Title
Amending Title IV of the Saint Paul Administrative Code to add Chapter 92, titled Tree Preservation for City Sponsored Construction Projects.
Body
SECTION 1
WHEREAS, trees provide essential public benefits including improved air quality, carbon storage, urban heat reduction, stormwater management, erosion control, wildlife habitat, contributions to public health, and improve public safety and neighborhood livability; and
WHEREAS, Saint Paul’s tree canopy has been significantly degraded by the spread of Emerald Ash Borer, with resulting long-term impacts on environmental quality and equitable access to these benefits; and
WHEREAS, urban heat islands disproportionately affect areas with lower tree canopy cover, resulting in higher temperatures, reduced air and water quality, increased energy burdens, and elevated public health risks; and
WHEREAS, these impacts are concentrated in neighborhoods with higher proportions of low-income households and historically underinvested communities; and
WHEREAS, advancing climate resilience requires intentional, equity-centered investment in tree canopy restoration, preservation, and maintenance in areas most affected by environmental harm and historic disinvestment; and
WHEREAS, the Tree Preservation Ordinance Public Input Group (TPO PIG) conducted an eighteen-month collaborative process involving residents, advocates, technical experts, and City staff across multiple departments to evaluate and refine tree preservation policy and implementation; and
WHEREAS, this process resulted in a consolidated ordinance and Standard Operating Procedures framework intended to be clear, enforceable, and operationally implementable while advancing environmental stewardship, accessibility, and infrastructure compatibility; and
WHEREAS, the recommendations developed through this process prioritize strengthened tree preservation policy, improved public engagement and accountability, and consistent, transparent implementation across City systems; and
WHEREAS, the TPO PIG emphasized that equity and environmental justice require reducing structural barriers to tree protection so that preservation outcomes do not depend on individual capacity, technical knowledge, or access to informal decision-making processes, but instead reflect consistent public standards; and
WHEREAS, the group further recommended that tree protections be applied consistently and systematically across all projects and geographies to ensure equitable outcomes not shaped by differential resources, procedural complexity, or variability in implementation; and
WHEREAS, the group emphasized a “hold harmless” approach in which existing high-canopy neighborhoods are maintained and protected while historically under-canopied and heat-vulnerable neighborhoods receive prioritized investment; and
WHEREAS, these findings support adoption of a Tree Preservation Ordinance and accompanying Standard Operating Procedures that embed equity, consistency, accountability, and environmental justice in the preservation and expansion of Saint Paul’s urban forest; and now, therefore, be it
RESOLVED, That the City of St. Paul does hereby ordain:
SECTION 2
Title IV - POLICIES AND PROCEDURES of the Saint Paul Administrative Code is hereby amended to add Chapter 92, titled Tree Preservation for City Sponsored Construction Projects as follows:
Sec. 92.1. Statement of Legislative Intent.
The purpose of this chapter is to:
(a) Recognize that trees are a vital part of the City’s infrastructure.
(b) Enhance, protect, and restore trees and the tree canopy on City property whenever City-sponsored construction and development activities take place.
(c) Implement the goals and policies of the Saint Paul 2040 Comprehensive Plan and the Climate Action & Resilience Plan as they pertain to the City’s urban tree canopy.
(d) Recognize that conflicts between trees and grey infrastructure are inherent in urban settings where space is limited and develop management practices that best preserve trees while ensuring the City can maintain safe sidewalks that meet ADA requirements.
Sec. 92.2. Definitions.
For the purposes of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section.
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300 Standards"). The most recent ANSI A-300 Standards manual containing generally acceptable standards for the care and maintenance of trees, shrubs, and other woody plants. The ANSI A-300 Standards manual sets the minimum standards for the care and maintenance of City trees, shrubs, and other woody plants and is herein adopted by reference as the City’s minimum standards for tree care practices.
Certified arborist. An individual engaged in the profession of arboriculture who, through experience, education, and related training, possesses the competence to provide for, or supervise the management of, trees and other woody plants and who holds a valid and current certification (such as the International Society of Arboriculture, ISA) confirming they meet certain standards of knowledge, skills, and ongoing education.
City-sponsored construction project. A public-improvement project where the City performs any work and contributes any funding on City right-of-way. This definition excludes projects led by other jurisdictions on roadways that are not under the jurisdiction of the City.
