NRC Work Session Packet 09272023CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION
Wednesday, September 27, 2023 - 6:00 P.M.
Mendota Heights City Hall – Large Conference Room
AGENDA
1.Call to Order
2.Roll Call
3.Approval of the Agenda
4.New Business
a.Proposed Ordinance: Urban Forest Management
5.Adjourn
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DATE: September 27, 2023
TO: Natural Resources Commission
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Proposed Ordinance: Urban Forest Management
Background
As part of Goal 1: Policy and Ordinance Review and Development, the Goal 1 Committee of the
Commission has developed a draft of an Urban Forest Management Ordinance, receiving and
incorporating feedback from the rest of the Commission. At the September 27th work session,
the Commission is asked to review and give feedback on the draft provided, working towards a
final draft of the document for recommendation to City Council. Feedback and discussion should
consider timelines, staff resources, residents and applicants, as well as enforceability when
developing ordinances for recommendation.
Requested Action
The Commission is asked to use the work session to discuss and review the draft of the proposed
ordinance to be brought to the City Council for recommendation of adoption.
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PRELIMINARY DRAFT – URBAN FOREST MANAGEMENT ORDINANCE
TITLE XX
TITLE NAME
CHAPTER X
URBAN FOREST MANAGEMENT
SECTION:
X-X-1: PURPOSE AND BENEFITS
X-X-2: DEFINITIONS
X-X-3: STANDARDS
X-X-4: FOREST ALTERATION
X-X-5: FOREST MANAGEMENT PLAN
X-X-6: TREE MITIGATION
X-X-7: DISEASED TREES
X-X-8: ENFORCEMENT
X-X-1: PURPOSE.
Trees and woodlands play an integral role throughout the City of Mendota Heights, providing improved
air quality, erosion control, energy conservation, wildlife habitat, cooler surface temperatures, increased
property values, and aesthetic beauty. It is therefore the intent of the City of Mendota Heights to
protect, preserve, and enhance trees and woodlands within the City, and to encourage a resourceful and
prudent approach to development and redevelopment within the city, thereby promoting and
protecting public health, safety, welfare and assuring a healthy urban forest into the future.
X-X-2: DEFINITIONS.
The following words, terms and phrases, as used in this division, shall have the meanings ascribed to
them in this section:
Applicant means developer, builder, contractor, or owner who applies for a woodlot alteration, land
use, grading, or building permit.
Caliper inch means a measurement used for nursery stock and in this division refers to replacement
trees. It is the unit of measurement for defining the diameter of the tree trunk measured six inches
above the soil surface for tree trunks four diameter inches or less and measured 12 inches above the
soil surface for tree trunks greater than four diameter inches.
Certified arborist means an arborist with up-to-date certification by the International Society of
Arborists (ISA).
Natural Resources Coordinator means a natural resources professional who is employed by the city or
appropriate agent or independent contractor designated by the city administrator.
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Conifer tree means a woody plant that is a member of the division Pinophyta and at maturity is at
least 12 feet or more in height. Conifers are cone bearing and most in our climate keep their leaves
(also called needles) year-round. Tamarack (also called larch) is the one conifer in our climate that
drops its needles in the fall.
Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a shade tree
disease or pests.
Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown and at
maturity is at least 15 feet or more in height.
Diameter is a measurement used for trees in the landscape. It is the diameter of a tree trunk as
measured at a height of four and one-half feet above ground. To determine diameter, measure the
circumference of the tree trunk at four and one-half feet above ground and divide by 3.14.
Forest is a stand of significant trees covering at least a quarter acre of ground, where the leaves and
branches of trees (forest canopy) shade 75 percent or more of the ground. Forests can be continuous
areas covering many areas or isolated quarter-acre patches on individual or multiple lots.
