the new Code. Planning Director Griffiths stated that,
for this update, he is most excited to see people using the draft and to see where the public is
stumbling so the Code can be improved. He wants the Code to be a strong foundation in the
future, so that when the Comprehensive Plan update is complete, it will be much easier to make
future changes.
Commissioner Holker asked whether there was a reaction to the initial survey for the
Comprehensive Plan. Planning Director Griffiths shared that there have been a fair number of
responses. Out of several community events, information has been handed out. The Shore
Report has included information on the Comprehensive Plan update survey, the Staff has been
utilizing social media, and one more direct mailing to the community will be included with the next
utility bill. He asked the Commission to share with their circles as well.
C. Commission
Commissioner Braithwaite noted that his employment would be changing and he would no longer
be working with the City of Hutchinson, but has taken a position with the City of Orono as the
Director of Public Works. He stated that during the interview process, he let them know he was
on the Planning Commission and could resign if needed, but Orono did not have any problems
with it. He shared that he had also informed Planning Director Griffiths to see if there were any
issues with that, and the Staff let him know that Orono is far enough away and that there should
not be an issue from the Staff perspective. He noted that the one issue is that the City of Orono’s
council meetings are on the same day and at the same time as Shorewood’s Council meetings,
which prevents him from attending as a liaison. He shared that if there is ever an item that would
be an issue, he would let both parties know.
Chair Huskins mentioned that the Commission had lessened the reporting requirements in the
bylaws. Planning Director Griffiths stated that the Commission is still reporting, but it has just
been done elsewhere. The liaison still attends the meeting at the Council and now provides the
report in context. He added that this was communicated to the Staff, and that Commissioner
Braithewaite used to work for the City of Hutchinson; now it is Orono, so in the Staff’s eyes, there
is really no difference.
The Commission was okay with Commissioner Braithwaite staying on the Commission.
Chair Huskins suggested the Commission engage with the draft code.
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 2, 2026
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Planning Director Griffiths shared that he will not be at the July 7 meeting, but Planner Osowski
and HKGi will be there. Council Liaison Maddy noted that he would be switching with
Councilmember Gorham.
Commissioner Magistad asked if anything else would be on the July 7 agenda besides the Code
update. Planning Director Griffiths stated that the Commission photo would also be on the
agenda.
7. ADJOURNMENT
Holker moved, Magistad seconded, adjourning the Planning Commission Meeting of June
2, 2026, at 8:09 P.M. Motion passed 4/0.
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Planning Commission Item 4.A.
Title/Subject: Comprehensive Plan Amendment & Rezoning Due to Recent Municipal
Boundary Adjustment
Meeting Date: August 18, 2026
Prepared By: Jake Griffiths, Planning Director Attachments
1. Map of Boundary Adjustments
2. Municipal Boundary Adjustment Initiating Documents
3. Municipal Boundary Adjustment Order
4. Proposed Comprehensive Plan Amendments & Rezonings
Background
On April 27, 2026, the Shorewood City Council adopted a Joint Resolution with the City of Tonka
Bay to adjust the municipal boundary between the two cities. The boundary adjustment was
proposed in order to resolve an issue with five properties which were split along the municipal
boundary between the two communities. The municipal boundary adjustment was approved by
the State of Minnesota Court of Administrative Hearings on July 15, 2026. Now that the
municipal boundary has been adjusted, a Comprehensive Plan Amendment and Rezoning are
needed to account for the properties that have been added and removed from the City of
Shorewood.
This project is being initiated by the City of Shorewood as a housekeeping item in order to
complete the boundary adjustment process and is not associated with any development
proposal or other applications. A map showing the location of the boundary adjustments is
attached for reference. All the properties involved are generally located near the intersection of
County Road 19 and the Lake Minnetonka LRT Regional Trail.
Comprehensive Plan Amendments & Rezonings
The proposed Comprehensive Plan Amendments and Rezonings are attached. Three properties
at Parcel ID 3311723120090, 3311723120001 and 3311723120020 are being removed from the
City's Comprehensive Plan and Zoning Map as they are now a part of the City of Tonka Bay. The
two properties which were annexed from Tonka Bay at Parcel ID 3311723110089 and
3311723110045 are a part of the Xcel Energy facility located on Country Road 19 already in the
City of Shorewood. These properties are proposed to be guided Public/Semi-Public in the
Comprehensive Plan and C-1 General Commercial on the City's Zoning Map so they would be
consistent with the existing Xcel Energy facility.
There are no proposed changes to the City's sewer staging plan, as none of the affected
properties are currently served with sanitary sewer service as they do not have principal
structures. There is sufficient capacity in the sanitary sewer system to serve the parcels
annexed into the City of Shorewood in the future through the existing sanitary mains near
County Road 19 that currently serve the main Xcel Energy building. There are no impacts to
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regional transportation, wastewater or regional parks systems, no changes to stormwater
management on the site, no changes to projected water use, and none of the properties are
currently enrolled in any Agricultural Preserves program.
Public Engagement
Prior to tonight's meeting, property owners within 750 feet of the affected properties were
notified of the proposed Comprehensive Plan Amendments and Rezonings via a postcard
notification sent by U.S. Mail on July 22nd and a public hearing notice sent by U.S. Mail on
August 4, 2026. Notice was also published in the City’s official newspaper, on the City's website,
at City Hall and distributed via email to those residents which have signed up to receive email
notifications regarding public hearing notices. As of the publication of this report, no public
comments have been received regarding this item.
Next Steps
Following a recommendation from the Planning Commission, the City Council will consider this
item at an upcoming meeting. If the City Council approves the proposed Comprehensive Plan
Amendments and Rezonings, the Comprehensive Plan Amendments will be submitted to the
Metropolitan Council for review and authorization. This process can take up to 120 days, but is
typically much quicker for amendments of this nature. City staff have been in contact with the
City's Sector Representative from the Metropolitan Council regarding this item and they have
not expressed any concerns. After the Metropolitan Council authorizes the proposed
Comprehensive Plan Amendments and Rezonings, the City may place them into effect.
Action Requested
The Planning Commission is requested to hold a public hearing on the propoed Comprehensive
Plan Amendment and Rezonings and make a recommendation based on findings of fact to the
City Council.
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CAH 50-0333-41827
STATE OF MINNESOTA COURT OF ADMINISTRATIVE HEARINGS
In the Matter of the Concurrent Detachment
and Annexation of Certain Real Property from the City of Tonka Bay to the City of Shorewood (MBAU Docket D-685/A-8558)
In the Matter of the Concurrent Detachment and Annexation of Certain Real Property from the City of Shorewood to the City of Tonka Bay
(MBAU Docket D-686/A-8559)
ORDER APPROVING CONCURRENT DETACHMENT AND ANNEXATION
City of Tonka Bay Resolution No. 2026-07/City of Shorewood Resolution No. 26-26 (Joint Resolution), adopted by the City of Shorewood on April 27, 2026 and the City of Tonka Bay on May 12, 2026, requests the concurrent detachment from Tonka Bay
and annexation to Shorewood of certain real property (Tonka Bay/Shorewood Property) and the concurrent detachment from Shorewood and annexation to Tonka Bay of certain real property (Shorewood/Tonka Bay Property) pursuant to Minn. Stat. § 414.061 (2024). The City of Tonka Bay filed the Joint Resolution with the Court of Administrative Hearings on June 5, 2026. The record closed on June 12, 2026, upon
receipt of confirmation of the total acreage.
The Property is legally described as follows:
Tonka Bay/Shorewood Property
1. Parcel ID: 3311723110089
Owner: Northern States Power Company
That part of Government Lot 1, Section 33, Township 117 North, Range 23 West
of the Fourth Principal Meridian, described as follows:
Beginning at the Northeast corner of the following described tract:
The West 200 feet, measured at right angles to the West line, of that part of Tract A, Registered Land Survey No. 482, County of Hennepin, lying Northerly of
a line drawn Easterly from a point on the West line of said Tract A, to a point on
the East line of said West 200 feet, distant 100 feet Southerly of the Northeast corner of said West 200 feet;
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thence Westerly along the Northerly line of the above described tract to a point distant 25 feet Southerly, measured radially, from the center line of the main track of the Chicago North Western Transportation Company (formerly the
Minneapolis and St. Louis Railway Company), as said main track is now located;
thence Northerly along the Westerly line of Government Lot 1 a distance of 25 feet; thence Easterly and parallel to the northerly line of the above-described tract to a point on a line extending northerly of, and on the same course as the Easterly line of said tract; thence southerly along said extension a distance of
25 feet, more or less to the point of beginning.
2. Parcel ID: 3311723110045
Owner: Northern States Power Company
The West 200 feet, measured at right angles to the West line, of that part of Tract A, Registered Land Survey No. 482, County of Hennepin, lying Northerly of a line
drawn Easterly from a point on the West line of said Tract A, to a point on the East line of said West 200 feet, distant 100 feet Southerly of the Northeast corner of said West 200 feet. (Torrens, Cert 1051934)
Shorewood/Tonka Bay Property
1. Parcel ID: 3311723120090
Owner: JR Mega, Inc.
That part of the Northwest ¼ of the Northeast ¼ of Section 33, Township 117 North, Range 23, West of the 5th Principal meridian, bounded and described as follows: Beginning at a point on the Southwesterly line of County Road No. 19, distant 50 feet Northerly, measured at right angles, from the center line of the
main tract of the Minneapolis & St. Louis Railway Company (now the Chicago and North Western Transportation Company), as said main track center line was originally located and established across said Section 33; thence Westerly parallel with said original main track center line a distance of 227.08 feet; thence Southerly at right angles to the last described course a distance of 25 feet, more
or less, to a point distant 25 feet Northerly, measured at right angles, from the
center line of the main track of the Chicago and North Western Transportation Company (Formerly the Minneapolis & St. Louis Railway Company), as said main tract is now located; thence Easterly parallel with said last described main track center line a distance of 235 feet, more or less, to a point on the
Southwesterly line of said County Road No. 19; thence Northwesterly along said
Southwesterly line of County Road No. 19 to the point of beginning.
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2. Parcel ID: 3311723120001
Owner: RLP 3 LLC
That part of the Northwest ¼ of the Northeast ¼ of Section 33, Township 117,
North, Range 23 West of the Fifth Principal Meridian, bounded and described as
follows: beginning at a point on the Northeasterly line of County Road No. 19, distant 50 feet Northerly measured at right angles, from the center line of the main track of the Minneapolis and St. Louis Railway Company (now the Chicago and North western Railway Company), as said main track center line was
originally located and established across said Section 33; thence Easterly
parallel with said original main track center line a distance of 450 feet; thence Southerly at right angles to the last described course to a point distant 25 feet Northerly, measured at right angles, from the center line of the main track of the Chicago and North Western Railway Company (formerly the Minneapolis and
St. Louis Railway Company) as said main track is now located; thence Westerly parallel with said last described main track center line to a point on the Northeasterly line of said County Road No. 19; thence Northwesterly along said Northeasterly line of County Road No. 19 to the point of beginning.
3. Parcel ID: 3311723120020
Owner: Fred Hanus, James Hanus, Florence Hanus and Susan Hanus
All that part of the following described tract:
Lot Five (5), Auditor’s Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of deeds in and for said Hennepin County,
Which lies Southerly of the following-described line:
Beginning at a point on the East line of said Lot 5, distant 518.85 feet South of the Northeast corner thereof; thence Southwesterly, deflecting 36 degrees 30 minutes, measured from South to West a distance of 144.46 feet; thence Westerly deflecting 27 degrees 0 minutes, a distance of 34.65 feet, more or less
to the Northeasterly line of County Road No. 19 and there terminating.
Based upon a review of the Joint Resolution, the Administrative Law Judge makes the following:
ORDER
1. Pursuant to Minn. Stat. § 414.061, the Joint Resolution is deemed
adequate in all legal respects and properly supports this Order.
2. Pursuant to this Order, the Tonka Bay/Shorewood Property is concurrently DETACHED from Tonka Bay and ANNEXED to Shorewood.
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3. Pursuant to this Order, the Shorewood/Tonka Bay Property is concurrently DETACHED from Shorewood and ANNEXED to Tonka Bay.
Dated: July 15, 2026
_________________________________
NICHOLAS LIENESCH Administrative Law Judge
NOTICE
This Order is the final administrative order in this case under Minn. Stat.
§§ 414.061, .07, .09, .12 (2024). Pursuant to Minn. Stat. § 414.07, subd. 2, any person
aggrieved by this Order may appeal to Hennepin County District Court by filing an Application for Review with the Court Administrator within 30 days of this Order. An appeal does not stay the effect of this Order.
Any party may submit a written request for an amendment of this Order within
seven days from the date of the mailing of the Order pursuant to Minn. R. 6000.3100 (2025). However, no request for amendment shall extend the time of appeal from this Order.
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Proposed Comprehensive Plan Amendments & Rezonings
The following properties have been detached from the City of Shorewood and are now a part of the
City of Tonka Bay. The Future Land Use Map in the City of Shorewood 2040 Comprehensive Plan and
the City of Shorewood Zoning Map shall be amended to reflect the updated municipal boundary
and as follows:
Property #1
Address: Unaddressed Property
Parcel ID: 3311723120090
Current Future Land Use Classification: Right-of-Way
Proposed Future Land Use Classification: None, removed from City of Shorewood.
Current Zoning District: None
Proposed Zoning District: None, removed from the City of Shorewood.
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Property #2
Address: Unaddressed Property
Parcel ID: 3311723120001
Current Future Land Use Classification: Right-of-Way
Proposed Future Land Use Classification: None, removed from City of Shorewood.
Current Zoning District: None
Proposed Zoning District: None, removed from the City of Shorewood.
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Property #3
Address: Unaddressed Property
Parcel ID: 3311723120020
Current Future Land Use Classification: Commercial
Proposed Future Land Use Classification: None, removed from City of Shorewood.
Current Zoning District: C-1 General Commercial
Proposed Zoning District: None, removed from the City of Shorewood.
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The following properties have been annexed to the City of Shorewood. The Future Land Use Map in
the City of Shorewood 2040 Comprehensive Plan and the City of Shorewood Zoning Map shall be
amended to reflect the updated municipal boundary and re-guide the properties to be consistent
with other properties under common ownership.
Property #4
Address: Unaddressed Property
Parcel ID: 3311723110089
Current Future Land Use Classification: Commercial (from the City of Tonka Bay 2040
Comprehensive Plan)
Proposed Future Land Use Classification: Public/Semi-Public
Current Zoning District: C-2 General Commercial (from the City of Tonka Bay
Zoning Map)
Proposed Zoning District: C-1 General Commercial
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Property #5
Address: Unaddressed Property
Parcel ID: 3311723110045
Current Future Land Use Classification: Commercial (from the City of Tonka Bay 2040
Comprehensive Plan)
Proposed Future Land Use Classification: Public/Semi-Public
Current Zoning District: C-2 General Commercial (from the City of Tonka Bay
Zoning Map)
Proposed Zoning District: C-1 General Commercial
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Planning Commission Item 4.B.
Title/Subject: 2027 Zoning & Land Use Fee Schedule
Meeting Date: August 18, 2026
Prepared By: Jake Griffiths, Planning Director Attachments
1. Draft 2027 Zoning and Land Use Fee Schedule
Background
Minnesota State Statute § 462.353, Subd. 4. requires changes to zoning and land use fees be
adopted via ordinance. Accordingly, on an annual basis the Commission reviews proposed fee
changes just as it would any other amendments to the City Code. The attached draft fee
schedule, if approved, would go into effect on January 1, 2027. Zoning and land use fees are not
a way for the City to make revenue. The fees associated with zoning and land use are charged in
order to "break-even" to offset review costs. To that end, most applications require a fixed
application fee and an escrow amount. The escrow is currently utilized to cover review costs
associated with the City's contracted legal and engineering services.
City staff recommends the following zoning and land use fee changes for 2027, which are
reflected in the attached draft fee schedule for consideration:
• Expansion of escrow deposits to cover not only the City's contractual departments, but
also City staff time, public notice, material costs, etc. which are currently not charged to
the escrow. This update ensures that applicants, not the taxpayers of the community,
are responsible for the costs associated with reviewing their zoning and land-use related
requests.
• Addition of $5,000 escrow for Environmental Review under Minnesota Administrative
Rules Chapter 4410 including items such as Environmental Assessment Worksheets,
Environmental Impact Statements, and Alternative Area-Wide Urban Reviews. This
escrow would be charged to developers whose project qualifies for environmental
review.
• Elimination of Planned Unit Development by Conditional Use Permit fee as that
application is obsolete. All Planned Unit Developments are required to go through the
formal concept, development and final stage process.
Notice of the public hearing and proposed amendments was published in the City's official
newspaper, on the City's website and at City Hall at least 10 days prior to tonight's meeting.
Notice was also distributed via email to those residents who have signed up for email updates
regarding public hearing notices. As of the publication of this report, no public comments have
been received regarding this item.
Action Requested
The Planning Commission is requested to hold a public hearing on the proposed 2027 Zoning &
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Land Use Fee Schedule and make a recommendation based on findings of fact to the City
Council.
