In 2021, the City Council adopted a tree protection ordinance that goes into effect on June 1, 2021. Below is a summary of the requirements of the Tree Protection Ordinance. To read the full requirements, please review Chapter 19.47 of the City's Zoning Regulations. The tree protection ordinance applies to the following situations:

• Removal of a tree in the public right-of-way
• Projects subject to site plan review by the Planning Commission
• A new residential structure
• A teardown of at least 10% of an existing residential structure 
• An addition of 600 square feet or more to a residential structure

Tree Protection and Removal Plot Plan Requirements

Prior to issuing a permit for any of the situations listed above, a tree protection and removal plan must be submitted to the Codes Department with the completed building permit application and construction documents. This plan must include the following information:

• Location of all existing trees on the lot
• Size (by DBH) of all existing trees on the lot
• Species of all existing trees on the lot
• Identification of trees that will be protected during construction
• Identification of trees planned for removal (a tree removal permit will be required)
• Placement of protective fencing for all trees required to be protected during construction
• Lot lines
• Buildable area outline
• Construction entrance

View example of tree protection and removal plan.

Tree Removal Permit Requirement

Prior to removal of any tree associated with new construction or major additions (as outlined above), a tree removal permit must be granted. In addition to the tree protection and removal plot plan, a tree removal permit application must be submitted to the Codes Department. The tree removal permit application must include the following information:

• The size, location, and species of all trees requesting to be removed (as outlined on the submitted plot plan)
• The reason for requesting removal of the tree
• The size, location, and species of trees planned to be planted after construction to replace the trees that were removed

Removal of any protected tree without approval is a violation of the City's municipal code and will result in a citation to appear in municipal court with associated fines and penalties. 

Apply for a tree removal permit (must be submitted with building permit application)
View sample tree protection and removal plan (must be submitted with building permit application)

Trees Prohibited from Removal

The following trees are prohibited from removal during the construction process unless the removal of the tree qualifies for an exception under the ordinance:

• Any tree in the public right-of-way
• Any tree 6" DBH or greater within 20 feet of the front lot line
• Any tree 20" DBH or greater located beyond 20 feet of the front lot line and outside of the buildable area of the lot
• Any tree 30" DBH or greater located within the buildable area of the lot
• Any Kansas State Champion Tree

Exceptions for removal may be granted with written authorization from the Building Official if it is determined that one of the following criteria are met:

• The tree is dead, diseased or dying, and constitutes a threat to healthy trees, property, or public safety
• Removal of the tree is necessary for construction, development, or redevelopment under the following criteria:
  • All reasonable efforts have been made to avoid removing the tree through comparable alternative designs
  • The presence of the tree places an undue financial burden on the applicant; and
  • No other reasonable accommodations, including adjustments to the otherwise allowable building footprint or site design can be made to preserve the tree

If a tree that is prohibited from removal is approved to be removed due to an exception above, mitigation of the removed trees will be required with new trees planted when construction is completed, per the specific requirements of Table 19-47 D of the Tree Protection Ordinance.

Protective Fencing Requirements

The following trees are required to be protected during construction with protective fences. If a protected tree must be removed, a tree removal permit must be granted and the tree must be replaced with at least a 2" caliper tree when construction is completed:

• All trees in the public right-of-way (Area 1 in image above).
• All trees 3" DBH or greater located within 20 feet of the front lot line (Area 2 above)
• All trees 6" DBH or greater located anywhere else on the lot (Area 3 and 4 above)
• All Kansas State Champion Trees

Protective fencing is required for all protected trees listed above (unless a permit for removal has been approved). Fences must be a snow fence, chain-link fence, vinyl construction fence, or other similar fencing with a minimum 4 feet height. The fence must meet the following requirements:

• Trees greater than 28" DBH: fenced area must be the lesser of 20 feet from the center of the tree or protecting at least 75% of the drip line.
• Trees between 20" - 28" DBH: fenced area must be the lesser of 15 feet from the center of the tree or protecting at least 75% of the drip line.
• Trees less than 20" DBH: fenced area must be the lesser of 10 feet from the center of the tree or at least 75% of the drip line.

Fenced areas do not include any pre-existing structures, foundations, slabs, roadways, sidewalks, and driveways. The fence should be installed along the edge of the driveways/roadways encompassing the tree to restrict access from the street side. The fence must remain in place at all times until all construction-related activity has been completed or final grade achieved. The City may authorize the fences to be moved temporarily for final grading, access, or other work.