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La Conner commissioners review changes to tree-protection code, debate exemptions and permit rules
Summary
Commission members discussed proposed tree-protection code changes including exemptions for hazard and nuisance trees, whether ISA-qualified assessments should be required for preemptive removals, permit fees and how to calculate replacement trees; staff will return redlines and ANSI/ISA guidance at the next meeting.
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Members of a La Conner commission spent the meeting reviewing proposed updates to the town's tree-protection code, focusing on exemptions for preemptive removal of hazard or nuisance trees, permit requirements and how to count replacements.
The commission chair opened the discussion on formatting and substantive edits, and staff walked through proposed language clarifications. Staff flagged exemption 3 (preemptive removal during or before imminent natural disasters) and suggested the commission clarify which tree classifications qualify for preemptive removal and whether an ISA-qualified tree risk assessor must first evaluate the tree.
"Preemptive removal of hazard or nuisance trees during or before imminent natural disasters" was read aloud by staff as a draft exemption, prompting commissioners to question whether requiring a professional assessment in every case would be practical when storms approach. The chair said commissioners were concerned that, in sudden events, "you might not have the opportunity to get an assessment," and did not want the rule to force unnecessary delays or costs for obvious hazards.
Committee members suggested language changes to make clear that property owners may take immediate action to make a tree "safe" when a limb or localized damage creates an imminent risk, while requiring validation and a formal permit process for removal of an entire tree. One committee member summarized a compromise proposal: "My proposal would be to give exceptions to remove the localized damaged limbs, but requires some sort of permitting 'to remove an entire tree." The commission agreed to explore that approach further.
Staff also described permit types and fees: administrative permits for limbing would carry a $0 fee, and full-tree removal permits were stated as currently costing $585. "The cost of a permit to remove a tree is, I believe, currently $585," staff said.
Members discussed how to calculate required replacement plantings when a tree is removed. The draft code proposes two methods'replacement based on total diameter inches lost and replacement based on percentage of canopy coverage'but does not specify which method controls when the two produce different outcomes. Staff described a drop-line/grid method to measure canopy and proposed codifying a five-year growth-credit for replacement trees (crediting anticipated canopy or diameter-growth for a fixed initial period).
On decision authority, staff said type 3 permits (full-tree removals) would be decided by the planning commission, while type 1 administrative permits would be decided by the planning director or designee.
Staff recommended incorporating portions of the American National Standards Institute's A300 tree-care standards rather than importing the entire manual, and asked how applicants would demonstrate compliance; commissioners asked staff to identify specific ANSI A300 sections to reference.
Several wording and formatting fixes were agreed: replacing the heading "protected trees" with "significant trees" (which the draft defines by diameter-at-breast-height), cleaning typographic errors, and clarifying whether exterior holiday or decorative lighting is considered interior or exterior for purposes of the lighting section.
Staff said they would prepare redlined amendments and circulate attorney Scott's comments (including a flagged First Amendment concern regarding sign regulation) in the next packet so commissioners could review them before the following meeting. The commission agreed to revisit the exemptions, ANSI/ISA references and replacement-calculation language at that time.
Votes at a glance: The meeting approved the minutes for 04/21/2026, as amended, by voice vote (motion carried; recorded voice 'Aye' responses). No other formal ordinances or final code adoptions occurred during this session.
The meeting closed after staff confirmed next steps and where adopted ordinances (for example, a recently approved paint code) will be posted; staff said ordinances are enforceable once signed even if they have not yet been uploaded to the municipal code website.