Critical root zone. Area of soil around a tree where the minimum amount of roots considered critical to the structural stability or health of the tree are located. The determination of the Critical Root Zone will be based on the trunk diameter method as defined in this chapter.
Diameter at breast Height. A standard measurement in inches used for a tree taken 4.5 feet above the ground.
Forestry tree work permit. A permit issued by the Forestry Unit constituting certification that any tree activity authorized by the permit has been reviewed for compliance with the requirements of this chapter and that the work so authorized must be performed as required under the permit.
Forestry Unit. The division within the Department of Parks and Recreation responsible for the management of trees, tree planting, tree pruning, tree removal, stump removal, tree disease and pest management in parks, parkways, and public rights of way.
Limits of construction/disturbance. Specific outer limits of all construction activities for the entire project.
Private development projects. Development or redevelopment projects undertaken by private parties whose project must undergo site plan review as specified in Section 61.402 of the Legislative Code.
Standard Operating Procedures (“SOP”s). The standard procedures that will be developed by the Departments of Public Works and Parks and Recreation for appropriate tree preservation during construction.
Tree preservation plan. A written plan detailing the location, botanical name, and Diameter Breast Height of all existing trees within the right-of-way; the intent to preserve, relocate, or replace each tree; and measures to be taken to protect new and mature trees during construction, and to protect roots and soil during construction, following best management practices and ANSI A-300 Standards.
Tree protection zone. A defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development. For the purposes of this chapter, the TTree Protection Zone shall be the Critical Root Zone unless such a Tree Protection Zone would prohibit intended construction activities. In that situation modified Tree Protection Zones may be specified by the Forestry Unit based on specific site restrictions.
Tree Table. A spreadsheet, plan, map, or diagram that indicates the preservation/protection, removal and/or removal/replacement, including the reason for removal, of all public trees within the limits of construction or disturbance.
Trunk diameter method. A method used to locate the Tree Protection Zone as a radius in feet from the center of a tree’s trunk by multiplying the diameter at Diameter Breast Height, measured in four and a half (4.5) feet from the ground, by a factor of one and two-tenths (1.2).
Sec. 92.3. Applicability.
(a) The requirements of this chapter apply to all City-sponsored construction projects let after October 31, 2026.
(b) Exceptions. This chapter will not apply to City-sponsored construction projects where prohibited by state and federal funding requirements or where expressly exempted below:
(1) Projects located within City boundaries that are under the jurisdiction and authority of other agencies, including but not limited to the Minnesota Department of Transportation, Ramsey County, or the Metropolitan Council. City staff serving as liaisons to outside agencies will advocate for adherence to the provisions of this chapter.
(2) Emergency situations which threaten public safety or welfare.
(3) Management of trees within City infrastructure easements, flood mitigation projects, and water quality improvement facilities (including but not limited to stormwater ponds, infiltration systems, the Levee system, and other water quality facilities).
(c) Projects that (1) replace infrastructure on a property-by-property basis for health and safety purposes (for example, water service lines, sewer service lines, and sidewalk panels) or (2) private projects impacting the public right-of-way shall comply with the Tree Protection section of this chapter, including the Standard Operating Procedures developed pursuant to that section, but are not required to comply with the Tree Survey and Construction Plan sections of this chapter. (d) This City shall establish, through the Master Contract process, a list of qualified certified arborists to carry out the work specified in this chapter.
Sec. 92.4. Tree Surveys
(a) Two surveys shall be conducted prior to design of any project subject to this chapter:
(1) One survey shall be a land survey conducted by the Department of Public Works for the purpose of determining existing site conditions, including the location of all right-of-way and publicly owned trees within the limits of construction or those adjacent to the right-of-way that may be disturbed by construction.
(2) One survey shall be conducted by a certified arborist for the purpose of verifying the location and identifying the size, species, and condition of trees. The Forestry Unit will review, suggest any revisions, and approve the certified arborist’s final survey.
Sec. 92.5. Construction Plans
(a) Construction plans shall include:
(1) Design options that preserve mature trees or any other individual tree determined by the Forestry Unit to be of substantial value due to its species, size, age, form, and/or historical significance.
(2) A tree table and/or diagram specifying which trees are to be removed and replaced and the reason for removal. This table will be updated at the conclusion of the project. The table will be developed in consultation with a certified arborist. The Forestry Unit will make the final determination on whether a tree needs to be removed or not.