Forest management plan is a plan that shows all trees in the area to be developed or within the
property. The plan shall include all significant and specimen trees to be preserved and measures taken
to preserve them. The plan will also include calculations to determine the number of replacement
trees as required by the tree removal, mitigation, and replacement section of this division and a
proposed reforestation landscape plan. The plan shall be developed by a forestry or horticultural
professional.
Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and
has been determined that such failure could cause property damage or personal injury and has been
identified as a hazard tree by an ISA Certified Arborist.
Invasive species means species that are not native to Minnesota and cause economic or
environmental harm or harm to human health.
Development means a project on land, including vacant land, which the construction of structures,
improvements, or land use changes has been approved by the City.
Redevelopment means a project on non-vacant land, which the construction of structures,
improvements, or land use changes has been approved by the City.
Native tree means a tree native to the local ecosystem(s) found in Mendota Heights and immediate
surrounding area, is naturally found in the area, is suited to the local climatological conditions, and is
not an introduced, exotic, noxious, or invasive species.
Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown primarily
for aesthetic or environmental purposes.
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Significant tree means a healthy tree measuring a minimum of six inches in diameter for deciduous
trees, 10 feet in height for conifer trees, and is not considered hazardous. Buckthorn or other noxious,
invasive, woody plants or trees as determined by the Natural Resources Coordinator are not
considered a significant tree species at any diameter.
Specimen tree means a tree of any native species or cultivar of a native species that is 28 inches in
diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater
than ten years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no
major insects, pathological problem, or defects. Specimen trees are valued for their size and their
legacy.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by
the City to be harmful, injurious, or destructive to trees or community forests.
American National Standards Institute (ANSI) A300 Tree standards means standards set forth by the
ANSI in Standard A300 that set forth performance standards for the care and maintenance of trees,
shrubs, and other woody plants. ANSI A300 Part 6 standards addresses planting and transplanting of
trees, shrubs, and woody plants, as well as post-planting care. These standards do not replace or
supersede city ordinances.
Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or
similar service operations.
Woodlot means a treed area of at least one-quarter acre on a vacant lot, which includes significant
and/or specimen tree(s).
X-X-3: STANDARDS.
American National Standards Institute (ANSI) A300 shall be followed in the planting, transplanting,
and care of trees and other woody species. The Natural Resources Coordinator shall have the
authority to develop additional tree standards concerning the management of trees when necessary.
These standards shall not contradict this chapter.
X-X-4: FOREST ALTERATION.
A. Forest alteration permit. A forest alteration permit application is required to be submitted to
the City’s Natural Resources Coordinator for review prior to removing any significant living
trees as part of a development or redevelopment project. The applicant shall submit a forest
management plan containing all requirements listed in X-X-5, and other necessary information
to determine compliance with this chapter. An application fee, as well as escrow fee, shall be
required as established annually be the City Council. Failure to obtain an approved forest
alteration permit application and forest management plan prior to removing significant or
specimen trees will result in a tree replacement requirement that assumes all trees removed
were significant trees, and/or escrow fee forfeiture.
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B. Forest alteration permit appeal process. If the forest alteration permit is denied by the Natural
Resources Coordinator, the applicant may appeal the decision. The appeal shall be submitted
in writing, along the argument(s) for appeal, and received by the City within 15 days of denial.
The City Council will review the appeal at its next available City Council meeting for final
decision of the appeal.
C. Tree replacement escrow. The applicant shall post a tree replacement escrow with the City in
the amount of $1,750.00, or 125% of estimated cost to accomplish compliance with an
approved forest management plan, whichever is greater. The escrow will be held by the City
until successful completion of final planting inspection, assurance that the trees have survived
for at least one growing season, and are covered by at least a one-year warranty for
replacement. The escrow may be held for longer to ensure viability of trees. Once the escrow is
reimbursed to the applicant, it is still the applicant’s responsibility to maintain the replacement
trees for three years after planting during the three-year maintenance period.
X-X-5: FOREST MANAGEMENT PLAN REQUIRED.
