Tree Preservation Code

Share Tree Preservation Code on Facebook Share Tree Preservation Code on Twitter Share Tree Preservation Code on Linkedin Email Tree Preservation Code link

During the January 17, 2023 City Council study session, a new long term project was introduced. It provides a method for updating development review tools. These tools include zoning rules, community-wide design guidelines, and area plans. These updates are intended to reflect changes in priorities. They identified modernizing zoning for environmental sustainability and landscapes for new development as one action item.

In August 2023, City Council approved the updated landscape code staff presented. This update to the landscape code prompted more research. We looked into what our neighboring municipalities have in place for environmental sustainability. Tree preservation was a topic that repeated. The approved 2024 OPSRT Plan further solidified the need for this ordinance.

Project Overview

Staff is bringing forth an ordinance which proposes to amend the Municipal Code. A new section to Title 17 related to tree preservation will be added. The change would apply to new residential, commercial, industrial, and Broomfield developments. No plans currently capture tree preservation. It's not required in site development. It's also not required in the development review process.

The new rules aim to:

  • Set rules to preserve significant and healthy trees and natural areas.

  • Define protective barrier materials and areas.

  • Clarify tree preservation terms and principles.

  • Outline requirements for mitigation and preservation plans.

During the May 21, 2024, City Council study session, staff presented an initial proposal to add a section about tree preservation to BMC Title 17. Council was supportive of this proposal.

Tree Preservation Code Proposed Requirements

This DOES: This DOES NOT:
  • Provide requirements related to tree preservation, mitigation, relocation and removal
  • Prohibit tree removal within the City and County of Broomfield
  • Protect significant, healthy and exceptional trees within Broomfield
  • Require replacement of dead, hazardous or invasive trees with new development or redevelopment
  • Apply to new construction (residential or non-residential) and remodels over 65% gross floor or parking lot increases over 10%
  • Require modifications of existing sites as constructed or previously approved
  • Apply to all properties within CCOB including city-owned and city-financed projects, Parks and Open Spaces and public land dedications
  • Require existing single-family detached residences and Accessory Dwelling Units to adhere to the requirements


Ordinance Details and Staff Analysis

The proposed code would use best forestry practices. It would establish guidelines for tree preservation. The proposed code also promotes responsible land development. This includes adding trees where possible. It also includes trying to keep the trees we have. These measures aim to achieve many benefits for the community, such as:

  • Canopy Preservation: Keeping the tree canopy throughout the community. Enhancing and preserving the air quality. Trees filter air pollutants and replenish the atmosphere with oxygen.

  • Noise Reduction: Trees act as natural barriers. They lower noise and make it a quieter environment.

  • Energy Efficiency: Trees in the right places on properties serve as windbreaks. Trees also provide shade. This helps to reduce energy use.

  • Soil Protection: Tree roots help prevent topsoil erosion. This reduces stormwater runoff. It also keeps the soil healthy.

  • Wildlife Habitat: Trees provide habitat and food for birds and other wildlife. This helps to preserve and enhance nesting areas. Trees also help control insects naturally.

  • Public Resource: Trees are a valuable public resource. They enrich the quality of life in a community. They add to its history and beauty. They also help keep the economy stable. They do this by attracting visitors. They also attract businesses.

Here are some key parts of the regulations. This section is a short summary. Please see the complete draft code for more specifics and details.

  • Condition Rating for Tree Preservation. The proposed code outlines requirements for rating tree health and structure. The rating is from 1 to 6. Condition 1 is for trees in great shape and typical of the species, while Condition 6 is for dead trees. It also defines significant and prohibited species.

  • Mitigation Requirements. Removed trees are to be replaced at a rate to equal the tree inches lost in removal. Replacement trees are to be no less than two inches (2”) or more than three inches (3”) in caliper. The replacement species must be of the same or higher quality than the species that was removed. If onsite tree replacement is not possible, replacement trees can be installed on a different approved site. Another option is placement on public lands.. A final option is providing cash-in-lieu to the Tree Planting account. Mitigated trees are an added element to standard landscape needs.

  • Protection of Existing Trees During the Construction Process. A 6’ tall chain link fence will be installed. It will enclose tree protection zones and will need to be done before construction starts. No stockpiling of soil, vehicle parking, or compaction activities are allowed within the tree protection zone. If trees are damaged during construction, they are to be fixed at once. Damage penalties will be calculated. If damaged beyond repair, mitigation requirements will be assessed.

  • Submittals. A Tree Protection Plan is to be submitted in conjunction with the landscape and irrigation plans. All trees four inches (4”) or larger on the site and within 50’ of the site boundaries are to be identified. Methods and materials for tree maintenance and protection must be outlined. A detailed schedule for implementation is also required. A construction schedule must be submitted. Also, a maintenance schedule and a watering schedule.

Changes Requested by Council at Study Session

At the May 21, 2024 Study Session, Council directed staff to make revisions to the following section. These revisions will be reflected in the updated draft ordinance to be uploaded prior to the June 24 Virtual Open House.

  • Revisions to the cash-in-lieu option
  • Revisions to wording with city-owned and city-financed properties

Public Engagement

You can engage with this project using the Questions and Comments tabs below. Additionally, you can email planning@broomfield.org. This page will be open to feedback and questions until the date of the City Council, 2nd reading Public Hearing. We will provide more about this hearing on this webpage before the meeting.

The project timeline on this page provides an overview of the next steps in the process as Broomfield considers the approval of this proposed ordinance.

During the January 17, 2023 City Council study session, a new long term project was introduced. It provides a method for updating development review tools. These tools include zoning rules, community-wide design guidelines, and area plans. These updates are intended to reflect changes in priorities. They identified modernizing zoning for environmental sustainability and landscapes for new development as one action item.