(3) If the Forestry Unit determines that a tree within the limits of construction is in poor or declining health and that the tree is unlikely to survive the construction process, removal of the tree is unlikely to survive the construction process, removal of the tree, its stump, and any debris associated with removal shall be included in the project construction process and undertaken as part of the City-sponsored construction project.
Sec. 92.5 Tree Preservation Plans
(a) To recognize the important value of trees and the conflicts that may arise when space for infrastructure is limited, all City-sponsored construction projects subject to this chapter must include within the construction plans a tree preservation plan as provided below.
(b) A Tree Preservation Plan shall be developed by the agency responsible for the project, in consultation with a certified arborist. Tree Preservation Plans must be approved by the Forestry Unit. Tree Preservation Plans shall be updated as changes are made during the design and construction process. Tree Preservation Plans shall include:
(1) The identity of the City department or departments responsible for the project.
(2) Delineation of existing buildings, structures, impervious surfaces, utilities, and other site improvements situated in the limits of construction/disturbance of the City-sponsored project.
(3) Delineation of all areas to be excavated, graded, and otherwise subject to land disturbance in the limits of construction/disturbance of the City-sponsored project.
(4) Location, species (botanical name), Diameter Breast Height, and Critical Root Zone of all tress located within the limits of construction/disturbance.
(5) The Tree Protection Zone for each tree intended for preservation must be noted on the Tree Preservation Plan.
(6) Tree protection measures as outlined in Sec. 92.6 of this chapter.
Sec. 92.6. Tree Protection During Construction
(a) The Department of Public Works and the Forestry Unit will develop Standard Operating Procedures for the appropriate use of tree protection during construction. The SOPs shall address construction fencing, tree protection signage, erosion control, watering, root cutting, mulching/protective mats, remediations in the event roots are disturbed or damaged, construction techniques such as air spading and trenchless technologies, staging and cleaning of construction equipment, storage of materials, areas where construction vehicles are not allowed, and the use of tree growth regulators in advance of construction.
(b) A certified arborist will be consulted on the procedures specified for each project and will monitor the project throughout construction for adherence.
(c) Contractors working in the right-of-way will receive pre-construction instructions regarding protocols and expectations to ensure adherence with this chapter and any SOPs developed pursuant to this chapter.
Sec. 92.7. Tree Damage During Construction
(a) Notification required. The Forestry Unit must be notified in writing:
(1) Immediately following any damage to a tree located on public property occurring during construction.
(2) Prior to severing any tree roots two inches (2”) diameter or larger.
(b) Restitution for trees damages during construction. Trees that are intended to be preserved but are damaged during construction and cannot be preserved are subject to the appropriate restitution requirement under Sec. 176.07 of the Legislative Code. Restitution for trees damaged during construction will be determined by the Manager of the Forestry Unit. Restitution will be computed according to the tree replacement cost formula authorized by the International Society of Arboriculture. The possessor of the Forestry Tree Work Permit shall pay computed restitution to the Department of Parks and Recreation.
(c) Removal of damaged trees; requirements. If the Forestry Unit determines that a tree is damaged during the construction process and requires removal, the removal of the tree must follow the Forestry Tree Work Permit process. The computed cost of removal shall be made to the Department of Parks and Recreation by the possessor of the Forestry Tree Work Permit.
Sec. 92.8. Tree Planting and Restoration.
When tree preservation is not feasible as determined by the Forestry Unit, tree planting and/or restoration will be required for all City-sponsored construction projects. Tree planting, unless otherwise approved by the Forestry Unit, will be managed and approved by the Department of Parks and Recreation via master contract with funding from the City-sponsored construction project. The Forestry Unit will determine the final species and location of trees to be planted. The goal of such plantings shall be to establish adequate mature canopy as opposed to the number of trees planted. Joined planting beds will be recommended whenever deemed practicable by the Forestry Unit.
The City-Sponsored Construction Project shall strive to maximize the planting area, aiming to preserve planting spaces that allow for a one-to-one ratio for replacing any trees lost. Where replacement of one-to-one is not possible, a nearby public area may be identified by the Forestry Unit where additional trees may be planted.
The Forestry Unit, in consultation with the Department of Public Works, shall developed SOPs for tree planting, which will strive to meet best practices as specified by the ANSI A-300 Standards.
SECTION 3
This ordinance shall take effect and be in force thirty (30) days following passage, approval, and publication.