Denver council bill would give exceptional trees 'Legacy' protection and make developers plant or pay

Trees could qualify for Legacy status based on size, age, rarity or historical or cultural significance. A tree would receive protection while the city forester reviews a designation application. If approved, the designation would be recorded with city property records, and owners could not remove or damage a designated tree.

The draft allows a designation to be lifted in specified circumstances, including an imminent safety hazard or when a tree prevents reasonable development after design options and zoning relief have been exhausted. The designation is voluntary rather than automatic, so exceptional trees would only be covered once an application succeeds.

The bill also reaches beyond landmark trees. It would require planting for projects such as new primary structures, certain accessory structures or additions with estimated construction costs of $100,000 or more, and some street construction. It would require permits to remove established trees in protected street setbacks during demolition or construction, and require protective measures for trees during construction, with the city forester able to require monitoring by a qualified arborist.

When required planting is infeasible, the developer would pay a per-tree fee set by the city forester at market rates. The fee would be due before a building permit is issued and would go to the Public Tree Canopy fund. The city forester would set a market-based rate schedule, which could be adjusted annually.

As filed, the bill amends and revises Denver Revised Municipal Code, Chapter 57, Articles II and IV concerning the Office of the City Forester, a package the city describes as strengthening tree preservation and protection in Denver. It sits as a committee action item; the Oct. 6 Parks, Art and Culture Committee hearing is the next step.

The bill was introduced at the request of Parks and Recreation, the department that houses the city forester's office, and the city's Legistar record lists it as a committee action item rather than a consent item, meaning it is slated for deliberation rather than a routine vote. Its official title frames the package as a strengthening of the tree preservation rules the forester enforces.

The first public test comes Oct. 6, when the Parks, Art and Culture Committee takes up the proposal. How the committee handles the market-rate fee and the Legacy designation will signal whether the bill moves forward largely as drafted or gets reworked before it reaches the full council.

The full text of the draft ordinance is attached to the bill's Legistar record, where residents and developers can read the proposed code changes ahead of the committee hearing.