A forest management plan is required with the submittal of a forest alteration permit
application. The forest management plan should reflect the applicant's best effort to determine
the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and
recreational facilities, and other physical features, so as to remove or damage the fewest
significant trees and minimize the negative environmental effects caused by loss of the forest
canopy. This section shall apply to any applicant that requests a forest alteration, land use,
grading, or building permit, including a building permit for major home additions. This includes
all sites of new development or redevelopment that contain significant trees or forests.
A. Forest Management Plan Applicability
1. A forest management plan is required for any project which requires a forest alteration
permit or significant tree removal, such as a land use, grading, or building permit. A forest
management plan shall reflect the applicant's best effort to determine the most feasible and
practical layout of buildings, parking lots, driveways, streets, storage and recreational facilities,
and other physical features, so as to remove or damage the fewest significant trees and
minimize the negative environmental effects caused by loss of tree canopy. The forest
management plan shall include the following:
a. A forest and significant tree inventory overlaid on site plans that shows size, species,
general health, and location of all significant trees located within the property where
tree removal is proposed.
b. A list of total diameter inches of all healthy significant and specimen trees
inventoried.
c. A list of the total diameter inches of healthy significant and specimen trees proposed
for removal.
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d. Location of trees preserved and the proposed measures for protection, including
delineation of tree protection fencing, tree protection signs, location for material
storage, parking, debris storage, and wash-out area for cement trucks.
e. Protection measures for replacement trees being planted in areas with high deer
population.
f. The name(s), telephone number(s), and address(es) of the person(s) responsible for
tree preservation during the course of the development project.
g. Size, species, number, and location of all replacement trees and woody shrubs
proposed to be planted on the property.
h. The outer boundaries shown of all forest areas of one-quarter acre and larger.
i. Indications of the known presence of any tree pests and diseases.
j. Locations of standing, dead or diseased significant trees.
k. Locations of proposed building, structures, and impervious surfaces.
l. Grading, land disturbance, clearing, and trenching limits.
m. A three-year tree maintenance and preservation plan.
B. Exemptions
1. Minor home additions, general home improvements, and construction of accessory
structures.
2. Tree removal related to public improvement projects, including but not limited to: road
reconstruction and improvement, parks, infrastructure work or repair, stormwater
treatment projects, and utility work or repair.
3. Emergency work to protect public health.
4. Removal of dead, dying, or diseased trees, unless those trees were planted as part of a
forestry management or other tree replacement plan, in which case they shall be
replaced based on the requirements of the approved plan.
5. Disturbance of the forest canopy recommended as part of a forest management plan
approved by the City’s Natural Resources Coordinator.
6. Tree removal as part of an approved native vegetative community restoration plan to
restore or enhance native woodlands, savannas, prairies, or wetland areas.
7. Removal of non-native trees that the City deems are invasive or noxious.
8. Commercial tree nursery and landscape operations.
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C. Safeguarding Preserved Trees
All development and redevelopments in the city shall be designed with the preservation of the
urban forest, natural woodlands, and significant trees in mind. The following criteria will be
considered to ensure survival of trees scheduled to be preserved:
a. Size of lot or project to be developed.
b. Tree size.
c. Species, role, and health of trees.
d. Tree life span.
e. Sensitivity to disease.
f. Nuisance characteristics.
g. Sensitivity to grading and grade change.
h. Transplanting potential.
i. Effects on the functioning of a development.
Prior to issuance of a grading or building permit the Natural Resources Coordinator may require
one or all the following measures be used to safeguard preserved trees:
1) Tree protective areas shall be designated at a minimum of the CRZ of trees
or drip line, whichever is greater, whenever possible. Saving forests and
groups of trees is encouraged over protecting individual trees scattered
across the site.
2) Layout of the project site utility and grading plans shall accommodate the
forest and tree preservation areas. Utilities are recommended to be placed
along corridors between tree preservation areas and use of common
trenches or tunnel installation if possible.
