Council amended and adopted Ordinance No. 24-0621 on October 28, 2024. This ordinance addressed public concerns about possible unintended effects on housing from the exceptional tree ordinance passed in 2023. The updated ordinance enhances protections for exceptional trees by broadening their definition, while also providing an exemption for residential developments in specific zones within a quarter-mile of high-capacity transit areas, such as higher-density zones along SR 522.

Complete Ordinance

Agenda

Trees are important to Kenmore. In fact, environmental stewardship has been designated as the Kenmore City Council's top priority for 2025 (after ranking second in 2024 and first in 2023).Trees are regulated by the Kenmore Municipal Code (KMC) and have numerous benefits, such as:

City Council adopted an Exceptional Tree Ordinance in October 2023. The ordinance amended the Kenmore Municipal Code (KMC) to protect large exceptional trees that are invaluable to the environment and those native to the Pacific Northwest lowlands like Douglas Firs, Western Hemlocks, and Western Red Cedars. This ordinance brings us closer to achieving several Climate Action goals, such as carbon sequestration, as older and larger trees absorb and store carbon more efficiently than smaller ones. The ordinance is available here: Ordinance No 23-0593

Whether or not a tree is considered “exceptional” is determined by the tree’s size and species. Except for hazardous trees and some invasive/nuisance species, any tree equal to or greater than 48 inches d.b.h. is considered an exceptional tree, and certain native trees less than 48 inches d.b.h. may be considered exceptional as well. The definition and table of exceptional trees is available online at KMC 18.20.3083.

The KMC helps protect exceptional trees by prohibiting removal, topping, over-pruning, and attaching signs, among other activities. Exceptional trees may be removed only in certain (and very limited) circumstances. For example, an exceptional tree may be removed if the tree is hazardous, if necessary to provide access to development sites, or potentially through a variance process. Remember: You need a permit to remove an exceptional tree. The full Exceptional Tree Protections can be found in KMC 18.57.063.

Obtaining a permit is a way for the City to regulate the number of trees removed per year, protect the environment, and preserve our tree canopy.  The KMC requires that you obtain a permit prior to commencing tree removal.

Significant Tree Removal:

Based on the current fee schedule (2026), the fee for a tree removal permit is $50.00 (plus 3% if you’re paying credit card).

Exceptional Tree Removal:

Based on the current fee schedule (2026), the fee for an exceptional tree removal permit is $1,450.00 (plus 3% if you’re paying by credit card).

Depending on permit volumes, a complete application to remove a significant tree typically takes 2 weeks to review. Incomplete applications stall the permit process and create delays. Exceptional tree removal requires public notice and takes an estimated 2-6 months. 

To apply for a significant tree removal permit, submit form 303 and a site plan online at www.mybuildingpermit.com. Be sure to include property lines, existing structures, paved areas, and a clear depiction of where trees are located.  When applying, you should select: 1) Clearing and Grading, 2) Any Project Type, 3) Trees or Vegetation Only, and 4) Tree Removal Permit. Once submitted, you can check the status of your permit online at https://permitsearch.mybuildingpermit.com/.

To apply for an exceptional tree removal permit, submit form 303, a site plan, and an exceptional tree variance narrative. Be sure to include property lines, existing structures, paved areas, and a clear depiction of where trees are located. When applying, you should select: 1) Land Use, 2) Any Project Type, 3) Deviations, Modifications, Variances, or Waivers, 3) Variance - Exceptional Tree. Once submitted, you can check the status of your permit online at https://permitsearch.mybuildingpermit.com/.

Trees located in critical areas and buffers are protected by the Critical Areas Ordinance (KMC 18.55). Only hazardous trees can be removed, unless the tree removal is part of a restoration plan. An arborist report is required for removal of exceptional trees and any tree removal in a critical area or buffer. 

You do not need a permit only if the proposed tree removal meets all the following criteria:

1. The tree is less than 6 inches in diameter at breast height (d.b.h.).
2. The tree is located on a lot containing an existing single-family detached dwelling unit.
3. The tree has not been previously designated for protection (e.g., as part of a subdivision).
4. The tree is not located in a critical area or buffer.
   • Examples of critical areas include things like wetlands, streams, shorelines, steep slopes, erosion hazard areas, habitats of importance, and others.
   • If you're not sure, check the City's GIS and contact the City before removing the tree.

The choice to "ask forgiveness, rather than permission" is a bad idea, especially when it comes to tree removal. In 2023, a developer was fined $94,000 for removing trees in violation of the code.  For more information on fines, see KMC 18.57.110.

Washington case law has determined that disputes regarding trees along property lines are a civil matter between private property owners. Though a dead or dying tree may pose a risk to property, the City does not intervene in these types of disputes.

Consider the following options:

• Talk to your neighbor.
• Contact an attorney.
• If you are not the property owner (i.e., you’re a tenant), contact your landlord (in writing) and describe your concerns.
• If the tree can be assessed from your property without entering your neighbor’s property, you can hire a qualified tree professional (e.g., ISA Certified Arborist/Tree Risk Assessor) to complete a tree risk assessment of the tree (arborist report). This report may be useful in talking with your neighbor about the tree. You can find a certified arborist on the website Treesaregood.org.
• If you have already spoken with your neighbor and the concern remains, you can send a certified letter (return receipt letter) to document your concern for the tree. The letter provides documentation that you made the property owner aware, in writing, of the potential hazard.

The practice of tree topping can lead to a tree becoming unhealthy and unsafe. Instead of topping, the city encourages selective pruning not to exceed 20% per year (or less for older trees). An arborist can provide specific recommendations for your tree.

Trees are a major cause of power outages.  Trimming trees near power lines can be dangerous and you should contact Puget Sound Energy (PSE) at 425-748-6332 or e-mail them if there is a tree near a power line that needs to be trimmed. You can find more information on their website.

Retention of existing healthy trees is one of the primary goals of Kenmore's tree regulations. Consideration of existing trees is an essential part of early site layout and design. Tree plans associated with development projects are reviewed as part of the underlying land use application. Developments outside of the downtown core are required to achieve a minimum tree density based on the net buildable area. For more information on tree units, see KMC 18.57.060.

 

Per KMC 15.25.080, "Where repairs or activities necessary to prevent or correct an immediate threat to public health, safety, property or welfare are performed in an emergency situation, the permit application and evidence of the threat shall be submitted within the next business working day to the City (for example, landslide stabilization, flood prevention and hazard tree removal). Mitigation may be required for such repairs of activities." When trees are removed under this provision, a tree removal permit application is required the next business day. The permit application must include evidence of the hazard and be certified by a professional arborist. Mitigation may be required. (i.e., tree replacement).