But It’s My Property, Why Can’t I Just Remove Trees?
You would not be the first property owner that desired to have trees taken down. It might be to improve sun light, a view, or just to cautiously avoid a potential scenario where a fallen tree could damage your home. Before proceeding with any tree removal, it would be wise to understand the entire process.
It may be surprising to learn just how legally complicated removing trees on your own property can be, often more complicated than the actual tree removal itself. Many of the obstacles that a property owner can face were recently addressed by the Washington Court of Appeals in Gokey v. City of Black Diamond. In Gokey, the court upheld a finding that a property owner had engaged in the unauthorized removal of trees from his private property resulting in financial penalties against the property owner.
In Gokey, Mr. Gokey started to remove several Douglas Fir trees from his property. A complaint was made shortly after Mr. Gokey began cutting down his trees and two city officials responded by going to Mr. Gokey’s property. The officials noticed seven trees had been cut down. They also noted that Mr. Gokey had not even applied for a permit for the tree removal, despite a local ordinance requiring the same. The city officials informed Mr. Gokey that he needed a permit and ordered him to stop all tree removal. Mr. Gokey agreed and advised that he would stop and wait until he secured a permit.
Within an hour, the officials were called back to Mr. Gokey’s property as a result of receiving additional complaints claiming, “the chainsaws were running again.” The officials discovered three additional trees had been removed for a total of ten. The City of Black Diamond then issued a notice of violation and assessed Mr. Gokey a penalty $10,500 and required corrective action in the form of planting replacement trees or a contribution to a tree removal mitigation fund. A city official returned to Mr. Gokey’s property to serve the notice of violation and found the area was cleared, graded, and that all evidence of the trees and their condition had been removed.
Mr. Gokey contested the violations and asserted that the trees were dangerous and undermined property values. Following a hearing, the City of Black Diamond prevailed. Next, Mr. Gokey filed a petition in superior court disputing the City of Black Diamonds’ regulation of his land use as, amongst other things, a violation of his constitutional rights. Mr. Gokey’s petition was denied, and he appealed. The Washington Court of Appeals affirmed the Superior court, which had essentially affirmed the violations and financial penalty assessed by the City of Black Diamond.
The Appellate Court found that the City of Black Diamond’s hearing process complied with the procedural requirements under the Land Use Petition Act. Additionally, the Appellate Court found that Mr. Gokey had failed to present sufficient evidence that the trees posed an imminent hazard to justify emergency removal without a permit, and that the facts and circumstances did not warrant his choice to remove trees without first obtaining a permit.
The lesson to be learned from Gokey v. City of Black Diamond, is that even if there is no dispute that a tree is located on your property, a permit may still be required for its removal. If you are thinking about removing trees from your yard, your first step should be to research your local ordinances before you get out your chainsaw. Many cities and counties in Washington regulate tree removal even on private property. These ordinances can vary and permitting may be necessary depending on the species of tree, age, size, basis for removal, and historical context. It is important to consider and follow the proper procedures before removing trees, even on your own land, to avoid the possibility of code violations, financial penalty, and restoration requirements.
Please contact our team at Beresford Booth so we can help you navigate the permitting process and assist you in understanding your local permitting requirements. We are also happy to offer our assistance if you have already received a notice of violation from your government regarding tree removal. Whatever your needs may be, we are here to help you navigate the best path forward. If you have any questions or want to speak with an attorney, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100 for a consultation.