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City of Shorewood Master Fee Schedule/Adopted 5/22/2017
Most Recent Update 9/14/2026
/2026
2027
2
VII. Zoning and Land Use Fees
Note: Base fees are non-refundable. Escrow deposits are to cover all City services associated with review of
the application. This includes but is not limited to staff time by City staff and its consultants and actual
materials and public notice costs. Applicants are informed that any city expenses not covered by these fees
will be billed to them, and any unpaid invoices will be collected as a special assessment against the subject
property. Unused escrow fees will be returned to applicant upon written request. Applications with more
than one required escrow deposit shall be required to submit the combined total of all escrow
amounts.Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer and
attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed
to them. Unused escrow fees will be returned to applicant upon written request. Applications with more
than one required escrow deposit shall be required to submit the combined total of all escrow amounts.
Type of Charge/Fee City Code
Reference
Charge/Fee
Comprehensive plan amendment
Pre-application
Formal Application
Ordinance 628
$200
$800 plus $3,000 escrow
Conditional use permit
Residential
Non-residential
1201.04
$500 plus $500 escrow
$600 plus $1,000 escrow
Interim use permit 1201.04
$500 plus $500 escrow
$600 plus $1,000 escrow
Residential
Non-residential
Planned unit development
Concept Stage
Development Stage
Final Stage
By Conditional Use Permit
1201.25
1201.25
1201.25
1201.06
$500 plus $2,000 escrow
$700 plus $2,000 escrow
$500 plus $1,000 escrow
$500 plus $1,000 escrow
Sign permits 1201.03 Subd.11
See Zoning Permit
Per 1997 U.B.C. Table 1-A
Temporary
Permanent
Site plan review 1201.03 $200 plus $1,000 escrow
Subdivision sketch plan review Ordinance 628 $200 plus $1,000 escrow
Subdivision (minor subdivision) 1202.34 $500 plus $2,000 escrow
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City of Shorewood Master Fee Schedule/Adopted 5/22/2017
Most Recent Update 9/14/2026
/2026
2027
3
Subdivision (preliminary plat) 1202.35 $600 plus $25/lot plus escrow as follows:
$2,000
$3,000
5 or fewer lots
Over 5 lots
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City of Shorewood Master Fee Schedule/Adopted 5/22/2017
Most Recent Update 9/14/2026
/2026
2027
4
VII. Zoning and Land Use Fees (continued)
Note: Base fees are non-refundable. Escrow deposits are to cover all City services associated with review of
the application. This includes but is not limited to staff time by City staff and its consultants and actual
materials and public notice costs. Applicants are informed that any city expenses not covered by these fees
will be billed to them, and any unpaid invoices will be collected as a special assessment against the subject
property. Unused escrow fees will be returned to applicant upon written request. Applications with more
than one required escrow deposit shall be required to submit the combined total of all escrow amounts.
Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer and attorney
expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them.
Unused escrow fees will be returned to applicant upon written request. Applications with more than one
required escrow deposit shall be required to submit the combined total of all escrow amounts.
Type of Charge/Fee City Code
Reference
Charge/Fee
Subdivision (final plat)
5 or fewer lots
Over 5 lots
1202.36 $500 plus $25/lot plus escrow as
follows:
$2,000
$4,000
Minnesota Administrative Rules
Chapter 4410 Environmental
Review
Ordinance TBD $5,000 initial escrow deposit and the
project proposer shall reimburse the
City and its consultants for all costs
incurred in preparing, reviewing,
processing, and administering the
environmental review.
Traffic studies when required as part of
another application
Ordinance 628 Escrow for estimated cost of study to be
reviewed by the City’s consulting engineers
plus $500.
Vacation of Easement or Right-of-Way Ordinance 628 $500 plus $1,000 escrow
Variances
Residential
Non-residential
Multiple
$500 plus $500 escrow
$600 plus $500 escrow
Zoning amendment (text or map) 1201.04 $600 plus $1,000 escrow
Zoning permits 1201.07 $50
Zoning verification letter Ordinance 628 $250
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City of Shorewood Master Fee Schedule/Adopted 5/22/2017
Most Recent Update 9/14/2026
/2026
2027
5
Park dedication (cash in lieu of land) 1202.60 $7,500 dwelling unit/Residential
8% of raw land value/Commercial
Extension of plat approval or amendment
of development agreement
Multiple $200 plus $1,000 escrow for
amendments
Administrative Adjustment 1202.33 $500 plus $1,000 escrow
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Planning Commission Item 5.A.
Title/Subject: Discuss Tree Preservation Policy Update
Meeting Date: August 18, 2026
Prepared By: Aaron Osowski, Planner Attachments
1. City of Shorewood Tree Preservation Policy
2. Summary of City of Edina's Changes to Tree Protection Ordinance
3. City of Edina Tree Protection Ordinance
4. City of Minnetonka Tree Protection Ordinance
5. City of Wayzata Tree Preservation Ordinance
Background
The City last updated its Tree Preservation Policy in 2004. A lot has changed since then,
including the rapid spread and awareness of the Emerald Ash Borer, updates to best practices
in urban forestry, and worsening climate change. With recent residential developments in the
city, there has been substantial public feedback regarding the perceived weakness of the City’s
Tree Preservation Policy, specifically its maximum tree replacement requirement of eight trees
per acre among other requirements. For these reasons, City staff feel this policy has fallen
behind in a number of key areas and updating the Tree Preservation Policy was included in the
Planning Commission’s Work Program for 2026.
Discussion
In recent years, nearby cities such as Wayzata, Minnetonka, and Edina have updated their tree
preservation policies to protect heritage trees, update tree measurement standards, and
encourage the planting of a diversity of tree species, among other goals. Example ordinances
from these communities are attached for reference.
None of these three cities include a maximum number of replacement trees in their updated
ordinances, although they all handle replacement thresholds and requirements differently.
Wayzata, for example, requires 1:1 replacement of ‘heritage trees,’ which are defined as certain
types of trees that are 25 inches or greater in diameter.
Minnetonka, meanwhile, prioritizes native and culturally significant tree species in their
ordinance, keeping a list on file that it periodically updates. Shorewood’s accepted tree species
list currently features several invasive species (mountain ash, black locust, and Russian olive)
and does not differentiate native from non-native species. This could be an easy change to
make with an updated policy.
Due to its size, Shorewood has historically not had the need for a full-time in-house arborist.
However, there could be an opportunity to contract with a licensed arborist to provide as-
needed review and feedback on tree protection plans submitted to the City. This would allow
for a more nuanced, holistic assessment of any plan, considering the property’s tree diversity,
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landscaping, and soil type. This service could be paid for by the applicant as part of their
development/permit costs.
If taking a holistic approach is important to the City, then a potential policy addition could be to
incentivize the installation of alternative landscaping options that provide environmental
benefits, such as Xeriscaping, rain gardens, and pollinator-friendly native gardens. Such options
could be either in lieu of (with limitations) or in addition to tree replacement.
The City currently allows owners/developers to plant required replacement trees off-site if they
can demonstrate that the site cannot accommodate more trees. However, this is limited to
publicly owned properties. In its ordinance update, Edina now allows off-site planting of trees
on private properties, with a preference given to those immediately adjacent to the
development site. They created an online platform called Canopy Connect where Edina
residents who would like trees planted on their property can connect with developers who are
required to plant replacement trees.
Lastly, City staff feel as though the enforcement mechanisms within the existing policy are
insufficient and there should be additional enforcement tools available to City staff should
individuals violate the policy.
Action Requested
To guide staff in preparing an update later this year to the City’s tree preservation code, the
Commission is requested to review the existing Tree Preservation Policy prior to the meeting
and come prepared to discuss the following questions:
• Should there be a maximum tree replacement requirement? If so, what should the
maximum number of trees per acre be?
• Should the replacement thresholds for trees be based solely on their size, or should
greater priority be placed on whether they are native/non-native?
• Should the City contract with a certified arborist to review tree protection plans for
permits and development projects?
• Should there be incentives for owners/developers to install native landscaping areas?
Should such landscaping serve as a suitable alternative to replacing removed trees?
• Would you be receptive to creating a system like Edina’s Canopy Connect where
replanted trees can be planted on other homeowners’ properties?
• Would the Commission be supportive of additional penalties or enforcement tools to
help address violations of the policy? If so, what might those be?
• What other changes/priorities would you like to see in an updated policy?
Based on the outcome of tonight's discussion, staff will work to prepare a new draft tree
preservation code to be tentatively reviewed on November 17 (Planning Commission) and
December 14 (City Council). City staff will also be placing a survey for residents to share their
thoughts about the City’s Tree Preservation Policy in the September/October edition of the
ShoreReport newsletter to help guide the update.
Page 42 of 108
City ofShorewood
TreePreservationTreePreservation
andReplacementandReplacement
PolicyPolicy
Prepared bytheShorewood Planning Department
Page 43 of 108
TREE PRESERVATION AND REPLACEMENT POLICY
CITY OFSHOREWOOD
Purpose. I. Itisthepolicy oftheCity ofShorewood torecognize and preserve
existing natural resources ofthecommunity. In itseffort tomaintain thewooded
character ofthearea, theCity findsthattrees provide numerous benefits including, butnot
limited to: stabilization ofthesoilbytheprevention oferosion andsedimentation,
reduction ofstorm water runoff, improvement ofairquality, reduction ofnoise pollution,
control ofurbanheatisland effect, protection andincrease ofproperty values, protection
ofprivacy, energy conservation through natural insulation, providing habitat forbirds and
other wildlife and conservation andenhancement of thecity’sphysical and aesthetic
environment.
Thepurpose ofthispolicy istopreserve andprotect significant trees orstands oftrees
whose loss due tolanddisturbances associated with theprocess ofdevelopment or
construction would adversely affectthecharacter ofneighborhoods, subdivisions, public
orsemipublic projects andcommercial developments. This policyalsorecognizes that,
despite thebestefforts oftheCity andproperty owners, treesmayoccasionally belostin
thedevelopment orconstruction process. Inthose cases treereplacement or reforestation
shall berequired.
Applicability. II. This policy shallapply toanyperson orentity that would disturb
land areasandimpact significant trees orstands oftreesinneighborhoods, subdivisions,
commercial building developments, publicand semipublic projects such asstreets, utilities
andparkswhether disturbed byapublic agency orprivate developer; except whentheCity
Council maywaive these requirements where there would begreater publicneed forthe
project than tomeettherequirements ofthis policy. Thetermsandprovisions ofthis
Policy, inconjunction withtheShorewood Tree Preservation Ordinance No. 324, shall
apply toallactivity whichrequires theissuance ofaLand Disturbance Permit.
Definitions. III. Allwords inthis Policy have theircustomary dictionary
definition except asspecifically defined herein. The word “shall” ismandatory andthe
words “should” and “may” arepermissive. Technical termsusedinthis Policy are defined
inAppendix A.
Buildable Area: Theportion ofalotwhich isnot located within anyminimum required
yard, landscape strip/area, or buffer; thatportion of alot wherein abuilding maybe
located, asprescribed bytheShorewood Zoning Code.
Caliper: TheAmerican Association ofNurserymen standard fortrunkmeasurement of
nursery stock, whereby the diameter of thetrunkismeasured 6inchesabove ground for
stock upto4inches incaliper size.
DBH (Diameter-at-Breast-Height): Astandard measure oftreesize, whereby atree trunk
diameter ismeasured ininches ataheight offour andone-halffeet (41/2’) aboveground.
Ifatree splitsintomultiple trunksbelowfourand one-halffeet (41/2’), then thetrunk is
measured atitsmostnarrow point beneath the split.
1
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Dripline: Avertical lineextending from theoutersurface ofatree’sbranch tipsdown to
theground.
LandDisturbance Permit: Anofficial authorization issued bytheZoning Administrator,
allowing defoliation oralteration ofthesiteforthecommencement ofanyconstruction.
Protection Zone: Alllands thatfalloutside thebuildable areaofaparcel.
Significant Trees: Any healthy long-livedhardwood deciduous tree measuring eight
inches (8”) DBH orgreater; any healthy softwood deciduous tree measuring twelveinches
12”) DBHorgreater; oranyhealthy coniferous treemeasuring eight feet (8’) ormorein
height. Box-elder, cottonwood, and willow treesshall notbeconsidered tobesignificant
trees.
Specimen TreeorStand: Anytree orgrouping oftrees which hasbeendetermined tobe
ofahighvalue bytheZoning Administrator because ofitsspecies, size, age, orother
professional criteria.
Structure: Anything which isbuilt, constructed orerected; anedifice orbuilding ofany
kind oranypiece ofwork artificially built up orcomposed ofpartsjointed together in
somedefinite manner whether temporary orpermanent incharacter.
Tree: Anyself supporting woody plant, usually having asingle woody trunk, anda
potential DBH oftwo inches (2”) ormore.
TreePreservation Plan: Aplanestablished inSection IV(B) ofthis Policy. See
Appendices BandC.
Zoning Administrator: Theagent oftheCity ofShorewood havingtheprimary
responsibilities ofadministration andenforcement ofthisPolicy.
ProceduresIV.
A. Development Standards. Developments shallbedesigned topreserve large
trees wheresuch preservation would notaffect the public health, safety or
welfare. TheCitymay prohibit removal ofallorpartofastand oftrees.
Inaddition, nothing inthis policy shallprevent building onanexisting lotof
record, provided thatsuch building shall bedesigned tosave asmany trees
aspossible. Thisdecision shallbebased on, butnotlimited to, the
following criteria:
1. Sizeoftrees.
2. Species, health andattractiveness ofthetrees including:
a. Sensitivity todisease
b. Lifespan
c. Nuisance characteristics
d. Sensitivity tograding
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3. Potential fortransplanting.
4. Needforthinning astandoftrees.
5. Effect onthefunctioning ofadevelopment.
B. LandDisturbance Permit.
1. Atreesurvey, prepared byaregistered landsurveyor orlandscape
architect, shallbesubmitted showing size, species andlocation of
significant trees.
2. ATree Preservation Planshall besubmitted with thefollowing:
a. Preliminary platforthesubdivision ofproperty.
b. Other permitdrawings asapartofthebuilding permit
process fortheconstruction ofnewprincipal buildings.
c. Nonresidential site plans, eitherasaseparate drawing oras
partofthelandscape plan.
3. TheTreePreservation Plan shallbecertified byaforester, arborist,
orregistered landscape architect and shall include thefollowing
information:
a. Identification ofspatial limits:
1) Limits oflanddisturbance, clearing, grading and
trenching
2) Treeprotection zones
3) Specimen treesorstands oftrees
4) Location ofsignificant treeswhich willbesaved
5) Location ofsignificant treeswhich willberemoved
6) Location oftrees tobetransplanted
7) Location ofreplacement trees
b. Detail drawings oftreeprotection measures asprovided for
inSection VI. ofthis Policy (whereapplicable):
1) Protective treefencing
2) Treeprotection signs
c. Drawings indicating location ofapplicable utilities:
1) Citywater orwell
2) Citysewer
3) Electricity
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4) Gas
5) CableTV
6) Telephone
4. These plansshall bereviewed bytheZoning Administrator for
conformance with this Policy, inconjunction with theShorewood
Tree Preservation Ordinance No. 324, andwill either beapproved,
orreturned forrevisions. Reasons fordenial shallbenoted onthe
TreePreservation Plan, orotherwise stated inwriting.
5. Issuance oftheLand Disturbance Permit iscontingent upon
approval ofpreliminary plats, or metes andbounds subdivision
approval forthe subdivision ofproperty, orapproval ofthe Tree
Preservation Planforother building permit processes or
nonresidential siteplans.
6. Afeeasprovided inChapter 1302oftheCityCode shall be
charged forreview ofTree Preservation Plans. Anycosts incurred
bytheCity inreviewing plans forplats andnonresidential siteplans
shallbecharged to thedeveloper. TheZoning Administrator may
submit theplan toaconsulting forester forarecommendation, the
costsofwhich shallbepaid bythedeveloper orbuilder.
7. Alltreeprotection measures shall beinstalled priortobeginning
building construction and inspected bytheZoning Administrator or
hisagent.
8. The Zoning Administrator orhisagent willconduct follow-upsite
inspections forenforcement ofthisPolicy, inconjunction withthe
Shorewood Tree Preservation Ordinance No. 324.
9. Ifanysignificant treeinadevelopment oronabuilding site iscut,
damaged, ortheareawithin thetree’sdripline has been encroached
upon bygrading equipment, without Cityauthorization, the City
shallrequire replacement pursuant to10. below. Inaddition, ifthe
City determines thatadamaged treewillprobably notsurvive, it
shall beremoved bythe developer orbuilder.
10. Except asprovided inIV.13. ofthis Policy, allsignificant trees
removed ordamaged during theprocess of landdevelopment or
construction activities shallbereplaced onsite. Theremoval of
trees onpublic right-of-way, conducted byoronbehalfofa
governmental agency inpursuance ofitslawful activities or
functions, shallbeexempt fromthisreplacement.