3) Custom grading, retaining walls, or tree wells to maintain existing grade for
preserved trees should be utilized.
4) Suitable tree protection fencing in active areas includes use of orange
polyethylene laminar safety fencing or woven polyethylene fabric (silt
fencing). Fencing shall be self-supportive. Tree protection fencing shall be
maintained and repaired by the applicant for the duration of construction.
5) Use of passive forms of tree protection may be allowed, such as continuous
rope or flagging (heavy plastic four inches or wider) or other easily
recognized barriers to vehicles and people.
6) Active tree protection areas with “Tree Save Area” signs posted and
readable from at least ten feet away.
7) Minimize tree wounding by felling or removing trees in a direction away
from preserved trees.
8) Construction site activities such as parking, material storage, concrete
washout, placement of holes, etc., shall be arranged so as not to encroach
on tree preservation areas.
9) Measures such as deep mulching may be required if root pruning or root
compaction will occur.
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10) Identify and prevent oak wilt infection. Treat all known oak wilt infected
areas with current accepted guidelines including root cutting and removal of
infected trees. If pruning oaks is required between April 1 and July 1, fresh
wounds shall be covered with nontoxic tree wound sealant or latex paint.
All developments and redevelopments in the City shall be designed to preserve forests and
significant trees, where such preservation would not adversely affect the public health, safety,
or welfare of Mendota Heights citizens. The city may prohibit removal of all or a part of a forest
or of significant trees.
If any significant tree designated as preserved in the approved forest management plan is cut,
damaged, or encroached upon during the construction process without city authorization and if
it is determined by the Natural Resources Coordinator that the damaged tree will not survive,
the said damaged tree shall be removed by the applicant at their expense and replacement
trees installed at a rate of two times the tree replacement calculations as described below.
D. Significant Tree Replacement
1. If less than 20 percent of the total significant tree DBH inches on the property is removed,
the applicant shall replace one tree per significant tree removed. Replacement trees shall be
a minimum of one caliper inch in size.
2. If 20 percent or more of the total significant tree DBH inches is removed, the applicant shall
mitigate all significant DBH inches using the tree mitigation/replacement schedule using the
following formula:
A= Total DBH inches of significant trees removed due to land alteration
B= Total DBH inches of significant trees located on the property
C= Tree replacement constant (1.5)
D= Total DBH inches of specimen trees saved (for each one DBH inch of significant tree
saved=1/2 DBH inches)
E= Replacement trees (#of caliper inches)
[((A/B - .2) x C) x A] - [D/2] = E
X-X-6: TREE MITIGATION
The applicant shall mitigate loss of significant trees by planting replacement trees in appropriate
areas on the property in accordance with the tree removal, mitigation, and replacement section
of the tree ordinance and as indicated in the applicant’s approved forest management plan.
Trees shall not be planted within 15 feet of property lines without written permission of the
affected adjacent property, nor shall trees be planted at lot corners in a way that obstructs a
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driver’s line of sight. After putting as many trees as feasible on the site, if the replacement
requirement is still not met, the city Natural Resources Coordinator can approve additional tree
replacement steps, including a fee assessment to be used towards to the City’s tree planting
fund.
In order to preserve diversity and provide protection from tree disease and pests; where ten or
more replacement trees are required, not more than 20 percent shall be of the same family, not
more than 10 percent of the same genus, and not more than 5 percent of the same species,
unless approved by the City’s Natural Resource Coordinator. Tree species of the genus Acer shall
be limited to 10 percent of total replacement trees planted, due to its over-abundance in the
City’s forest canopy. A minimum of 50 percent of replacement trees must be species native to
Minnesota or recommended by the Department of Natural Resources or University of
Minnesota Extension. Planting of trees recommended from the Minnesota Department of
Natural Resources’ Best Native Yard Trees for our Changing Climate (state.mn.us) or the Climate
Change Response Framework is encouraged. All replacement trees shall be healthy and free
from insect or disease infestations. Replacement trees shall be no less than a one-caliper inch
deciduous or six-foot height conifer tree unless approved by the City’s Natural Resources
Coordinator. No more than three consecutive trees of the same species may be planted in a
continuous row, including around corners and in groupings.