In August 2023, City Council approved the updated landscape code staff presented. This update to the landscape code prompted more research. We looked into what our neighboring municipalities have in place for environmental sustainability. Tree preservation was a topic that repeated. The approved 2024 OPSRT Plan further solidified the need for this ordinance.

Project Overview

Staff is bringing forth an ordinance which proposes to amend the Municipal Code. A new section to Title 17 related to tree preservation will be added. The change would apply to new residential, commercial, industrial, and Broomfield developments. No plans currently capture tree preservation. It's not required in site development. It's also not required in the development review process.

The new rules aim to:

  • Set rules to preserve significant and healthy trees and natural areas.

  • Define protective barrier materials and areas.

  • Clarify tree preservation terms and principles.

  • Outline requirements for mitigation and preservation plans.

During the May 21, 2024, City Council study session, staff presented an initial proposal to add a section about tree preservation to BMC Title 17. Council was supportive of this proposal.

Tree Preservation Code Proposed Requirements

This DOES: This DOES NOT:
  • Provide requirements related to tree preservation, mitigation, relocation and removal
  • Prohibit tree removal within the City and County of Broomfield
  • Protect significant, healthy and exceptional trees within Broomfield
  • Require replacement of dead, hazardous or invasive trees with new development or redevelopment
  • Apply to new construction (residential or non-residential) and remodels over 65% gross floor or parking lot increases over 10%
  • Require modifications of existing sites as constructed or previously approved
  • Apply to all properties within CCOB including city-owned and city-financed projects, Parks and Open Spaces and public land dedications
  • Require existing single-family detached residences and Accessory Dwelling Units to adhere to the requirements


Ordinance Details and Staff Analysis

The proposed code would use best forestry practices. It would establish guidelines for tree preservation. The proposed code also promotes responsible land development. This includes adding trees where possible. It also includes trying to keep the trees we have. These measures aim to achieve many benefits for the community, such as:

  • Canopy Preservation: Keeping the tree canopy throughout the community. Enhancing and preserving the air quality. Trees filter air pollutants and replenish the atmosphere with oxygen.

  • Noise Reduction: Trees act as natural barriers. They lower noise and make it a quieter environment.

  • Energy Efficiency: Trees in the right places on properties serve as windbreaks. Trees also provide shade. This helps to reduce energy use.

  • Soil Protection: Tree roots help prevent topsoil erosion. This reduces stormwater runoff. It also keeps the soil healthy.

  • Wildlife Habitat: Trees provide habitat and food for birds and other wildlife. This helps to preserve and enhance nesting areas. Trees also help control insects naturally.

  • Public Resource: Trees are a valuable public resource. They enrich the quality of life in a community. They add to its history and beauty. They also help keep the economy stable. They do this by attracting visitors. They also attract businesses.

Here are some key parts of the regulations. This section is a short summary. Please see the complete draft code for more specifics and details.

  • Condition Rating for Tree Preservation. The proposed code outlines requirements for rating tree health and structure. The rating is from 1 to 6. Condition 1 is for trees in great shape and typical of the species, while Condition 6 is for dead trees. It also defines significant and prohibited species.

  • Mitigation Requirements. Removed trees are to be replaced at a rate to equal the tree inches lost in removal. Replacement trees are to be no less than two inches (2”) or more than three inches (3”) in caliper. The replacement species must be of the same or higher quality than the species that was removed. If onsite tree replacement is not possible, replacement trees can be installed on a different approved site. Another option is placement on public lands.. A final option is providing cash-in-lieu to the Tree Planting account. Mitigated trees are an added element to standard landscape needs.

  • Protection of Existing Trees During the Construction Process. A 6’ tall chain link fence will be installed. It will enclose tree protection zones and will need to be done before construction starts. No stockpiling of soil, vehicle parking, or compaction activities are allowed within the tree protection zone. If trees are damaged during construction, they are to be fixed at once. Damage penalties will be calculated. If damaged beyond repair, mitigation requirements will be assessed.

  • Submittals. A Tree Protection Plan is to be submitted in conjunction with the landscape and irrigation plans. All trees four inches (4”) or larger on the site and within 50’ of the site boundaries are to be identified. Methods and materials for tree maintenance and protection must be outlined. A detailed schedule for implementation is also required. A construction schedule must be submitted. Also, a maintenance schedule and a watering schedule.

Changes Requested by Council at Study Session

At the May 21, 2024 Study Session, Council directed staff to make revisions to the following section. These revisions will be reflected in the updated draft ordinance to be uploaded prior to the June 24 Virtual Open House.

  • Revisions to the cash-in-lieu option
  • Revisions to wording with city-owned and city-financed properties

Public Engagement

You can engage with this project using the Questions and Comments tabs below. Additionally, you can email planning@broomfield.org. This page will be open to feedback and questions until the date of the City Council, 2nd reading Public Hearing. We will provide more about this hearing on this webpage before the meeting.

The project timeline on this page provides an overview of the next steps in the process as Broomfield considers the approval of this proposed ordinance.

Discussions: All (1) Open (1)
  • Public Comment

    5 months ago
    Share Public Comment on Facebook Share Public Comment on Twitter Share Public Comment on Linkedin Email Public Comment link

    You need to be signed in to add your comment.

    Share your comments and ideas with the City about how this ordinance might be improved to better serve the community. City and County of Broomfield staff may contribute in the discussion to provide clarity on what is/isn’t viable.

    Quick Reply
Page last updated: 05 Sep 2024, 11:14 AM