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a. Any treesrequired tobeplanted shall bevaried inspecies,
shall maximize the use ofspecies native tothearea, shallnot
include anyspecies under disease epidemic, andshallbe
hardy under local conditions.
b. TreeReplacement Ratio.
1) Significant deciduous treeseight inches (8”) DBHor
greater shallbereplaced bytwo (2), three (3) inch
caliper orgreater deciduous treesortwo, six-foot
6’) high coniferous trees.
2) Significant deciduous treestwelve inches (12”) DBH
orgreater shall bereplaced by three (3), three (3)
inchcaliper orgreater deciduous trees orthree (3),
six-foot (6’) high coniferous trees.
3) Significant coniferous trees sixfeet (6’) high or
greater shallbereplaced byone (1) six-foot (6’)
high orgreater coniferous tree.
4) Significant coniferous trees twelve feet (12’) highor
greater shallbereplaced bytwo (2) six-foot (6’)
high orgreater coniferous trees.
5) Innocase willthetotal number ofreplacement trees
exceed eight (8) trees peracre.
c. Before any construction takes place, treeprotection
measures assetforth inVI.B. ofthis Policy shall beplaced
around treeprotection zones andaround thedriplines of
significant trees tobepreserved. Signsshall beplaced along
fencelines prohibiting grading beyond thefence line.
d. Any treesrequired tobeplanted shall bereplaced iftheydie
orappear tobedying within two (2) fullgrowing seasons of
planting bythe person responsible fortheplanting.
e. Replacement treesshall beofasimilar species tothetrees
which are lost orremoved andshallinclude thosespecies
shown onthefollowing list:
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Deciduous Trees
Mountain Ash - Sorbus spp. Black Locust - Robinia
River Birch - Betula nigra psuedoacacia
Kentucky Coffeetree - Gymnocladus dioicus Amur Maple - acerginnala
Amur Corktree - Phellodendron amurense Norway Maple - Acerplatanoides
Flowering Crabapple - Malusspp. Red Maple - Acer rubrum
Ginkgo (maleonly) - Ginkgo biloba Silver Queen Maple (seedless) - Acer
Hackberry - Celtis occidentalis saccharinum ‘Silver Queen’
Hawthorn - Crataegus spp. Sugar Maple - acersaccharum
Shagbark Hickory - Carya ovata Northern Catalpa - Catalpa speciosi
Honeylocust - Gleditsia Hatriacanthos BurOak - Quercus macrocarpa
Ironwood - Ostrya virginiana PinOak - Quereus palustris
Japanese TreeLilac - Syringa amurensis Red Oak - Quercus rubra
japonica Swamp White Oak - Quercus bicolor
American Linden - Tiliaamericana White Oak - Quercus alba
Littleleaf Linden - Tilia cordata Ohio Buckeye - Aesculus glabra
Redmond Linden - Tiliaamericana Russian Olive - Eleagnus
Redmond’ angustifolia
Black Walnut - Juglans nigra
Conifers
American Arborvitae - Thuja occidentalis Red Pine - Pinusresinosa
Balsam Fir - Abies balsamea Scotch Pine - Pinus sylvestris
Douglas Fir - Pseudotsuga menziesii White Pine - Pinus strobus
White Fir - Abies concolor Black Hills Spruce - Picea glauca densata
Canadian Hemlock - Tsuga canadensis Colorado Spruce - Picea pungens
European Larch - Larix decidua Norway Spruce - Piceaabies
Austrian Pine - Pinusnigra White Spruce - Piceaglauca
Norway Pine - Pinusresinosa Tamarack - Larix laricina
11. Financial Guarantee - Subdividers.
a. Subdividers shall provide afinancial guarantee aspartofthe
development contract toensure replacement ofsignificant
trees lostinthedevelopment process. Theamount ofthe
financial guarantee shall bedetermined bythe Zoning
Administrator, based upon estimates madebythe
subdivider’sregistered landscape architect oractual bids
prepared byacertified nurseryman. Thisshall bea
separate lineiteminthedevelopment contract andshall be
the basisforadevelopment contract where thelackof
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public improvements would otherwise notrequire a
contract.
This financial guarantee shall beheld foratleast two (2) full
growing seasons beyond the date ofinstallation of thelast
replacement treeorbeyond thelast date ofsite activity that
may impact treesurvival.
b. Inaddition toa. above subdividers shall provide afinancial
guarantee aspart ofthedevelopment contract toensure
protection ofallsignificant trees tobesaved. Foreach mass
graded lotwith atleastone (1) significant treetobesaved
andeachcustom graded lotwithatleast one (1) significant
tree, the subdivider shall payafeeasestablished inChapter
1302oftheShorewood CityCode.
Thisfinancial guarantee will bereleased upon 1)
certification inwriting bythesubdivider’sforester, arborist,
orlandscape architect indicating that tree protection
measures were installed onmassgraded lots and tree
replacement iscompleted, ifnecessary and/or2) thebuilders
haveposted security forthecustom graded lots.
12. Financial Guarantee - Builders.
a. Homebuilders shall provide afinancial guarantee aspartof
the building permit application toensure protection ofall
significant trees tobe saved. Foralllotswith atleastone
1) significant treetobesaved thebuilder shall provide a
letterofcredit or cashescrow asestablished byChapter
1302oftheCityCode.
b. Priortotheissuance ofacertificate ofoccupancy orrelease
ofthetreeprotection guarantee, thebuilder’sforester,
arborist, orlandscape architect shallcertify tothe Cityin
writing that allthetreeprotection measures identified onthe
treepreservation plan were installed fromthestart of
construction totheendofconstruction andtree replacement
iscompleted, ifnecessary.
c. TheBuilding Official willmonitor thetree protection
measures atthetime ofroutine inspections.
d. Builders are liableforsubcontractors which destroy or
damage significant trees which wereindicated tobesaved
ontheindividual lottree preservation plan.
13. TreeReplacement Fund.
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a. Incases where itcanbedemonstrated thataconstruction
sitecannotaccommodate additional trees, abuilder or
developer may placereplacement trees onpublic property at
the direction oftheZoning Administrator. TheCity shall
maintain alistofpublicproperties where replacement trees
may beplanted.
b. Asanalternative toplacing treesonpublic property, the
City mayrequire abuilder ordeveloper tocontribute toa
City treereplacement fund. This fund shallbeused solely
forthepurpose ofplanting treeson public property. The
Zoning Administrator shallannually establish afeeschedule
forreplacement trees, based upon market conditions.
Tree & SiteRelated Disturbances. V
A. Treeprotection zones, specimen trees orstands oftreesdesignated tobe
saved must be protected fromthefollowing damages which may occur
duringall phases oflanddisturbance and construction processes. Methods
oftreeprotection and disturbance prevention areprovided inSection VI.
1. Direct physical root damage
2. Indirect rootdamage
3. Trunkand crown disturbance
B. Direct physical root damage most frequently occurs during siteclearing
andgrading operations, where transport or feeder roots arecut, torn, or
removed.
1. Transport and feeder rootstendtotangle and fuse among theroots
ofadjacent trees. Theremoval oftrees with heavy machinery along
theouterperiphery ofatreesave areacauses rootdamage.
2. Themost substantial form ofroot damage forallroottypes occurs
intheform ofcut roots. Roots arecutingrade reduction, orfrom
trenching forunderground utilities, sanitary sewer, orstorm sewer
lines.
3. Amore subtle type ofroot damage isthelossoffeederroots.
Feeder roots normally occur within theorganic layer, andthe
surface four inches (4”) oftopsoil, subsequently, these roots canbe
easily damaged bythetrack action from asingle bulldozer pass.
Thestripping oftop soilwithin atree’scritical rootzone cantotally
eliminate itsfeeder rootsystem.
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C. Indirect root damage through site modification canresult from positive
grade changes, temporary storage offillmaterial, thesedimentation of
erosion materials, soilcompaction, and soilchemical changes.
1. Positive grade changes fromfill andsedimentation causesa
decrease insoiloxygen levels. Anincrease insoilcarbon dioxide
andother toxic gases canalsooccur, leading tolarge areas of
anaerobic conditions. Anaerobic soilconditions cause adecrease in
the root respiration process which isessential fortheuptake and
transport ofminerals andnutrients.
2. Anaerobic soilconditions arealsoproduced bysoil compaction, the
increase insoilbulk density with adecrease insoilspore space.
Compacted soilisalso impervious toroot penetration, andthus
inhibits root development. Soilcompaction isgenerally caused by
theweight andvibrations ofheavy machinery, vehicle parking, and
the storage offilland/orconstruction materials within thecritical
rootzones oftrees.
3. Changes insoilchemistry willadversely affect treesurvival. The
most frequent occurrence isthe change (decrease) insoil acidity by
concrete washout. The leakage orspillage oftoxic materials such
asfuelsorpaints can befatalfor trees.
D. Trunk andcrown disturbances aregenerally mechanical innature andare
either caused directly byclearing and grading machinery, orindirectly by
debris being cleared andfalling intotrees marked for protection.
1. Common forms of damage include stripped barkandcambium, split
trunks, andbroken limbs.
2. Damage alsooccurs from theposting ofsignssuch asbuilding
permits, orsurvey markers ontrees.
3. Indirect damage canbecaused bytheplacement ofburnholes or
debris fires too close to trees. The possible range ofdamages
include scorched trunks with somecambial dieback, thelossof
foliage duetoevaporative heat stress (leafdesiccation), and
completely burned trunks andcrowns.
Methods of Tree Protection. VI.
A. Planning and considerations. Tree space isthemostcritical factor intree
protection throughout thedevelopment process. Therootsystem oftrees
caneasily extend beyond thedripline ofthetreecanopy (Figure 1). The
rootsystem within thedripline region isgenerally considered tobethe
protected rootzone. Disturbance within thiszone candirectly affect a
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tree’schances ofsurvival. With reference torootzones, the following
standards shall apply:
1. Theuseoftreesave islands andstands isencouraged rather than
the protection ofindividual (nonspecimen) trees scattered
throughout asite. This willfacilitate ease inoverall site
organization asrelated totreeprotection.
2. Theprotective zoneofspecimen trees orstands oftreesor
otherwise designated treesaveareas shall include noless than the
totalareabeneath thetree(s) canopy asdefined bythefarthest
canopy dripline ofthetree(s). Insomeinstances, theZoning
Administrator mayrequire aprotective zone inexcess ofthe area
defined bythetree’sdripline.
3. Layout oftheproject siteutilityandgrading plans shall
accommodate therequired tree protective zones. Utilities must be
placed along corridors between treeprotective zones.
4. Construction site activities such asparking, material storage,
concrete washout, holeplacement, etc., shall bearranged soasto
prevent disturbances within treeprotective zones.
5. Alterations tothe protective zone of thespecimen treesorstands of
trees mustbeapproved bytheZoning Administrator.
B. Protective Barriers.
1. Active protective tree fencing shallbeinstalled along theouter edge
ofand completely surrounding thecritical rootzones ofall
specimen treesor stands oftrees, orotherwise designated tree
protective zones, prior toany building construction.
2. These fenceswillbeaminimum four feet (4’) high. Four-feet (4’)
highorange polyethylene laminar safetyfencing isacceptable
Figure 2).
3. Alltreeprotection zones should bedesignated assuch with “Tree
Save Area” signs posted visibly onallsides ofthefenced area.
These signs areintended toinform subcontractors ofthe tree
protection process. Signs requesting subcontractor cooperation
andcompliance with treeprotection standards arerecommended
forsite entrances.
4. Alltreefencing barriers must beinstalled prior toandmaintained
throughout building construction andshould notberemoved until
completion ofconstruction anduntillandscaping isinstalled.
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C. Encroachment. Most trees cantolerate onlyasmall percentage ofcritical
rootzone loss. Ifencroachment isanticipated within the critical root zones
ofspecimen trees, stands oftrees, orotherwise designated treeprotective
zones, thefollowing preventive measures shall beemployed:
1. Clearing Activities: Roots often fuseandtangle amongst trees.
Theremoval oftrees adjacent totree saveareas cancause
inadvertent damage tothe protected trees. Wherever possible, itis
advisable tocutminimum twofoot (2’) trenches (e.g., with a
ditch-witch”) along thelimits ofland disturbances, soastocut,
rather thantear, roots. Directionally felling treesoutward into
disturbance areasandgrinding stumps isalsoacceptable.
2. Itisvery strongly suggested thatallclearing inoakstands bedone
before May1standafterJuly1stofeachseason. This will helpto
prevent theinadvertent wounding oftrees withthe consequential
spread ofoakwilt. Ifclearing has tobedone atthistime, all
stumps andwounded treesshall have thewound areas painted
thoroughly withatreepaint. Tobeeffective, thepainting shallbe
performed within thesame dayofcutting. Should oakwiltget
started asaresult ofconstruction during themonths ofMay and
June, thenthedeveloper/builder shall payforalladditional on-site
oak wiltcontrol measures needed tocontrol thedisease.
3. Where theZoning Administrator has determined thatirreparable
damage has occurred totrees within tree protective zones, they
must beremoved andreplaced bythedeveloper/builder asprovided
inSection IV(B)9.
D. Reclamation oftheGrowing Site. Atree’sability foradequate root
development, andultimately itschances forsurvival, areimproved with
reclamation ofthegrowing site. Whenever possible, thesoilshould be
brought backtoitsnatural grade. Unnecessary fill, erosion sedimentation,
concrete washout, andconstruction debris should beremoved. When
machinery isrequired forsite improvement, itisrecommended thata
rubber-tired skidsteer loader” orsimilar lightweight rubber tire vehicle be
usedsoastominimize soilcompaction.
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TREEPRESERVATION POLICY
CITYOF SHOREWOOD
APPENDIX A
Technical Terms
Cambium: The tissuewithin thewoody portion oftreesandshrubs which givesrisetothe woody
water andnutrient conducting system, andtheenergy substrate transport system intrees.
Cambial dieback: Theirreparable radial ofvertical interruption ofatree’scambium, usually
caused bymechanical damage, suchas “skinning bark”, orfromexcessive heat.
Coniferous: Belonging tothegroup ofcone-bearing evergreen trees orshrubs.
Deciduous: Notpersistent; theshedding ofleaves annually.
Feeder roots: Acomplex system ofsmallannual roots growing outward andpredominantly
upward from thesystem of “transport roots”. These rootsbranch fourormore times toform fans
ormats ofthousands offine, short, non-woody tips. Many ofthesesmallroots andtheirmultiple
tipsare 0.2to1mmorless indiameter, and lessthan1to2mmlong. These roots constitute the
majorfraction ofatree’sroot system surface area, and aretheprimary sites of absorption of
water andnutrients.
Major Woody Roots: Firstorder treerootsoriginating atthe “rootcollar” andgrowing
horizontally inthesoiltoadistance ofbetween 3and15feet from thetree’strunk. Theseroots
branch anddecrease indiameter togiveriseto “roperoots”. The primary function ofmajor
woody rootsinclude anchorage, structural support, thestorage offood reserves, andthe transport
ofminerals andnutrients.
Protected RootZone: The rooting areaofatree established tolimit rootdisturbances. Thiszone
isgenerally defined asacircle with aradius extending from atree’strunktoapoint noless than
the furthest crown dripline. Disturbances withinthiszone willdirectly affect atree’schance for
survival.
RootCollar: Thepoint ofattachment ofmajor woody roots tothetreetrunk, usually atornear
thegroundline andassociated withamarked swelling ofthetreetrunk.
RootRespiration: Anactive process occurring throughout thefeeder rootsystem oftrees, and
involving theconsumption ofoxygen andsugars with therelease ofenergy andcarbon-dioxide.
Root respiration facilitates theuptake and transport ofminerals andnutrients essential fortree
survival.
Rope Roots: Anextensive network ofwoody second order roots arising from major woody
roots, occurring withinthesurface 12to18inches oflocal soils, andwithan average sizeranging
from .25to1inchindiameter. The primary function ofrope roots isthe transport ofwater and
nutrients, andthestorage offoodreserves.
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SoilCompaction: Achange insoilphysical properties which includes anincrease insoilweight
perunitvolume, and adecrease insoilporespace. Soil compaction iscaused byrepeated
vibrations, frequent trafficandweight. As related totreeroots, compacted soilcancause physical
rootdamage, adecrease insoiloxygen levels with anincrease intoxicgases, andcanbe
impervious tonew root development.
Transport Roots: The system orframework oftreeroots comprised ofmajor roots andrope
roots.
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TREEPRESERVATION POLICY
CITYOF SHOREWOOD
APPENDIX B
Checklist forTreeProtection Plan:
1. TreeProtection Plans.
a. Provisions fortreeprotection onthe siteshallbe, atminimum, inconformance
with therequirements oftheCityofShorewood TreePreservation Policy in
conjunction with theShorewood TreePreservation Ordinance No. 324.
b. ATreePreservation Planshallbesubmitted either aspartofalandscape plan,
preliminary plat, orasaseparate drawing, toinclude thefollowing:
1) Alltree protection zones
2) Approximate location ofallspecimen trees orstands oftrees
3) Approximate location ofallspecimen treeswhen their preservation is
questionable, ormight result inachange ofthesitedesign
4) Identification of specimen trees tobe removed. (Removal ofspecimen
trees issubject toZoning Administrator approval.)