It is the applicant’s responsibility to maintain the replacement and preserved trees for at least
three years. The City may require additional post construction tree care mitigation for preserved
and replacement trees.
The following woody plant species are considered invasive, and are prohibited from city
plantings and on development and redevelopment projects:
● Amur maple (Acer ginnala)
● Norway maple (Acer platanoides)
● Tree of heaven (Ailanthus altissima)
● Japanese barberry (Berberis thunbergii)
● Siberian pea shrub (Caragana arborescens)
● Oriental bittersweet (Celastrus orbiculatus)
● Russian olive (Elaeagnus angustifolia)
● Autumn olive (Elaeagnus umbellata)
● Winged burning bush (Euonymus alatus)
● Glossy buckthorn (Frangula alnus)
● Non-native bush honeysuckles (Lonicera tatarica, L. morrowii, L. x bella, and L.
maackii)
● White mulberry (Morus alba)
● Amur cork tree (Phellodendron amurense)
● White poplar (Populus alba)
● Common buckthorn (Rhamnus cathartica)
● Black locust (Robinia pseudoacacia)
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● Multiflora rose (Rosa multiflora)
● Siberian elm (Ulmus pumila)
● Japanese Tree Lilac (Syringa reticulata)
Trees that are overly susceptible to diseases that cause tree death, such as Dutch Elm Disease or
Emerald Ash Borer, should not be planted unless they are a resistant variety or cultivar.
Replacement trees should be of a similar species to the tree it is replacing and appropriate for
the planting location; including soil, moisture, and sunlight conditions. Replacement trees shall
consist of certified nursery stock as defined by current Minnesota Statutes and shall be hardy for
USDA plant hardiness zones 4 or 5. Trees shall be planted in accordance with the American
National Standard for Tree Care Operations – ANSI A300, Part 6.
X-X-7: DISEASED TREES
The health of trees in the City is threatened by tree pests, which can result in hazardous trees
that cause property damage or personal injury. The loss of trees, or presence of diseased and
hazardous trees on public and private property depreciates the value of property within the City
and impairs the safety and general welfare of the public. In accordance with MN State Statutes
89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and
prevent the spread of tree pests.
The Natural Resources Coordinator may declare any vertebrate or invertebrate animal, plant
pathogen, or plant in the community threatening to cause significant damage or death to trees
in the community to be a tree pest and prescribe control measures to effectively eradicate,
control, or manage the tree pest as defined by MN Stats. 89.001.
The Natural Resources Coordinator may notify in writing the owner of record or occupant of the
premise that a diseased or hazard tree exists. The notice may specify required abatement
measures to be taken to abate the nuisance in accordance with City Code 4-1-5. When removing
and managing diseased trees, property owners shall follow any diseased tree management plans
that are put forth by the City, Dakota County, or the State of Minnesota and comply with all
quarantine requirements and restrictions.
If a diseased, nuisance or hazard tree exists within publicly-owned property or rights-of-way,
including boulevard trees, the City may remove, at any time, diseased, nuisance or hazard trees
without the permission of, or notice to, adjacent property owners.
X-X-8: ENFORCEMENT
The City shall be responsible for the enforcement of this chapter and determine any violations.
All land use, building, and grading permits shall be suspended until the applicant has corrected a
violation. The city reserves the right to inspect the site or property at any reasonable time for
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compliance with the forest management plan and forest alteration permit. If the city finds the
site in violation, the city may issue a stop work order until conditions are corrected. Conditions
that are not corrected within the required timeframe may result in forfeiture of escrow.
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