Bellingham just urgently enacted new protections for the city’s largest trees. Here’s why

Worried that developers were planning large-scale tree removals before the city could enact a law to protect its largest and most attractive greenery, the Bellingham City Council unanimously approved an emergency ordinance Monday night to limit the kinds of trees that can be removed.

Monday’s measure took effect immediately, affecting trees that are 3 feet in diameter or bigger, have distinctive characteristics, exceptional beauty, or cultural significance, city officials said.

“The goal is to try to protect and preserve those trees,” said Blake Lyon, director of the city’s Planning and Community Development, said at Monday’s meeting.

Violators face fines of $800 to $5,000 under the new measure. Previous fees for cutting trees without a permit ranged from $100 to $1,000, Lyon said. Those fines are per tree, he said.

City officials said the measure came forward suddenly because of a recent surge interest for tree removal. Bellingham officials have been developing an Urban Forest Plan that was expected to include special protections for so-called “landmark” trees.

Such a plan would be a bible of sorts to guide the use of tree cover in the same way that the city sets policy and goals for development of roads, sidewalks and bike paths.

“After the draft was shared publicly, during a technical advisory group listening session, several industry professionals said they were receiving a higher volume of calls for tree removal, and development applications were being submitted with trees already removed,” Planning and Community Development spokeswoman Ryan Key-Wynne said in a statement at the city’s website.

An emergency ordinance requires a supermajority of five votes to pass, and a public hearing is required within 60 days.

Normally, the process for considering such an ordinance takes a minimum of six weeks.

“We were concerned that people would pre-emptively cut down the trees in an effort to avoid new rules. It became clear very quickly that if we didn’t act soon, there was a high risk of losing some of our city’s significant trees. The city is taking steps to protect existing trees and plant new ones,” Lyon said.

Councilwoman Lisa Anderson has discussed the issue of illegal tree-cutting several times in previous council meetings and is concerned that fines weren’t expensive enough to act as a deterrent.

“I’ve been pretty vocal with examples of people taking down trees in rights-of-way and the penalties do not mirror — basically it’s just a cost of doing business to get that driveway where you want it,” Anderson said.

Assistant City Attorney James Erb told the council that the top per-tree fine of $5,000 was set to keep the violation equal to a gross misdemeanor, which in legal terms is a step below a felony.

Smaller trees that are significant in some way could be nominated for consideration, as well as tree groves, according to the 14-page ordinance.

“I think in layman’s terms I find it helpful to think of these as our most exceptional trees,” Mayor Kim Lund said. Lund has served on the board of directors for the Whatcom Million Trees Project.

“So for one reason or another, whether it’s their age, their aesthetic value, value in the neighborhood — this is not every tree. This is the most remarkable trees in our communities that we’re seeking to preserve,” Lund said.

Exceptions can be made for trees that are posing a hazard, Lyon said.