5) Limits ofclearing and land disturbance suchasgrading, trenching, etc.
where these disturbances may affect treeprotection zones.
6) Proposed location ofunderground utilities.
7) Methods oftree protection shall beindicated foralltree protection zones,
aeration systems, staking, signage, etc.
8) Theplanshould indicate staging areas forparking, material storage,
concrete washout, andburial holes where these areas might affect tree
protection.
c. The following notes shallbeindicated onboth treepreservation plans andgrading
plans inlargeletters:
1) Contact theCity Planning Department at474-3236 toarrange a
preconstruction conference withtheCity Zoning Administrator priortoany
landdisturbance.
2) Alltreeprotection measures shall beinstalled priortobuilding
construction.
3) Contact theCity ofShorewood Planning Department at474-3236fora
Site Inspection uponcompletion oflandscape installation.
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Ordinance 2026-04: Amendment Regarding Tree
Protection
The City Council of Edina Ordains:
Section 1. Chapter 10 [Buildings and Building Regulations], Article III [Building Code], Division 3 [Tree
Protection] of the Edina City Code is hereby repealed in its entirety.
Section 2. Chapter 30 [Vegetation], Articles I [In General] and II [Permit] of the Edina City Code are
hereby repealed in their entirety.
Section 3.Chapter 30 [Vegetation], Article IV [Shade Tree Diseases], Division 2 [Abatement of
Nuisances regarding Trees] is amended by adding the following:
Secs. 30-203 to 30-204 Reserved.
Section 4. Chapter 30 [Vegetation] of the Edina City Code is hereby amended by adding a new Article
V Tree Protection, as follows:
ARTICLE V. TREE PROTECTION
DIVISION 1. TREE PROTECTION
Sec. 30-205. Purpose.
Edina is fortunate to have a robust inventory of mature trees that form an integral part of the unique
character and history of the city, and that contribute to the long-term aesthetic, environmental, and
economic well-being of the city. The goal of this section is to preserve Edina's high valued trees,
while allowing reasonable development to take place and not interfere with how existing property
owners use their property. The purposes of the ordinance are to:
(1) Preserve and grow Edina's tree canopy cover by protecting mature trees throughout the city.
(2) Protect and enhance property values by conserving and adding to the distinctive and unique
aesthetic character of Edina's tree population.
(3) Protect and enhance the distinctive environmental features of Edina's neighborhoods.
(4) Improve the quality of life for all, including city residents, visitors and wildlife.
(5) Protect the environment by the filtering of air and soil pollutants, increasing oxygen levels and
reducing CO2; preventing and reducing erosion and stormwater by stabilizing soils; decreasing
wind speeds; reducing noise pollution and decreasing the urban heat island effect.
(6) Protect and maintain healthy trees in the development and building permit processes as set
forth herein; and prevent tree loss by eliminating or reducing compacted fill and excavation
near tree roots.
Sec. 30-206. Applicability.
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Except as otherwise provided in this section, this Article V applies to all public or private property in
the city. This division does not apply to city parkland, which follows tree protection guidelines
outlined in Edina's Comprehensive Plan and City Park System.
Sec. 30-207. Definitions.
When used in this Article V, the following words, terms and phrases shall have the meanings set
forth below:
Applicant The person or entity who submits the related application.
Built Lot Any lot that is not an unbuilt lot.
Certified
professional
An architect, engineer, landscape architect, or geoscience professional who
holds a current and valid license or certification as listed on the Architecture,
Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior
Design (AELSLAGID) registry.
Critical root zone The minimum area around a tree that must be left undisturbed, represented
as a circle in which the tree is the center. The radius of the critical root zone is
calculated by measuring the tree's diameter at breast height, whether the
tree is deciduous or coniferous, and multiplying by one and one-half feet. For
example, if a tree's dbh is ten inches, the radius of the critical root zone is 15
feet (10 × 1.5 = 15 feet).
Diameter at
breast height
(dbh)
The diameter of a tree, measured at a height that is four and one-half feet
above the base of the tree.
Final inspection The final inspection required prior to closure of any of the related applications
identified in section 30-208, subdivision (1)(a), (b), or (c) or, of a related
application that issued subsequent to a subdivision approval as referenced in
section 30-208, subdivision (5)(c).
Heritage tree Any protected tree that meets one of the following:
(1) A deciduous tree that is 30 inches dbh or greater; or
(2) A coniferous tree that is 30 feet in height or greater
ISA certified
arborist
An arborist who holds a current and valid license with the International
Society of Arboriculture (ISA).
Protected tree Any tree, other than an excepted tree, that is structurally sound and healthy,
and that meets one of the following:
(1) A deciduous tree that is at least five inches dbh; or
(2) A coniferous tree that is at least 15 feet in height.
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Removal/removed The physical removal of a tree.
Removable Tree Any of the following tree species: box elders, poplar, willow, silver maple, black
locust, ash, mulberry or a tree species listed on the Minnesota Department of
Agriculture’s noxious weed list.
Related
application
The application for permit or other approval that requires the submission and
approval of a tree protection plan under section 30-208.
Subject property The property that is the subject of a related application.
Transplanted Tree A protected or heritage tree which is removed and replanted on the same lot,
another private lot or a public space in Edina.
Tree protection
plan
The plan required by section 30-208.
Unbuilt Lot An existing or newly created lot, with a unique address that has never been
improved with a principal structure.
Sec. 30-208. Tree protection plan required.
(1) Tree protection plan required. An application for any of the following permits or approvals requires
the submission and approval of a tree protection plan in compliance with this Article V:
a. Grading permit; or
b. Demolition permit; or
c. Building permit for the construction of a new principal or accessory structure, including a
garage, deck, or pool, or for an addition to an existing principal or accessory structure; or
d. A request for subdivision approval that involves the creation of one or more new lots.
(2) Contents of tree protection plan. A tree protection plan consists of a tree inventory and site plan
that meets the requirements of this subdivision 2.
a. The tree inventory is a list or spreadsheet that must include the following information:
i. The species and locations of all existing trees on the subject property, regardless of
health.
ii. The species and former locations of all trees that were removed from the subject
property within one year prior to the date of the application to which the tree
protection plan relates, and explanation of the reason for removal.
iii. The size of each tree, measured in accordance with this section, and its caliper and
health condition.
iv. Identification of whether the tree will be preserved, transplanted or removed.
v. For trees that will be preserved, a description of how the trees will be preserved and
protected during construction. If the critical root zone of a tree on the subject
property or an adjacent property must be disturbed for construction or construction
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activity, a plan for minimizing damage caused by the disturbance shall be submitted
as part of the tree protection plan.
vi. For protected trees and heritage trees that will be removed, the location, species and
size(s) of proposed replacement tree(s) as required by section 30-210.
b. The site plan must be coordinated to the tree inventory and must illustrate the following:
i. The location and critical root zone for each tree in the inventory and indication of
whether the tree is to be protected, transplanted, removed or was previously
removed.
ii. The proposed construction limits of the work to be performed under the permit for
which an application has been made.
iii. The proposed tree protection methods that will be used, which must comply with
subdivision (3) of this section.
c. The tree inventory and site plan may be prepared by the applicant or applicant’s
representative; except that, for the following related applications, the tree inventory must be
prepared by an ISA certified arborist:
i. A related application identified in subdivision (1)(a), (b) or (c) of this section with an
estimated valuation of $100,000 or greater; except that for a building permit for the
construction of a new primary structure, the valuation must be $500,000 or greater;
or
ii. An application for subdivision approval as identified at subdivision (1)(d) of this
section.
d. Tree sizes listed in the tree inventory must be measured as follows:
i. Existing deciduous trees are to be measured using diameter at breast height (dbh).
ii. Existing coniferous trees are to be measured using height in feet from the base of the
tree to the mid-point of the tallest whorl.
e. Replacement deciduous trees must be measured based upon caliper, using the American
Standard for Nursey Stock (ANSI Z60.1):
i. Single stem trees less than 4” caliper must be measured at 6 inches above ground
level; and
ii. Greater than 4” caliper trees must be measured at 12 inches above ground level; and
iii. Multi-stem trees must be measured by half of the 3 largest stems.
f. Replacement coniferous trees must be measured by feet in height from the base of the tree
to the mid-point of the tallest whorl.
(3) Tree protection methods.The tree protection plan must describe the method(s) to be used to
prevent disturbance within the critical root zone and base of the tree as required by section 30-209
(3). Acceptable methods of tree protection include:
a. Fencing: snow fence, erosion control, chain link; or
b. Construction tape or rope, durable and maintained; or
c. Other material or methods as approved by forestry staff.
(4) Coordination with stormwater management plan. If a stormwater management plan is submitted
in connection with the related application, the tree protection plan must be coordinated with the
stormwater management plan; preserved trees that will be preserved, transplanted or planted
should be shown on the stormwater management plan to ensure no conflicts.
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(5) Review and approval of tree protection plan.
a. Forestry staff will review proposed tree protection plans for compliance with Article V.
Forestry staff may require changes to a tree protection plan as necessary to comply with
this division, including, but not limited to, the trees to be preserved or removed, the methods
used to protect critical root zones of trees, and the location, size and species for proposed
replacement trees.
b. A permit for a related application as identified in subdivision (1)(a), (b), or (c) of this section
may not be issued until:
i. The forestry staff has reviewed and approved the proposed tree protection plan; and
ii. The financial security required by section 30-212 has been deposited with the city.
c. For related applications that are subdivision approvals, review and approval of the tree
protection plan is required at the time of subdivision approval. Approval of the related
application will be conditioned upon the requirement that any development of the
subdivision comply with the approved tree protection plan. The financial security required
by section 30-212 will not be required to be deposited until a subsequent related application
as identified at subdivision 1(a), (b), or (c) is made for any portion of the approved
subdivision. A new tree protection plan is not required for the subsequent related
application, and the subsequent application may be approved based upon the tree
protection plan approved in conjunction with the subdivision approval; but the financial
security must be calculated as of the date of the subsequent related application and must
be deposited prior to approval of the subsequent related application.
Sec. 30-209 Construction activity and tree removal restrictions.
(1) Removal of protected and heritage trees from properties that are the subject of a related
application is prohibited, except as provided by a tree protection plan approved in accordance
with sections 30-208 and 30-210.
(2) Any protected tree or heritage tree transplanted on-site shall not be counted under this section as
having been removed and therefore does not require replacement under section 30-210, provided
that the tree remains viable after 12 months, as required by section 30-210(5).
(3) Before construction, grading or land clearing begins, tree protection fencing or other method must
be installed and maintained at the critical root zones of the trees to be protected. The location and
method of tree protection must be in conformance with the approved tree protection plan. The
fencing must be inspected by forestry staff before site work begins. The fencing must remain in
place until all demolition and construction is complete.
(4) No construction, compaction, construction access, stockpiling of earth, storage of equipment or
building materials, or grading may occur within the critical root zone areas of trees to be protected,
unless there are no other on-site alternatives. If there are no other alternatives, a plan for this
activity would need to be reviewed and approved by the forestry staff and included in the tree
protection plan. A reasonable effort must be made when trenching utility lines to avoid the critical
root zone.
(5) When construction is complete, the soil for all existing, new or transplanted trees must be aerated
and de-compacted from the tree base to the drip line of the tree. Aerating must include multiple
concentric circles of one-inch holes, two inches deep, or as recommended by a certified
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professional.
Sec. 30-210 Tree mitigation
(1) If a protected tree, other than a heritage tree, is removed, it must be replaced with trees equal to at
least 75% of the deciduous dbh and 75% of the coniferous height in feet, as applicable, of the
removed tree, subject to the following conditions:
a. Protected coniferous trees must be replaced with similar species using at least an 80/20
ratio, meaning 80% of replacement trees must be coniferous species and up to 20%
replacement trees may be of deciduous species that are normally found growing in similar
conditions and that are included in Hennepin County's "Recommended Tree List."
b. Protected deciduous trees must be replaced with similar species using at least an 80/20
ratio, meaning 80% of replacement trees must be deciduous species and up to 20%
replacement trees may be of coniferous species that are normally found growing in similar
conditions and that are included in Hennepin County's "Recommended Tree List."
c. Replacement trees must not be subject to known epidemic diseases or infestations. Disease
or infestation-resistant species and cultivars are allowed.
d. Replacement trees must be at least three and one-half inches in caliper for deciduous trees
and a minimum of eight feet tall for coniferous trees.
e. The plan for replacement of removed trees must be included in the approved tree
protection plan.
f. Compliance with the approved tree protection plan shall be verified at the time of final
inspection. If the protection plan is not in compliance, the final inspection may not be
approved.
(2) If a heritage tree is removed, it must be replaced with trees at least 100% of the dbh or coniferous
feet of the removed tree, subject to the following conditions:
a. Heritage coniferous trees must be replaced with similar species using at least an 80/20
ratio, meaning 80% of replacement trees must be coniferous species and up to 20%
replacement trees may be of deciduous species that are normally found growing in similar
conditions and that are included in Hennepin County's “Recommended Tree List”.
b. Heritage deciduous trees must be replaced with similar species using at least an 80/20
ratio, meaning 80% of replacement trees must be deciduous species and up to 20%
replacement trees may be of coniferous species that are normally found growing in similar
conditions and that are included in Hennepin County's “Recommended Tree List”
c. Replacement trees must not be subject to known epidemic diseases or infestations.
Disease- or infestation-resistant species and cultivars are allowed.
d. Replacement heritage trees must be at least four and one-half inches in caliper for
deciduous trees and a minimum of ten feet tall for coniferous trees.
e. The plan for replacement of removed trees is part of the tree protection plan and requires
approval by the forestry staff.
f. Compliance with the approved tree protection plan shall be verified at the time of final
inspection If the tree protection plan is not in compliance, the final inspection may not be
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approved.
(3) Protected trees or heritage trees that have been removed within one year prior to the submission
date of the related application are also subject to the replacement requirements in this section 30-
210.
(4) All replacement trees must be planted on the subject property, except as approved under section
30-211.
(5) All replacement trees must be inspected by an ISA certified arborist no less than 12 months after
the planting of the replacement tree or the completion of all other site-disturbing activities under
the related application, whichever is later.
(6) No mitigation is required for removal of protected or heritage trees from unbuilt lots as defined
above, in the following areas:
a. Including, and within a ten-foot (10’) radius of, the proposed building pad, deck or patio.
b. Including, and within a five-foot (5’) radius of proposed driveways.
c. Including, and within ten-foot (10’) radius of installation of infrastructure improvements
including public roadways, stormwater retention areas and utilities.
(7) The forestry staff may waive the mitigation requirement for removal of protected or heritage trees
on built lots in the following circumstances:
a. Trees posing damage to existing foundations, sidewalks and driveways, subject to findings
from a certified professional or an ISA certified arborist as defined in section 30-207.
b. Trees located in an active easement or easement with a future need as identified by the City
Engineer.
Sec. 30-211 Off-site tree mitigation
(1) The tree mitigation requirements under section 30-210 must be satisfied by planting replacement
trees on the subject property, unless the forestry staff determines that the subject property cannot
accommodate the required number of replacement trees in a manner necessary for the trees to
remain healthy and viable, and is approved by forestry staff.
(2) If the forestry staff determines that the requirements of subdivision (1) cannot be satisfied, the
forestry staff may approve planting of replacement trees on private property located within 300
feet of the subject property, provided that the applicant complies with the requirements of this
section.
(3) If the forestry staff determines that the requirements of subdivision (1) cannot be satisfied and
there is property within 300 feet of the subject property that is suitable for or willing to accept
replacement trees, the forestry staff may approve planting of replacement trees on other property
located within the City of Edina; provided that the applicant complies with the requirements of this
section.
(4) An applicant who requests to perform off-site tree mitigation under subdivision (2) must provide
written notice to the owners of all property within 300 feet of the subject property, notifying the
owners that trees are available for planting on their properties. In addition, the applicant must post
a sign on the subject property indicating that trees are available for planting and providing a
contact name and phone number for the applicant or applicant’s representative.
(5) An applicant who requests to perform off-site tree mitigation under subdivision (3) must comply
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with subdivision (4) above and must attest to forestry staff that no property owners expressed any
interest in accepting any replacement trees.
(6) Before approving a tree protection plan that includes off-site tree mitigation, the forestry staff must
obtain from the applicant an agreement between the applicant and the owner of the property on
which replacement trees will be planted. The agreement must: identify the specifies of
replacement trees and the locations at which the replacement trees will be planted; address who
is responsible for watering and care of the replacement trees and for the replacement of any tree
that is not viable after 12 months, as required by section 30-210(5); grant the City of Edina the right
to enter the property where replacement trees will be planted for purposes of inspection and
enforcement. Regardless of any such agreement, the applicant is at all times responsible for
complying with the requirements of this Article V.
