35.120 Tree Preservation

A. Protection near Construction Activities. Any Public Tree in the immediate vicinity of any construction activity site which in the Urban Forester’s opinion has any potential for injury or damage, shall be protected according to Arboricultural Standards and Specifications. Public Trees shall be guarded with a substantial fence, frame, or box. Such protective structure shall be not less than four feet high and eight feet square, or at a distance in feet from the tree equal to two times the diameter of the tree trunk in inches measured 4½ feet above ground, whichever is the greater distance from the tree. All building materials, vehicles, extra dirt, or other debris shall be kept outside the barrier. Tree protection shall be coordinated with the Parks Department both pre-and post-construction to mitigate damage to the tree and danger to the public. It shall be unlawful to engage in any construction work without first taking the steps to protect the tree(s) and any injury or death to the tree may result in reimbursement to the City. The value of the tree shall be pre-determined by the Urban Forester and made known to the contractor Community Forestry Adopted 04/22/08 before construction begins in accordance with Chapter 35.140. B. State of Utah Heritage Trees. Heritage trees are governed by the State of Utah and designated by the Utah Division of Forestry, Fire and State Lands and the Utah Community Forest Council. Lehi City encourages the protection of accepted and recognized Heritage Trees according to Utah Code 65A-8301 et seq. C. Migratory Bird Protection 1. Prohibition on Nest Disturbance. It shall be unlawful to destroy, disturb, or harass any active nest protected under the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. 2. Survey Requirement. Before any tree removal or development activity on property where migratory birds have nested or are currently nesting, the developer or property owner shall obtain a written survey from a qualified environmental consultant at the developer's or owner's expense. The survey shall: i. Determine whether the proposed development or tree work will violate any federal or state laws, including the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. ii. Identify whether the development or tree work can proceed without destroying, disturbing, or harassing any active nest. 3. City Enforcement Authority. The City of Lehi may halt any tree removal activity if: i. The required survey has not been provided to the City; or ii. Active nesting is observed on the property.