Sec. 30-212 Financial Security
(1) The City shall require the applicant to provide a cash escrow or a letter of credit satisfactory to the
City as security for compliance with the approved tree protection plan, in accordance with section
30-208(5).
(2) The amount of the financial security may be determined under one of the options below:
a. An amount equal to 110% of the estimated cost of the replacement trees required by the
approved tree protection plan, based upon a verified quotation from a landscape supplier;
or
b. An amount equal to the sum of:
i. $300.00 per deciduous dbh below 75% of the total dbh of protected deciduous trees
removed; and
ii. $300.00 per coniferous foot below 75% of the total feet of protected coniferous trees
removed; and
iii. $500.00 per deciduous dbh below 100% of the dbh of heritage deciduous trees
removed; and
iv. $500.00 per coniferous foot below 100% of the coniferous feet removed.
(3) The financial security shall be released according to the following schedule:
a. After the applicant has planted the required replacement trees but no earlier than the
completion of site-disturbing activities on the subject property as approved by the related
application, and upon request by the applicant, forestry staff shall inspect the site using the
submitted escrow release form that includes the updated tree planting plan. If the forestry
staff determines that the applicant has complied with the approved tree protection plan,
50% of the original financial security shall be released. If the applicant has not fully complied
with the tree protection plan, the financial security will be released at a ratio that
corresponds to 50% of the estimated percentage of compliance.
b. No less than 12 months after the planting of all required replacement trees or the completion
of all other site-disturbing activities under the related application, whichever is later, the
applicant must submit the escrow release form including a landscape review by an ISA
certified arborist, certifying planted and preserved trees are viable. If any trees planted both
on site and off site are found to be not viable, the applicant must replace those trees in
substantially the same location. The remaining balance of the financial security will be
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released upon the City’s receipt of an ISA certified arborist’s certification that all
replacement trees are viable or, if not all trees are certified as viable, upon City forestry
staff’s verification that nonviable trees have been replaced, whichever is later.
c. If the applicant fails to comply with the requirements of this Article V, the City may draw
upon the financial security for purposes of performing the work required to bring the subject
property or other property into compliance with the approved tree preservation plan.
Sec. 30-213 Transition.
This Article V supersedes and replaces the provisions of Chapter 10 [Buildings and Building
Regulations], Article III [Building Code], Division 3 [Tree Protection] of the Edina City Code. The repeal
of those provisions does not affect the validity of tree protection plans approved pursuant to those
provisions. All monies collected pursuant to the repealed provisions shall be held as financial
security to ensure compliance with previously approved plans and disbursed in accordance with
section 30-212.
Sec. 30-214 Violations; penalties.
(1) Misdemeanor. Violation of this Article V is a misdemeanor.
(2) Other remedies. The provisions of section 1-18 shall also apply to violations of this Article V.
Section 5. This ordinance is effective upon publication.
Passed by the City Council of Edina on March 3, 2026.
First Reading: February 17, 2026
Second Reading: March 3, 2026
Publication: March 12, 2026
Summary for Publication:
Ordinance 2026-04 repeals and replaces existing tree protection regulations in Chapters 10 and 30 of
the City Code and establishes a new comprehensive Tree Protection ordinance under Chapter 30. The
ordinance requires tree protection plans for certain grading, demolition, building, and subdivision
activities; defines protected and heritage trees; sets standards for preservation, removal, replacement,
and off-site mitigation; and requires financial security to ensure compliance. The new regulations are
intended to preserve and expand Edina’s tree canopy while allowing reasonable development and
protecting the community’s environmental, aesthetic, and economic benefits.
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Ordinance No. 2021-24
An ordinance amending city code 300.28 subdivision 19,
regarding tree protection, and adding a new section 314
The City Of Minnetonka Ordains:
Section 1. Section 300.28, Subdivision 19 of the Minnetonka City Code, regarding tree
protection, Attachment A of this ordinance, is repealed in its entirety and replaced with the
following.
19. Tree Protection. As outlined in City Code Section 314.
Section 2. The Minnetonka City Code is amended by adding new section 314, as follows:
314.01 Tree Protection
1. Purpose. The purpose of this subdivision is to encourage tree preservation by
reasonably limiting the removal of trees during construction, site work, and land development
activities, as well as to mitigate for the loss of trees due to these activities while maintaining the
rights of existing homeowners to use their private property.
2. Findings. The city of Minnetonka finds that trees and woodlands are an integral
part of the city's identity. As such, the city finds that standards governing the preservation,
protection, and planting of tree resources are necessary to:
a) Maintain and enhance, as much as practical, the diversity and extent of
the city’s trees and woodlands while balancing community responsibilities with private property
rights.
b) Maintain buffers between similar land uses and maintain and establish
buffers between conflicting land uses;
c) Promote climate resilience;
d) Improve air quality and reduce noise pollution;
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e) Enhance energy conservation through natural insulation and shading;
f) Reduce the urban heat island effect;
g) Reduce soil erosion, sedimentation, and stormwater runoff;
h) Preserve habitat for wildlife, including pollinating insects;
i) Extend the life of roadways;
j) Increase and maintain property values; and
k) Promote the positive impacts of trees on society, such as lowering stress,
reducing noise, and calming traffic.
3. Applicability. The provisions of this subdivision apply whenever construction, site
work, development, or redevelopment activities occur on a property.
4. Authority. Consistent with the purpose of this subdivision, and in order to enforce
its provisions, the city may:
a) Identify, require, and enforce a tree preservation plan as described in
subdivision 6 below;
b) Specify trees or groups of trees for preservation;
c) Establish grading limits;
d) Require the clustering of buildings or the relocation of roads, drives,
buildings, utilities, or storm water facilities when relocation would preserve protected trees;
e) Specify time periods in which tree cutting, pruning, or injury may not occur
in order to prevent the spread of disease;
f) Require conservation easements or other legal means to ensure that
woodland preservation areas or groups of high priority trees or significant trees are not
intentionally destroyed after the development has been approved; and
g) Grant variances from the provisions of this section 314.01, subject to the
limitations and procedures outlined in City Code 300.07;
5. Definitions. For the purpose of this ordinance, the terms below have the meaning
given to them:
a) "Basic Tree Removal Area" - consists of the following:
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1) within the areas improved for reasonably-sized driveways, parking
areas, and structures without frost footings and within ten feet around those improvements;
2) within the footprints of, and 20 feet around, buildings with frost
footings;
3) within the footprints of, and 10 feet around, structures with post
footings such as decks or porches, if the structure is located at or outside of the area allowed by
paragraph (a)(2) of this subdivision 5; and
4) in areas where trees are being removed for ecological restoration
in accordance with a city-approved restoration plan.
b) "Canopy" - the uppermost layer of a forest formed by tree crowns.
c) “Construction” - the activity of building a new principal or accessory
structure or adding on to an existing principal or accessory structure.
d) "Critical root zone" - the minimum area around a tree that must remain
undisturbed. The critical root radius is calculated by measuring the tree's diameter at standard
height. For each inch of tree diameter, 1.5 feet of root zone radius must be protected. For
example, if a tree's dsh is 10 inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15).
e) "Diameter at standard height (dsh)" - the diameter of a tree measured at
4.5 feet above the base of the tree. Multi-stem trees are considered one individual tree, and
each stem must be measured 4.5 feet above the base of the stem and added together to
determine the diameter of the multi-stem tree.
f) “Redevelopment” - removal and reconstruction of more than 50% of the
square footage of a principal structure in any zoning district or a more-than-50% increase in the
square footage of structure or structures on a site.
g) “Removal/Removed” - the physical removal of a tree or: (1) girdling; (2)
injury to 30 percent or more of the trunk circumference; (3) pruning of 30% or more of the
crown; (4) trimming an oak between April 1st and July 15th; or (5) compacting, cutting, filling, or
paving 30 percent of the critical root zone for all tree species.
h) "Sapling" - a tree generally one to three years old.
i) “Site work” - work on a property or properties that involves filling,
excavating, or moving earth by any means, mechanized or otherwise, requiring a grading
permit. Site work does not include the planting of trees or other vegetation.
j) "Tree, high priority" - a tree that is not in a woodland preservation area
but is still important to the site and the neighborhood character, that is structurally sound and
healthy, and that meets at least one of the following standards as outlined below. The city
forester prioritizes native and culturally significant trees species above non-native native trees.
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The city will maintain, and periodically update, a list of prioritized and acceptable tree species.
This list may be used to guide both tree removals and mitigation.
1) a deciduous tree that is at least 10 inches dsh.
2) a coniferous tree that is at least 15 feet in height that is not in a
group as described below; or
3) a tree that is in a group of three or more deciduous trees that are
at least eight inches dsh or coniferous trees that are at least 15 feet in height, that provide a
buffer or screening along an adjacent public street, and that is within 50 feet of an arterial road
and 35 feet of a minor collector, local, or private street and a trail. This distance will be
measured from the edge of the pavement or curb of the road, street, or trail.
k) "Tree, protected" - a tree that is in a woodland preservation area, or is a
high priority tree, or significant tree.
l) "Tree, significant" - a tree that is structurally sound and healthy and that is
either a deciduous tree at least four inches dsh or a coniferous tree at least 10 feet in height.
m) "Understory" - The trees, shrubs, and herbaceous plants that grow in the
shade of the forest canopy, including trees that could potentially grow to reach the canopy.
n) "Woodland preservation area" - a remnant woodland ecosystem that is at
least two acres in size regardless of property boundaries, is generally mapped in the city's
Minnesota Land Cover Classification System, and although it may be degraded, it generally
meets the criteria for one of the following types of ecosystems as reasonably determined by the
city:
1) "floodplain forest" - an area populated by deciduous tree species
tolerant of seasonal flooding and deposition of silty or sandy soils. The canopy cover is
extremely variable, and mature trees are typically greater than 70 feet tall. The dominant tree
species in the canopy are silver maple and eastern cottonwood. In floodplain areas with severe
flooding, the understory will be sparsely vegetated. Trees in the understory include saplings
from the canopy species, green ash, black willow, slippery elm, American elm, boxelder, and
hackberry;
2) "lowland hardwood forest" - an area with a flat terrain populated by
deciduous tree species tolerant of periodic soil saturation from seasonally high water tables.
The soils are moderately well to poorly drained. The dominant tree species in the canopy are
American elm, black ash, basswood, bur oak, red oak, white oak, quaking aspen, paper birch,
and red maple. Trees in the understory include saplings from the canopy species, slippery elm,
green ash, butternut, sugar maple, quaking aspen, balsam poplar, and American hornbeam.
The large shrub or small tree layer of the understory is typically dense and can include
ironwood, pagoda dogwood, prickly ash, American hazelnut, gray dogwood, and speckled alder;
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3) "maple basswood forest" - an area with well-drained soils and
populated by a variety of shade-tolerant, fire-sensitive, deciduous tree species. The mature
trees are straight with narrow crowns greater than 60 feet tall. The dominant tree species in the
canopy are basswood and sugar maple, but mesic species such as slippery elm, red oak, bur
oak, green ash, white ash, and black ash may be found as well. Trees in the understory include
saplings from the canopy species, bitternut, black cherry, and ironwood. The large shrub or
small tree layer of the understory is composed of primarily tree seedlings and herbaceous
plants;
4) "mesic oak forest" - an area populated by tall, single-stemmed
deciduous trees greater than 60 feet tall that lack spreading lower branches. Mesic oak forests
may have a moderately moist habitat but can be dry depending on the slope and aspect of the
forest. The dominant tree species in the canopy include red oak, white oak, and bur oak. Trees
in the understory include saplings from the canopy and fire-sensitive species such as
basswood, green ash, bitternut hickory, big-toothed aspen, butternut, northern pin oak, black
cherry, paper birch, American elm, boxelder, and red maple. The large shrub or small tree layer
in the understory tends to be sparse with greater herbaceous plant diversity but can include
ironwood, chokecherry, prickly ash, American hazelnut, prickly gooseberry, red-berried elder,
nannyberry, juneberry/serviceberry, and pagoda dogwood;
5) "oak woodland brushland" - an area with a canopy more open
than a forest but less open than a savanna. It is characterized by open-grown trees and a
distinct shrub layer in well-drained sandy, gravelly soils. The dominant tree species include red
oak, northern pin oak, white oak, bur oak, and aspen. When it exists, the trees in the understory
include saplings from the canopy, black cherry, and red cedar. The large shrub or small tree
layer can include American hazelnut, ironwood, juneberry, and chokecherry;
6) "tamarack swamp" - an area that is a forested wetland community
dominated by patches of tamarack, a deciduous coniferous tree. The dominant tree species in
the canopy include tamarack, black spruce, paper birch, and red maple. The trees in the
understory include saplings from the canopy, and the large shrub or small tree layer can include
speckled alder and red osier dogwood; or
7) "willow swamp" - an area that is a forested wetland community or
an area with seasonally flooded soils and scattered-to-dense shrub cover. The dominant tree
species in the canopy include black willow and speckled alder. The trees in the understory
include saplings from the canopy, and the large shrub or small tree layer can include several
species of willow and dogwood.
6. Tree Preservation Plan. A tree preservation plan is required as part of any
application that involves construction, site work, or redevelopment activities. A tree preservation
plan must include:
a) A tree inventory, in spreadsheet format, that includes the following:
1) The species, sizes, and locations of high priority trees, significant
trees, and trees in woodland preservation areas, regardless of health. Dead, diseased or
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structurally unsound trees, and trees infested with a disease or insect, should be noted as such
in the inventory.
2) An inventory of all canopy species that exist in woodland
preservation areas, including those that are in the understory, if they are four inches dsh or
larger. Understory trees, excluding canopy species, and large shrubs that exist in woodland
preservation areas must be inventoried if they are two inches dsh or larger.
3) The size of high priority trees and significant trees, regardless of
location.
4) The size of coniferous trees recorded in dsh and approximate
height, regardless of location.
Note: Invasive plants such as buckthorn and honeysuckle should not be
inventoried.
b) A site plan that illustrates the dsh, location and critical root zone for each
protected tree – including the trees to be removed and the trees to be preserved, the proposed
construction limits, and the proposed tree protection methods in addition to construction limit
fencing. If grading or construction limits are outside of a woodland preservation area, the trees
in that woodland preservation area may be grouped together.
7. Tree Removal.
a) General Standards. The removal of protected trees during construction,
site work, development, or redevelopment activities must comply with the following:
1) Principal structures and associated facilities must be located to
maximize tree preservation. The city may specify the location of the principal structures and
associated facilities in order to ensure a reasonable tree preservation.
2) In no case may trees be removed from a conservation easement
without the approval of city staff.
3) Trees required to be saved as part of a subdivision approval must
remain on a lot for two years after the final building permit inspection or certificate of occupancy
is issued for the principal structure, whichever is later. Any tree that dies solely of natural causes
such as disease or wind is exempt from this section.
4) An applicant and property owner must comply with any approved
tree preservation or landscape plan. In the event that a tree preservation or landscape plan is
not on file with the city, any tree removed without authorization from the city will be considered
part of the approved tree preservation or landscape plan.
5) A healthy protected tree that did not pose a significant or severe
risk to personal safety or property damage and that was removed or otherwise destroyed by
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unnatural causes within three years before a redevelopment or subdivision application will be
regarded as if it were present at the time of construction or a development application. In no
case may healthy protected trees be removed from properties required to have a tree
preservation or landscape plan unless first approved by the city.
b) Specific Standards. Protected trees may be removed as follows:
Woodland
Preservation
Area
(WPA)
High-Priority
Trees*
Significant
Trees*
Single-Family
Property
No construction or site work Removal is not restricted, except as outlined in
subd. 7(a) above
Construction on a vacant lot In conformance with subdivision approvals
Construction or site work,
two years after initial house
construction
Removal is not restricted, except as outlined in
subd. 7(a) above
Redevelopment 25% of WPA
on the lot
35% of trees on
the lot
50% of trees
on the lot
Non-Single-
Family
Property
No construction or site work In conformance with approved landscape or tree
preservation plan
Construction or site work on
a vacant lot
In conformance with subdivision
or site plan approval
Construction or site work on
a developed lot
25% of WPA
on site
35% of trees on
site
50% of trees
on site
Redevelopment 25% of WPA
on site
35% of trees on
site
50% of trees
on site
Subdivision
25% of area
on site
35% of trees on
the site
50% of trees
on the site
If a subdivision proposal includes removal of
trees above the thresholds listed above, the
subdivision must occur at a density of no more
than 1 unit/acre
* located outside of a WPA
c) In addition to the on-site woodland preservation area removal thresholds
outlined in the chart above, the city may consider a proposal’s impact on the cumulative removal
within the larger woodland preservation area.
d) Exceptions. The city council may allow removal of protected trees over
the percentages listed in the chart above if:
1) The removal would promote a greater public good, such as:
providing reasonable use or access to the property;
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providing affordable housing;
allowing for the creation or rehabilitation of a public road or
trail;
providing for a public utility service, such as a transmission
line, stormwater pond, or a water tower;
allowing for the creation or rehabilitation of a public park;
enabling redevelopment in a designated redevelopment
area;
or other public good recognized by the city.
2) The removal of some trees would promote the preservation of
important or unique natural features of trees on the property or site.
3) The removal of some trees would promote the planting or growth
of more climate-resilient trees or vegetation on the property or site.
4) A variance is granted under Section 300.07 of the zoning
ordinance.
8. Tree Mitigation.
a) Mitigation Required. Mitigation is required for trees removed, as follows.
Mitigation is Required For:
Single-
Family
Property
No construction or site work N/A. Removal not restricted, except as
outlined in subd. 7 above.
Construction on a vacant lot High priority trees, significant trees, and
trees within woodland preservation
removed outside of: (1) the basic tree
removal area; and (2) the width of required
easements for public and private streets
and utilities.
High priority and significant trees removed
for surface stormwater practices.
Construction or site work,
two years after initial house
construction
Redevelopment
Non-Single-
Family
Property
No construction or site work Trees part of an approved tree
preservation or landscape plan.
Construction or site work on
a vacant lot High priority trees, significant trees, and
trees within woodland preservation
removed outside of: (1) the basic tree
removal area; and (2) the width of required
easements for public and private streets
and utilities.
Construction or site work on
a developed lot
Redevelopment
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High priority and significant trees removed
for surface stormwater practices.
Subdivision
High priority trees, significant trees, and
trees within woodland preservation
removed outside of: (1) the basic tree
removal area; and (2) the width of required
easements for public and private streets
and utilities.
High priority and significant trees removed
for surface stormwater practices.
b) Mitigation Plan. When tree mitigation is required, the applicant must
submit a tree mitigation plan for staff review and approval. The plan must indicate the number of
inches or feet of mitigation trees, the species and quantity of each species, and the caliper size
or feet and location for each replacement tree. The plan may not be comprised of more than 10
percent of the same species or size unless approved by the city. The plan must comply with the
mitigation standards required below. The applicant must implement the tree mitigation plan
approved by city staff.
c) Mitigation Standards. Mitigation for removal of trees or large shrubs in
woodland preservation areas, high priority trees, and significant trees must meet the following
standards:
Woodland
Preservation Area High-Priority Tree Significant Tree
Rate
One inch for each inch in diameter of a deciduous
tree removed and one foot for each foot in height
of a coniferous tree removed
Two inches dsh
replanted per tree
removed
Species
Species found in that eco-
type, as specified on the
list of acceptable
replacement species on
file with the city
Species of a similar
type that are normally
found growing in
similar conditions and
that are included on
the list of acceptable
replacement species
on file with the city;
Any tree species,
as approved by
city staff
Size
Deciduous balled and burlapped trees: at least
1.25 inches, but not more than 3 inches dsh
Deciduous spade moved trees: at least 3
inches, but not more than 6 inches
Understory or small trees: at least #7 container
stock
Shrubbery: at least #3 container stock
Deciduous: no less
than two inches
dsh replanted per
tree removed
Conifer: no less
than six feet in
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Coniferous balled and burlapped trees: at least
6 feet, but not more than 8 feet in height Coniferous spade moved: at least 8 feet, but not
more than 14 feet.
height replanted
per tree removed
In addition,
1) Mitigation trees must be planted on the same property or
development area from which the trees were removed. The city recognizes that, in some unique
situations, site conditions may not allow a property owner or applicant to achieve the required
on-site mitigation. In such cases, and at the sole discretion of city staff, a property owner or
applicant may be required to provide cash in lieu of the required mitigation that cannot be
planted on site. Such funds would be deposited into the city’s natural resources fund.
2) If larger trees are allowed, a three-year financial guarantee may
be required.
3) The required mitigation trees must be replaced by the current
property owner if the trees have died, have severely decline, or have been damaged after the
end of the second full growing season following installation. A tree will be considered to be
severely declined if more than 25 percent of the crown has died.
4) Development that is subject to landscape requirements in sections
300.27 and 300.31 must meet the minimum landscape requirements of the applicable section.
Trees planted as part of a required landscaping plan may be counted as mitigation trees under
this section, at the city's discretion.
5) All mitigation trees and shrubs must meet the American National
Standards Institute (ANSI A300 and as amended) relating to planting guidelines, quality of
stock, and appropriate sizing of the root ball for balled and burlapped, containerized, and spade-
moved trees.
6) The city may require an escrow deposit to ensure the required
planting and continued existence of the mitigation trees. The city will release the escrow deposit
after the end of the second full growing season following installation of the mitigation trees and
any replacement trees.
9. Construction.
a) Before construction or site work – including any tree removal – tree
protection fencing or other approved protection measures must be installed for city staff
inspection. The location of the fencing/protection measures must be in conformance with the
approved tree preservation plan and must be maintained throughout the course of construction
or site work.
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b) No construction, compaction, construction access, stockpiling of earth,
storage of equipment or building materials, or grading of any kind may occur within the critical
root zone areas of trees to be protected.
c) An area of new or compensatory water storage may not be located where
there are woodland preservation areas, high priority trees, or significant trees unless approved
by the city. Mitigation will be required for the loss of woodland preservation areas and high-
priority trees due to ponding. The compensatory storage area must be created in a manner that
prevents erosion into any nearby water resource.
10. Violations
a) Each protected tree that is removed in violation of ordinance
requirements is a separate violation of the city code.
b) A tree or shrub that was required by the city to be saved but was removed
must be replaced at a rate of 2:1 based on dsh for deciduous species and height for conifers.
The city may also impose a financial penalty equal to $500 for each inch of dsh or foot of height
removed, not to exceed $2,000 for each tree or shrub. This provision also applies to a
conservation easement area that is disturbed during or after development.
11. Exemptions. Linear projects, utility maintenance projects, and associated
activities undertaken by a government unit are exempt from the provisions of this ordinance.
Plans must be designed to protect as many trees as practicable and must be provided to natural
resources staff for review and comment.
Section 4. The city clerk is directed to correct any cross-references in the city code to section
300.28, subdivision 19 that are made necessary as a result of this ordinance.
Section 5. This ordinance is effective immediately after publication.
Adopted by the city council of the City of Minnetonka, Minnesota, on Oct. 18, 2021.
Brad Wiersum, Mayor
Attest:
Becky Koosman, City Clerk
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Action on this ordinance:
Date of introduction: Sept. 13, 2021
Date of adoption: Oct 18, 2021
Motion for adoption: Calvert
Seconded by: Schack
Voted in favor of: Coakley, Kirk, Schack, Carter, Calvert, Schaeppi, Wiersum
Voted against:
Abstained:
Absent:
Ordinance adopted.
Date of publication:
Oct. 28, 2021
I certify that the foregoing is a true and correct copy of an ordinance adopted by the city council
of the City of Minnetonka, Minnesota at a regular meeting held on Oct. 18, 2021.
Becky Koosman, City Clerk
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ATTACHMENT A
19. Tree Protection.
a) Purpose. The goal of this subdivision is to preserve as much as practical Minnetonka's
highly valued tree natural resources, ecosystems and viewsheds, while allowing reasonable
development to take place and not interfering with how existing homeowners use their
property. This subdivision provides incentives for property owners who wish to subdivide areas
that include woodlands and high priority trees to use planned unit development (PUD), which
allows the flexibility to both protect woodlands and property rights. Standards governing the
preservation, protection, and planting of trees are necessary to:
1) prevent tree loss by eliminating or reducing compaction, filling or excavation near
tree roots;
2) prevent or reduce soil erosion and sedimentation and stormwater runoff;
3) improve air quality and reduce noise pollution;
4) enhance energy conservation through natural insulation and shading;
5) control the urban heat island effect;
6) increase and maintain property values;
7) maintain buffers between similar land uses and establishing and maintaining
buffers between conflicting land uses; and
8) preserve as much as practical the diversity and extent of the trees and
woodlands that are an integral part of this city's identity, while allowing reasonable development
and allowing existing homeowners freedom to use their land.
b) Definitions. For the purposes of this subdivision, certain terms and words are defined as
follows:
1) "Basic Tree Removal Area" - consists of the following:
a. within the areas improved for reasonably-sized driveways, parking areas
and structures without frost footings and within ten feet around those improvements;
b. within the footprints of, and 20 feet around, buildings with frost footings;
c. within the footprints of, and 10 feet around, structures with post footings
such as decks or porches, if the structure is located at or outside of the area allowed by item
1)b; and
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d. in areas where trees are being removed for ecological restoration in
accordance with a city-approved restoration plan.
2) "Canopy" - The uppermost layer of a forest, formed by tree crowns.
3) "Critical root zone" - the minimum area around a tree that must remain
undisturbed. The critical root radius is calculated by measuring the tree's diameter at breast
height. For each inch of tree diameter, 1.5 feet of root zone radius must be protected. For
example, if a tree's dbh is 10 inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15).
4) "Diameter breast height (dbh)" - the diameter of a tree measured at 4.5 feet
above the base of the tree. Multi-stem trees are considered one individual tree and each stem
must be measured 4.5 feet above the base of the stem and added together to determine the
diameter of the multi-stem tree.
5) "Protected tree" - a tree that is in a woodland preservation area, or is a high
priority tree or significant tree.
6) "Redevelopment" -- reconstruction of the principal structure if it includes the
removal of the principal structure by more than 50% of the square footage of the building
footprint or an increase of the square footage of the building footprint by more than 50%.
7) "Sapling" - A young tree.
8) "Understory" - The trees, shrubs, and herbaceous plants that grow in the shade
of the forest canopy, including trees that could potentially grow to reach the canopy.
9) "Woodland preservation area" - a remnant woodland ecosystem that is at least
two acres in size regardless of property boundaries, is generally mapped in the city's Minnesota
Land Cover Classification System, and although it may be degraded it generally meets the
criteria for one of the following types of ecosystems as reasonably determined by the city:
a. "floodplain forest" - an area populated by deciduous tree species tolerant
of seasonal flooding and deposition of silty or sandy soils. The canopy cover is extremely
variable, and mature trees are typically greater than 70 feet tall. The dominant tree species in
the canopy are silver maple and eastern cottonwood. In floodplain areas with severe flooding,
the understory will be sparsely vegetated. Trees in the understory include saplings from the
canopy species, green ash, black willow, slippery elm, American elm, boxelder, and hackberry;
b. "lowland hardwood forest" - an area with a flat terrain populated by
deciduous tree species tolerant of periodic soil saturation from seasonally high water tables.
The soils are moderately well to poorly drained. The dominant tree species in the canopy are
American elm, black ash, basswood, bur oak, red oak, white oak, quaking aspen, paper birch,
and red maple. Trees in the understory include saplings from the canopy species, slippery elm,
green ash, butternut, sugar maple, quaking aspen, balsam poplar, and American hornbeam.
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The large shrub or small tree layer of the understory is typically dense and can include
ironwood, pagoda dogwood, prickly ash, American hazelnut, gray dogwood, and speckled alder;
c. "maple basswood forest" - an area with well drained soils and populated
by a variety of shade-tolerant, fire sensitive, deciduous tree species. The mature trees are
straight with narrow crowns greater than 60 feet tall. The dominant tree species in the canopy
are basswood and sugar maple but mesic species such as slippery elm, red oak, bur oak, green
ash, white ash and black ash may be found as well. Trees in the understory include saplings
from the canopy species, bitternut, black cherry, and ironwood. The large shrub or small tree
layer of the understory is composed of primarily tree seedlings and herbaceous plants;
d. "mesic oak forest" - an area populated by tall, single stemmed deciduous
trees greater than 60 feet tall that lack spreading lower branches. Mesic oak forests may have a
moderately moist habitat, but can be dry depending on the slope and aspect of the forest. The
dominant tree species in the canopy include red oak, white oak, and bur oak. Trees in the
understory include saplings from the canopy, and fire-sensitive species such as basswood,
green ash, bitternut hickory, big-toothed aspen, butternut, northern pin oak, black cherry, paper
birch, American elm, boxelder and red maple. The large shrub or small tree layer in the
understory tends to be sparse with greater herbaceous plant diversity but can include ironwood,
chokecherry, prickly ash, American hazelnut, prickly gooseberry, red-berried elder, nannyberry,
juneberry/serviceberry, and pagoda dogwood;
e. "oak woodland brushland" - an area with a canopy more open than a
forest but less open than a savanna. It is characterized by open-grown trees and a distinct
shrub layer in well-drained sandy, gravelly soils. The dominant tree species include red oak,
northern pin oak, white oak, bur oak, and aspen. When it exists, the trees in the understory
include saplings from the canopy, black cherry and red cedar. The large shrub or small tree
layer can include American hazelnut, ironwood, juneberry and chokecherry;
f. "tamarack swamp" - an area that is a forested wetland community
dominated by patches of tamarack, a deciduous coniferous tree. The dominant tree species in
the canopy include tamarack, black spruce, paper birch, and red maple. The trees in the
understory include saplings from the canopy and the large shrub or small tree layer can include
speckled alder and red osier dogwood; or
g. "willow swamp" - an area that is a forested wetland community or an area
with seasonally flooded soils and scattered-to-dense shrub cover. The dominant tree species in
the canopy include black willow and speckled alder. The trees in the understory include saplings
from the canopy and the large shrub or small tree layer can include several species of willow
and dogwood.
10) "High priority tree" - a tree that is not in a woodland preservation area but is still
important to the site and the neighborhood character, that is structurally sound and healthy, and
that meets at least one of the following standards:
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a. a deciduous tree that is at least 15 inches dbh, except ash, box elders,
elm species, poplar species, willow, silver maple, black locust, amur maple, fruit tree species,
mulberry, and Norway maple.
b. a coniferous tree that is at least 20 feet in height, except a Colorado
spruce that is not in a buffer as described in subparagraph (b)(10)(c); or
c. a tree that is in a group of deciduous trees that are at least eight inches
dbh or coniferous trees that are at least 15 feet in height, that provide a buffer or screening
along an adjacent public street, and that are within 50 feet of an arterial road and 35 feet of a
minor collector, local, or private street and a trail. This distance will be measured from the edge
of the pavement or curb of the road, street or trail.
11) "Significant tree" - a tree that is structurally sound and healthy and that is either a
deciduous tree at least eight inches dbh or a coniferous tree at least 15 feet in height.
c) City authority. To preserve protected trees, the city may:
1) require and enforce a tree preservation plan as described in paragraph (d) below;
2) specify trees or groups of trees for preservation;
3) specify grading limits;
4) require the clustering of buildings or the relocation of roads, drives, buildings,
utilities or storm water facilities when this would preserve protected trees;
5) grant variances;
6) specify time periods in which tree cutting, trimming or injury may not occur in
order to prevent the spread of disease; and
7) require conservation easements or other legal means to ensure that woodland
preservation areas or groups of high priority trees or significant trees are not intentionally
destroyed after the development has been approved.
d) Tree Preservation Plan. A tree preservation plan is required as part of an application for
a preliminary plat, lot division, conditional use permit, variance, expansion permit, grading
permit, site and building plan review, wetland/floodplain alteration permit, or building permit. A
tree preservation plan is not required for a grading permit or building permit on an R-1 zoned
property containing a single-family home when tree mitigation is not required under (e)(1)
below. If a tree preservation plan is not required and if the property owner retains a contractor
to do the work, the contractor must submit a plan showing the proposed construction limits on
the property and must not remove any trees outside the specified construction limits. A tree
preservation plan must include:
1) a tree inventory that meets the following criteria:
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a. The species, sizes, and locations of high priority trees, significant trees,
and trees in woodland preservation areas must be shown, regardless of health. Dead or
structurally unsound trees should be noted as such in the inventory.
b. Canopy species that exist in woodland preservation areas, including
those that are in the understory, must be inventoried if they are four inches dbh or larger.
Understory trees, excluding canopy species, and large shrubs that exist in woodland
preservation areas must be inventoried if they are two inches dbh or larger.
c. The size of high priority trees and significant trees must be inventoried
regardless of location.
d. The size of coniferous trees must be recorded in dbh and approximate
height.
e. Invasive species such as buckthorn and honeysuckle should not be
inventoried.
2) A site plan that shows the dbh, location and size of the critical root zone for each
protected tree, the trees to be removed, the trees to be preserved, the proposed construction
limits, and the proposed tree protection methods in addition to construction limit fencing. If
grading or construction limits are outside of a woodland preservation area, the trees in that
woodland preservation area may be grouped together.
e) Tree Removal and Preservation. Removal of protected trees is prohibited except as
follows:
1) Existing Structures.
a. R-1 zoned properties containing a single-family home: On property that is zoned R-1
and that has an existing principal structure in use as a single-family dwelling, protected trees
may be removed without any mitigation if the principal structure has been in existence and not
externally expanded for at least two years after (1) a final building permit inspection or a
certificate of occupancy was issued and (2) all of its final landscaping or ground cover was
installed.
b. All other properties: On any property that has an existing principal structure but does not
meet the requirements of clause 19(e)(1)(a) above, protected trees may be removed subject to
the same standards applicable to R-1 property if no site improvements are undertaken and the
owner complies with the required tree preservation and landscape plan for the property. In the
event that a tree preservation or landscape plan is not on file with the city, any tree removed
without authorization from the city will considered to be part of the approved tree preservation or
landscape plan.
2) Existing Vacant Parcels of Land, Redevelopment, Site Improvements.
a. For the construction of a single-family home on a vacant R-1 lot or for
redevelopment of an existing R-1 lot by construction of a single-family home or additions to a
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single-family home, protected trees may be removed with no mitigation only within the "basic
tree removal area."
b. Except as provided in clause 19(e)(2)(a) above, an applicant may
construct a principal structure on a vacant lot, redevelop an existing lot, or make site
improvement to an existing lot and remove protected trees without mitigation only as follows:
1. within the basic tree removal area; and
2. within the width of required easements for public and private
streets and utilities, except that only significant trees may be removed in areas of required
surface water ponding. The removal of woodland preservation area trees or high priority trees
for surface water ponding must be mitigated.
c. The removal of protected trees under this subsection 2 must also comply
with the general removal requirements under subsection 4 below.
3) Subdivisions.
a. Significant trees may be removed for any construction in a subdivision of
land without mitigation only:
1. within the basic tree removal area; and
2. within the width of required easements for public and private
streets and utilities, including areas required for surface water ponding.
b. If more than 35% of the site's high priority trees or more than 25% of a
woodland preservation area on the site are to be removed for any construction in a subdivision
of land, there can be no more than one lot per developable acre of land. High priority trees and
trees within a woodland preservation area may be removed for any construction in a subdivision
of land without mitigation only:
1. for the basic tree removal area; and
2. for the width of required easements for public and private streets
and utilities, except in areas of required surface water ponding. The removal of high priority
trees or trees in woodland preservation areas for surface water ponding must be mitigated.
c. A subdivision of land that proposes to remove more than 35% of the site's
high priority trees or more than 25% of a woodland preservation area on the site can be
developed up to the full density normally allowed under other development regulations in the
applicable zoning district if the property is developed under an approved planned unit
development (PUD). There is no minimum size required for a PUD in this situation. In reviewing
a PUD application, the city will consider the extent to which steps are taken to preserve
protected trees, such as:
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1. using creative design, which may include the clustering of homes,
reducing lot sizes, reducing or expanding normal setbacks, custom grading, retaining walls,
buffers, and establishing the size and location of building pads, roads, utilities and driveways;
2. preserving the continuity of woodland preservation areas by
developing at the edges of those areas rather than at the core;
3. exercising good faith stewardship of the land and the trees both
before subdivision and after, including the use of conservation easements when appropriate;
and
4. minimizing the impact to the character of the existing landscape
and neighborhood.
5. The removal of protected trees under this subsection 3 must also
comply with the general removal requirements under subsection 4 below.
4) General removal requirements. The removal of protected trees under
subsections (2) and (3) must also comply with the following general requirements:
a. Principal structures and associated facilities must be located to maximize
tree preservation. The city may specify the location of the principal structures and associated
facilities in order to ensure a reasonable amount of tree preservation.
b. Any tree removed outside of the specified allowable tree removal areas
must be mitigated as specified below.
c. The applicant must comply with any approved tree preservation or
landscape plan.
d. Trees required to be saved as part of a subdivision approval must remain
on a lot for two years after the final building permit inspection or certificate of occupancy is
issued for the principal structure, whichever is later. Any tree that dies solely of natural causes
such as disease or wind is exempt from this section.
e. Each protected tree that is removed in violation of ordinance
requirements is a separate violation of the city code.
5) Greater Public Good. The city council may allow the removal of protected trees
contrary to the provisions in subparagraphs (1) - (4) if it determines that there is a greater public
good such as:
a. providing reasonable use or access to the property;
b. providing affordable housing;
c. allowing for the creation or rehabilitation of a public road or trail;
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d. providing for a public utility service, such as a transmission line, ponding
or a water tower;
e. allowing for the creation or rehabilitation of a public park; or
f. enabling redevelopment in a designated redevelopment area.
f) Tree Mitigation.
1) When tree mitigation is required, the applicant must submit a tree mitigation plan
for staff review and approval. The plan must indicate the number of inches or feet of mitigation
trees, the species and quantity of each species, and the caliper size or feet and location for
each replacement tree. The plan may not be comprised of more than 25 percent of the same
species or size unless approved by the city. The plan must comply with the mitigation standards
required below. The applicant must implement the tree mitigation plan approved by city staff.
2) Specific mitigation standards. Mitigation for tree removal of trees in woodland
preservation areas, high priority trees, and significant trees must meet the following specific
standards;
a. Mitigation rate.
1. A tree or large shrub that is in a woodland preservation area or is
a high priority tree must be replaced at the rate of one inch for each inch in diameter of a
deciduous tree that was removed and at the rate of one foot for each foot in height of a
coniferous tree that was removed; and
2. A significant tree must be replaced with one two-inch tree.
b. Mitigation species.
1. Trees and large shrubs in woodland preservation areas must be
replaced with species found in that eco-type as specified on the list of acceptable replacement
species on file with the city;
2. High priority trees must be replaced with species of a similar type
that are normally found growing in similar conditions and that are included on the list of
acceptable replacement species on file with the city;
3. Significant trees may be replaced with any tree species other than
ash, box elder, silver maple, willow, Norway maple, amur maple and Colorado spruce, as
approved by city staff; and
c. Mitigation size.
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1. Replacement sizes for woodland preservation areas and high
priority trees are:
a) not less than one and one quarter inches but not more
than three inches dbh for deciduous balled and burlapped trees, and not less than three inches
but not more than six inches dbh for spade-moved deciduous trees;
b) not less than 7 gallon stock for understory or small trees
and not less than 3 gallon stock for shrubbery; and
c) not less than six feet but not more than eight feet in height
for balled and burlapped coniferous trees, and not less than eight feet but not more than 14 feet
in height for spade-moved coniferous trees.
2. The city may allow larger balled and burlapped or spade moved
trees if these trees are accompanied with a three year guarantee. Other size substitutions,
based on site characteristics, may be allowed at the reasonable discretion of the city,
3. Replacement size for a significant tree is not less than a two-
inches dbh.
3) General mitigation standards:
a. All replacement trees and shrubs must meet the American Standard for
Nursery Stock and the American National Standard relating to planting guidelines, quality of
stock and appropriate sizing of the root ball for balled and burlapped, potted and spade-moved
tree.
b. If the city determines in its reasonable discretion that there is no
appropriate location for some or all of the required replacement trees, those trees may not be
required.
c. Replacement trees must be planted on the same property or development
area from which the trees were removed.
d. A tree will be considered removed if girdled, if 30 percent or more of the
trunk circumference is injured, if 30% or more of the crown is trimmed, if an oak is trimmed
between April 1st and July 15th, or if the following percentage of the critical root zone is
compacted, cut, filled or paved: 30 percent of the critical root zone for all species, except 40
percent for ash, elm, poplar species, silver maple and boxelder.
e. Development that is subject to landscape requirements in sections 300.27
and 300.31 must meet the minimum landscape requirements of the applicable section. Trees
planted as part of a required landscaping plan may be counted as replacement trees under this
section, at the city's discretion.
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The stricken language is deleted; the single-underlined language is inserted.
f. The required mitigation trees must be replaced by the current property
owner if the trees have died, have severely declined or have been damaged after the end of the
second full growing season following installation. A tree will be considered to be severely
declined if more than 25 percent of the crown has died.
g. The city may require an escrow deposit to ensure the required planting
and continued existence of the mitigation trees. The city will release the escrow deposit after the
end of the second full growing season following installation of the mitigation trees and any
replacement trees.
h. A tree or shrub that was required by the city to be saved but was removed
must be replaced at a rate of 2:1 based on dbh for deciduous species and height for conifers.
The city may also impose a financial penalty equal to $500.00 for each inch of dbh or foot of
height removed, not to exceed $5000 for each tree or shrub. This provision also applies to a
conservation easement area that is disturbed during or after development.
g) General tree protection standards.
1) Before construction, grading or land clearing begins, the city-approved tree
protection fencing or other method must be installed and maintained at the critical root zones of
the trees to be protected. The location of the fencing must be in conformance with the approved
tree preservation plan. This fencing must be inspected by city staff before site work begins.
2) No construction, compaction, construction access, stock piling of earth, storage
of equipment or building materials, or grading of any kind may occur within the critical root zone
areas of trees to be protected.
3) A healthy protected tree that was not a hazard to personal safety or property
damage and that was removed or otherwise destroyed by unnatural causes within three years
before a development application will be regarded as if it were present at the time of
construction or a development application. Except that on properties zoned R-1 with an existing
principal structure in use as a single-family dwelling an owner may remove up to 5% of the
healthy protected trees within five years before construction or a development application. In no
case may healthy protected trees be removed from properties required to have a tree
preservation or landscape plan unless first approved by the city.
4) An area of new or compensatory water storage may not be located where there
are woodland preservation areas, high priority trees or significant trees, unless approved by the
city. Mitigation will be required for the loss of woodland preservation areas and high priority
trees due to ponding. The compensatory storage area must be created in a manner that
prevents erosion into any nearby water resource.
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CITY OF WAYZATA
HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 838 AN ORDINANCE AMENDING CHAPTER 936 (TREE PRESERVATION) OF WAYZATA CITY CODE WHEREAS, the City Forester has made recommendations on certain revisions to the City’s Preservation Ordinance to make such ordinance more objective and enforceable, and better able to
achieve the purpose and intent of the Ordinance as set forth in Section 936.01; WHEREAS, staff prepared a draft amendment to Ch. 936 (Tree Preservation) that was reviewed by the Planning Commission at a public hearing on the amendment on May 6, 2024; WHEREAS, the Planning Commission adopted a Report and Recommendation of Approval, dated May 6, 2024, on the draft amendment (the “PC Report and Recommendation”); and WHEREAS, City Council concurs with and hereby adopts the findings and
recommendation of the PC Report and Recommendation.
NOW THEREFORE, THE CITY OF WAYZATA ORDAINS:
Section 1. Amendments to Chapter 936. Chapter 936 of the Wayzata City Code (Tree Preservation) is hereby amended and restated as follows (struck text deleted; underlined text added):
CHAPTER 936 – TREE PRESERVATION
936.01 Purpose and Intent.
The Wayzata City Council finds it is in the best interest of the City to protect, preserve, and enhance
the natural environment of the City, and to encourage a balanced approach to the development and
alteration of wooded areas. In the interest of achieving these objectives, the City has established the
comprehensive tree preservation regulations of this Chapter to promote the following:
A. Protection and preservation of the environment and natural beauty of the City;
B. Assurance of orderly development within wooded areas to minimize tree and habitat loss;
C. Evaluation of the impacts to trees and wooded areas resulting from development;
D. Establishment of minimal standards for tree preservation and the mitigation of environmental
impacts resulting from tree removal;
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E. Provision of incentives for creative land use and environmentally compatible site design which
preserves trees and minimizes tree removal and clear cutting during development; and
F. Enforcement of tree preservation standards to promote and protect the public health, safety
and welfare of the community.
936.02 Definitions.
For purposes of this section, the following definitions shall apply:
A. “City Forester” means that person appointed as City Forester in Section 710.02(b).
B. “Coniferous Tree” means a woody plant bearing seeds and cones oftentimes, but not always,
retaining foliage throughout the year.
C. “Construction Area” means any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the
natural character of the land occurs as a result of site preparation, grading, building
construction or any other construction activity.
D. “Critical Root Zone” means the area around a tree measured from the trunk of the tree with a
radius that is equal to 1.5 feet for each one inch of DBH of the tree. For example, if a tree's DBH
is ten inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15).
E. “Deciduous Tree” means a woody plant which has a defined crown, and which loses leaves
annually.
F. “Diameter of Tree at Breast Height” or “DBH” means the diameter of a tree as measured four
and one-half feet (54 inches) above the ground. Trees that branch near or below four and one-
half feet from the ground will be measured at the narrowest point below four and one-half
feet. Trunks that originate from the ground shall be considered separate trees. The diameter of
multi-stemmed trees shall be calculated via the square root method (the square root of the
sum of each trunk diameter squared.
G. “Hazard Tree” means a tree that receives an overall risk rating of “high” or “extreme” from an
arborist who has obtained a Tree Risk Assessment Qualification (TRAQ) from the International
Society of Arboriculture. A tree’s risk rating may be verified by the City Forester and/or the
City’s consulting arborist. A tree’s risk rating, or any other type of tree risk assessment, cannot
and does not guarantee the structural integrity of any tree, nor does it create any liability for
the City related to total or partial tree failure.
HG. “Healthy Tree” means a tree that is in the average or better condition and vitality for the area,
as determined by the City Forester.
IH. “Heritage Tree” means a Healthy Rapid-Growth Tree that is 30 inches or greater in DBH, a
Healthy Standard-Growth Tree that is 25 inches or greater in DBH, or a Healthy Coniferous
Tree, or a Healthy American Elm Tree that is 25 inches or greater in DBH.
I. “Landscape Architect” means a person licensed by the State of Minnesota as a landscape
architect.
J. “Nursery Stock Dealer” or “Nursery Stock Grower” means a person licensed by the State of
Minnesota as a nursery stock dealer or a nursery stock grower.
JK. “Public Infrastructure” means the construction or maintenance of:
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1. Collector or arterial roads as defined by the City Transportation Plan;
2. Public recreational trails;
3. Stormwater infrastructure;
4. Installation or maintenance of trunk utility infrastructure as described in the
Comprehensive Sewer or Water Plans; or
5. Any essential service or public improvement.
KL. “Rapid-Growth Tree Species” means a species of tree recognized as rapid-growth trees by the
City Forester, including cottonwood, poplar/aspen, box elder, willow, silver maple, elm,
mulberry, and ash.
LM. “Removal” or “Tree Removal” means:
1. Manual, mechanical, chemical, or abiotic or biotic (fire, water, insects or inoculation)
methods which results in the physical removal of a tree;
2. Grading impact, compaction, or other damage up to 40 percent of a tree's Critical Root
Zone;
3. Excessive pruning that severely impacts the long-term survivability of the tree; or
4. Any other impact to a tree that comprises the long-term health or structural stability of a
tree.
MN. “Significant Tree” means a Healthy Standard-Growth Tree that is six inches or greater in DBH, a
Healthy Rapid-Growth Tree that is 12 inches or greater in DBH, or a Healthy Coniferous Tree
that is 12 feet or greater in height or 12 inches or greater in DBH.
NO. “Site Plan” means the site plan established and described in this Chapter.
OP. “Standard-Growth Tree Species” means a species of tree recognized as standard-growth trees
by the City Forester.
PQ. “Structural Root Zone” means the area around a tree with a radius that is equal to three inches
for each one inch of DBH of the tree.
QR. “Tree Inch(es)” means the DBH of a tree or trees on a site.
R. “Tree Mitigation Agreement” means an agreement, in content and form acceptable to the City
Attorney, that is executed by the party responsible for submitting tree-related financial
securities and/or fees-in-lieu of planting under this Chapter, specifying property information,
payment details, and the relevant sections of this Chapter.
S. “Tree Preservation Plan” means the tree preservation plan established and described in this
Chapter.
T. “Tree Preservation Zone” means the tree preservation zone established and described in this
Chapter.
U. “Tree Removal Permit” means a permit that is required under this Chapter for tree removal.
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936.03 Establishment of Tree Preservation Zone.
A Tree Preservation Zone is hereby established in order to aid in the stabilization of soil by the
prevention of erosion and sedimentation; reduce stormwater runoff and the costs associated
therewith and replenish ground water supplies; aid in the removal of carbon dioxide and generation
of oxygen in the atmosphere; provide a buffer and screen against noise pollution; provide shade and
the significant environmental benefit of counteracting the so-called "heat-island" effect; provide
protection against severe weather; aid in the control of drainage and restoration of denuded soil
subsequent to construction or grading; protect and increase property values; conserve and enhance
the City's physical and aesthetic environment; provide a haven for animals and flora to thrive; and
generally protect and enhance the quality of life and the general welfare of the City.
The Tree Preservation Zone shall be applied to and superimposed upon all property within the City of
Wayzata. The regulations and requirements imposed within the Tree Preservation Zone shall be in
addition to the zoning districts within the existing and amended text and map of the Wayzata Zoning
Ordinance, and the Floodplain, Shoreland, and Wetland regulations and requirements. In cases
where there is a conflict between regulations applicable within such zones, the more restrictive
requirements shall apply.
936.04 City Forester Role.
The City Forester shall have the authority to make interpretations and final determinations on
calculations, measurements, and the language of this Chapter.
936.05 Tree Removal Permit Requirement.
A Tree Removal Permit is required for the removal of any tree with a diameter at breast height (DBH)
of six inches or more. No permit fee shall be required for the removal of trees that are determined
by the City Forester to be dead, diseased, dying, or hazardous. Removal of any tree that requires a
Tree Removal Permit shall comply with all of the requirements of this Chapter along with the
requirements listed in the Permit itself.
Submittals for a Tree Removal Permit Application shall be as follows:
A. Completed Tree Removal Permit Application Form.
B. Tree Preservation Plan, if applicable, as specified in Section 936.07.
The process for review and approval of a Tree Removal Permit Application shall be as follows:
A. Submission of a completed Tree Removal Permit Application and other required submittals to
the City.
B. City staff review of the Application and determination if the Application is complete.
C. Submission of any required tree escrow payment to cover tree replacement, accompanied by a
Tree Mitigation Agreement.
D. Staff approval or denial of the Tree Removal Permit.
E. If the Permit is approved, removal of the trees covered by the Permit can commence by the
property owner or a licensed tree contractor under City Code Ch. 519.
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936.06 Tree Replacement Thresholds.
The tree replacement requirements of Section 936.09 shall apply as follows:
A. Subdivision, Public Infrastructure, Construction of Single-Family Home. The following tree
removal thresholds shall apply to all Subdivisions, Public Infrastructure projects, and
construction of single-family homes.
1. Heritage Trees. Heritage Trees are valued and special trees for the City of Wayzata due
to their size and age. All practical measures must be taken to preserve Heritage Trees.
Heritage Tree removal may occur only when there is not a practical alternative. There
shall be a zero percent removal threshold of Heritage Trees, meaning every DBH inch of
Heritage Tree removed requires full replacement in accordance with the standards of
Section 936.09, in addition to any other requirements hereunder.
2. Significant Trees. Although the City encourages preservation of the maximum amount
of trees possible, the City recognizes that a certain amount of Significant Trees removal
is sometimes necessary during development. Accordingly, 25 percent of the existing
DBH inches of Significant Trees can be removed pursuant to a Tree Preservation Plan
without obligation of replacement. Any tree removal beyond 25 percent will require
replacement in accordance with the standards of Section 936.09.
3. Public Infrastructure. The City Council may waive the tree replacement requirements
of this Section for Public Infrastructure projects if the City Council makes a finding that
the tree replacement requirement would create an undue financial or other burden on
the project, and the public benefits of the Public Infrastructure project outweigh the
benefits of the required tree replacement. All Public Infrastructure projects shall
otherwise adhere to the standards of this Chapter, except for Section 936.11.
B. Land Disturbance Permits, Design Review, and Expansions to Single-Family Homes. The
following tree removal thresholds apply to projects that require a Land Disturbance Permit
under City Code Section 409.05, projects that require Design Review under City Code Section
909.04.B, and expansions or additions to an existing single-family home:
1. Heritage Trees. Heritage Trees are valued and special trees for the City of Wayzata due
to their size and age. All practical measures must be taken to preserve Heritage Trees.
Heritage Tree removal may occur only when there is not a practical alternative. There
shall be a zero percent removal threshold of Heritage Trees, meaning every DBH inch
of Heritage Tree removed requires full replacement in accordance with the standards
of Section 936.09 in addition to any other requirements hereunder.
2. Significant Trees. The City recognizes that additional tree removal may occur after the
construction of new houses or commercial developments, or the expansion of existing
homes or commercial developments, but to a lesser degree than the original
development. Therefore, ten percent of the existing DBH inches of trees can be
removed without obligation of replacement. Any removal beyond ten percent will
require replacement in accordance with the standards of Section 936.9.
C. Heritage Tree Removal. Heritage trees removed in connection with a project not listed in
Sections 936.06.A and 936.06.B shall be replaced at a ratio of one inch to one inch DBH
removed in accordance with the standards of Section 936.09.
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D. Trees Exempt From Replacement Requirements. The following types of trees shall not be
included as part of the tally of tree removals for purposes of calculating replacement in
accordance with the standards within Section 936.09:
1. Dead, Diseased, Dying, or Hazard Trees as determined by the City Forester prior to
removal; or
2. Trees that are transplanted from the site to another appropriate location within the
City as approved by the City Forester; or
3. Trees that were planted as part of a commercial business such as a tree farm or
nursery; or
4. Trees that are structurally unstable and pose a risk to people or permanent structures,
as deemed by a certified arborist with a Tree Risk Assessment Qualification and the
City Forester.
5. Significant trees that are not part of any project not listed in 936.06.A or 936.06.B.
6. Tree species listed as invasive in the City of Wayzata’s Tree Management Plan.
E. Trees Included for Structural Root Zone Disturbance. Any tree with a Structural Root Zone
that will be disturbed in any way in connection with a project listed in Sections 936.06.A and
936.06.B must be (i) inventoried and removed prior to grading or excavation, and (ii)
included as part of the tally of tree removals for purposes of calculating replacement in
accordance with the standards within Section 936.09.
936.07 Tree Preservation Plan.
When a Tree Preservation Plan is required with a Tree Removal Permit, an applicant is responsible
for implementing the approved Tree Preservation Plan prior to and during site grading and plan
development. A Tree Preservation Plan is required for any land use approval or activity mentioned
in Section 936.06. The Tree Preservation Plan will be reviewed by the City Forester and any other
relevant City staff to assess the best overall tree design for the project involved, taking into
account the preservation, renewal and health of Significant and Heritage Trees, and ways to
enhance the efforts to mitigate damage to the trees on the property and the natural
environment. The applicant is encouraged to meet with City staff prior to submission of a
Subdivision application, Public Infrastructure project, or Design Review application to determine
the placement of buildings, parking, driveways, streets, storage and other physical features which
result in the fewest Significant and Heritage Trees being destroyed or damaged. The Tree
Preservation Plan must include the following items:
A. The name(s) and address(es) of property owners and applicants.
B. Delineation of the buildings, structures, impervious surfaces, utilities, and other site
improvements situated thereon or contemplated to be constructed thereon.
C. Delineation of all areas to be graded and limits of land disturbance, including the contouring
of all areas to be graded.
D. Size, species, location and condition of all Significant and Heritage Trees located on the
property as well as on adjacent properties where the Critical Root Zones of the trees are
within the proposed Construction Area. The size of Deciduous Trees must be recorded in
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DBH and the size of Coniferous Trees must be recorded both in DBH and approximate
height.
E. Identification of all Dead, Diseased, Dying and Hazard Trees.
F. The Critical Root Zone of all Significant and Heritage Trees proposed to be preserved.
G. Identification of all Significant and Heritage Trees proposed to be removed within the
Construction Area.
H. Identification of all Significant and Heritage Trees on all individual lots. The Developer must
submit a list of all lot and block numbers identifying those lots.
I. Measures to protect Heritage and Significant Trees as outlined in Section 936.08.
J. Size, species, and location of all replacement trees to be planted on the property in
accordance with the tree replacement requirements.
K. Description or diagram of planting specifications to be observed during replacement tree
installation. Specifications shall, at a minimum, address planting depth, mulching, and long-
term girdling (e.g. root ball packaging, encircling roots). An approved example of this
document can be found in the City of Wayzata’s Tree Management Plan.
K. Calculations of the total amount of tree inches proposed to be removed, the allowed
removal percentage, and tree replacement inches required and proposed.
L. Signature of the person preparing the plan and statement which includes acknowledgment
of the fact the trees to be used as replacements are appropriate species with respect to
survival of the replacement trees.
936.08 Tree Protection.
The following tree protection measures are required:
A. Mandatory Protection. Measures to protect Significant and Heritage Trees must include:
1. Installation of chain-link fence, snow fencing, silt fence, or polyethylene laminate
safety netting placed at the Critical Root Zone and any other areas identified by the
City Forester for the protection of Significant and Heritage Trees to be preserved on or
adjacent to the property for which a Tree Removal Permit has been issued Tree
Preservation Plan is being submitted.
2. Any tree protection fencing placed within a Significant or Heritage Tree’s Critical Root
Zone shall not be installed below grade (i.e., machine-sliced or trenched).
23. Trees proposed to be removed must be clearly tagged or otherwise marked on the
site, in a non-permanent manner, as specified by the City Forester. Trees must be
tagged or marked at least one week before they are removed.
34. Identification of any oak trees requiring pruning between April 1 and July 15; any oak
trees so pruned are required to have any cut areas sealed with an appropriate, non-
petroleum based tree wound sealant, such as shellac.
B. Discretionary Protection. Measures to preserve or protect Significant and Heritage Trees
which may be required by the City include, but are not limited to:
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1. Installation of retaining walls or tree wells to preserve trees by eliminating the filling or
cutting of soil within Critical Root Zones of Significant and Heritage Trees on or
adjacent to the lot being developed.
2. Placement of utilities in common trenches outside of the Critical Root Zone of
Significant and Heritage Trees, or use of tunneled installation.
3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage
of toxic materials, such as fuels or paints.
4. Use of tree root aeration, fertilization, and irrigation systems when appropriate.
5. Transplanting of Significant Trees into a protected area for later moving into
permanent location within the Construction Area.
6. Safety pruning for people working within the construction limits and for the trees
involved.
7. Tree protection fencing of a particular height or material.
C. Construction Protection. Three years after construction has been completed on residential
properties, and five years after construction has been completed for commercial or
institutional properties, the City Forester shall inspect trees on a project site for which a
Tree Removal Permit has been issued to ensure the health of the trees. If the trees are
determined to be dead, dying, or in general poor health because of the construction on the
site, the same number of tree inches must be replaced on the site.
D. Discretionary Securities for Heritage Tree Preservation. In addition, tThe City Forester may
require additional escrow for Heritage Trees that are proposed to be saved on a property
undergoing construction and/or nearby property if, in the judgment of the City Forester,
such Heritage Trees are in close proximity to a construction area or are in danger from
construction in any way. The escrow requirement for such preservations may be determined
by the estimated cost of soil decompaction or other restorative prescription, as deemed
appropriate by the City Forester. The schedule of and requirements for the release of such
an escrow shall be specified in the Tree Mitigation Agreement.
936.09 Tree Replacement.
A. Tree Replacement Formula. Replacement of removed or disturbed trees in excess of the
percentage allowed under Section 936.06 shall be according to the following ratios.
1. All Significant Trees shall be replaced at the ratio of one caliper inch per one inch of DBH
removed.
2. All Heritage Trees removed in connection with a project listed in Sections 936.06.A and
936.06.B shall be replaced at the ratio of two caliper inches per one inch of DBH removed.
Heritage trees removed in connection with a project not listed in Sections 936.06.A and
936.06.B shall be replaced at a ratio of one inch to one inch DBH removed.
3. The height of Coniferous Trees shall count towards the caliper inches of tree replacement
or tree removal as follows:
a. A four to six-foot tall coniferous tree shall be equivalent to two caliper inches of tree
replacement. For every two-foot range in additional coniferous tree height, above six
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feet, one additional caliper inch shall be counted towards tree replacement (e.g., a
15-foot coniferous tree = seven caliper inches of replacement).
B. Size, Types and Diversification of Replacement Trees. A Tree Replacement plan must
include a diversity of tree species that are suitable for the property given soil conditions,
hydrology, topography, and tree pathogens. No more than 20 percent of the replacement
trees planted may be of the same genus unless otherwise approved by the City Forester. If
more than 20 percent of the same genus of trees are planted on the site, the tree inches of
the same genus over 20 percent shall not be included in the total tree inch replacement
calculations. The recommended tree replacement species shall be those found on the
Hennepin County Recommended Tree List.
C. Prohibited Tree Replacement Species. The tree replacement plan may not include any tree
species included in the Minnesota Department of Natural Resources Terrestrial Invasive
Plants List.
D. Tree Replacement Location. Replacement trees must be located only on the property for
which a Tree Replacement Permit has been issued unless the City Council approves tree
replacement on neighboring properties with the consent of such property owner and
findings that (i) all the options for planting trees on the project site have been exhausted and
tree replacement on the site is impractical; and (ii) it will allow additional screening from the
neighboring property.
E. Tree Replacement Reduction for Preserving Heritage Trees. Heritage trees that are
protected and saved during a construction process, that otherwise had a significant
probability of removal or loss based on the construction project, and that are healthy after
the construction process, all as determined by the City Forester, may be used to reduce the
total number of required tree replacement inches for the project associated with the
construction. Such reduction will equate to the total DBH inches of the saved tree.
F. Other Replacement Tree Requirements. Choice of replacement trees species and location of
the trees should also take into account the following information:
1. Soil Composition. Comparisons should be made between soil conditions and the
ecology of the proposed species to make sure they are compatible. This is particularly
important for the existing and proposed soil composition for the root balls of spaded
and B&B trees.
2. Spatial Requirements. The potential height and crown spread of the proposed
replacement trees should be known. Generally, half of the adult tree crown diameter is
the amount of distance a tree should be planted from any aboveground objects.
3. Pathogen Problems. Appropriate replacement choices shall also consider insect and
disease problems that may be common with particular species in the part of the state
in which the City of Wayzata is located.
FG. Fee-In-Lieu of Tree Replacement or Replacement Trees Planted in Public Areas. The City
recognizes that there may be instances where the total amount of tree replacement
required under this section cannot occur on site. In those instances, the City may, at its
option, accept a fee-in-lieu of tree replacement or allow the planting of replacement trees in
public areas. Tree replacement is encouraged to happen on site as much as possible and fee
in lieu-of-tree replacement should be used only when replacement on site is not feasible.
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The amount of fee-in-lieu of tree replacement will be determined annually by the City
Council through the City fee schedule.
936.10 Past Tree Removal.
Any trees removed on a property in the two years preceding the date of an application for a
building permit, land disturbance permit, Tree Removal Permit or other approval request in
connection with a project listed in Sections 936.06.A and 936.06.B for such property shall be
included in the tree removal/replacement calculations of the current application.
936.11 Financial Guarantee.
A. Financial Guarantee. The City may, at its option, withhold a certificate of occupancy or
require cash escrow or a letter of credit satisfactory to the City in the amount of 110 percent
of the value of the tree removal and/or replacement, securing the full performance of Tree
Preservation Plan and the tree replacement plan. The amount of such security shall be
calculated by the fee-in-lieu of tree replacement schedules. The financial security shall be
sufficient to cover the costs of the tree removal and/or replacement trees planted, including
any needed replacement of the trees over a three-year period. The submission of any
payment described in this section shall be accompanied by a Tree Mitigation Agreement.
B. Use of Financial Guarantee. If the property owner does not implement the approved Tree
Preservation Plan or Site Plan, including the tree replacement plan, in accordance with the
City Council or City Forester approval, the City may use the financial guarantee to correct or
complete the work beginning 24 months after project completion. If the work’s correction or
completion is not feasible at that time, the City may retain the financial security as a fee-in-
lieu of planting.
C. Release of Financial Guarantee. At least once annually, the City Forester shall review the
financial securities, inspect the applicable trees, and release the financial securities as
necessary. The financial security shall be released based on the following schedule, unless
otherwise noted in the Tree Mitigation Agreement:
1. Upon installation of a healthy tree: 50 percent of the financial guarantee for that tree
shall be released.
2. First year inspection determining the installed tree is still healthy: 15 percent of the
financial guarantee for that tree shall be released.
3. Second year inspection determining the installed tree is still healthy: 15 percent of the
financial guarantee for that tree shall be released.
4. Third year inspection determining the installed tree is still healthy: 20 percent of the
financial guarantee for that tree shall be released.
D. Transfer of Ownership. Tree-related financial securities shall only be released to the party
originally responsible for payment.
936.12 Penalties.
A. Intentional or Deliberate Damage. It shall be unlawful for any person(s) to intentionally
damage, destroy or adversely alter any living tree, deciduous or coniferous, on private land
within the limits of the City of Wayzata in violation of this Chapter. Minn. Stats. § 561.04
strictly prohibits intentional damage to trees on public property in any form and provides
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that whoever willfully and without lawful authority injures any tree, timber or shrub on City
property is liable for treble the amount of damages which may be assessed therefore. The
City Forester and other City Staff should not make any claims related to the structural
integrity of any tree, and any assessments made related to a tree may not be relied upon by
the property owner.
B. Violation. Unless expressly provided otherwise, it shall be a misdemeanor for any person to
violate any provision of the City Code including this Section, any rule or regulation adopted
in pursuance of any such provision, or any order lawfully enforcing the City Code or this
Section. The term "misdemeanor" shall be as defined in Minn. Stats. § 609.02, Subd. 3.
It shall also be a misdemeanor for any person to attempt to commit a misdemeanor or to
cause, aid, assist, counsel or advise another to commit misdemeanor. Any person who
commits a misdemeanor, upon conviction, shall be subject to the penalties therefore
established by State Statute. Unless expressly provided otherwise, each act in violation of
the City Code, including this Chapter, shall constitute a separate offense, and each and every
day that such a violation occurs or continues shall constitute a separate offense.
C. Enforcement. Violations of the provisions of this Chapter will be investigated and resolved in
accordance with the provisions of Chapter 908. In responding to a suspected violation, the
Zoning Administrator and City may utilize the full array of enforcement actions available to it
including, but not limited to, prosecution and fines.
Section 2. Effective Date. This Ordinance will become effective upon passage and publication.
Adopted by the City Council this ___ day of _______________, 2024.
______________________________ Johanna Mouton Mayor
ATTEST: ______________________________
Jeffrey Dahl
City Manager
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CITY OF WAYZATA PC Report and Recommendation Page 16
First Reading: Second Reading: Publication:
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