§ 65A-8-304. Guidelines and standards for granting or denying applications to alter or remove trees.

(1) The committee shall develop published guidelines and standards to be used by the board in granting or denying applications for the alteration or removal of heritage trees.

(2) In addition to the guidelines and standards developed by the committee, the division shall consider the following criteria in granting or denying an application:

(a) the physical condition of the heritage tree or trees with respect to:

(i) insect infestation;

(ii) disease;

(iii) danger of falling;

(iv) proximity to existing or proposed structures; and

(v) interference with utility services;

(b) the necessity of alteration or removal of the heritage tree or trees in order to construct proposed improvements and allow economic enjoyment of property;

(c) the topography of the land and the effect of removal of the heritage tree or trees on:

(i) erosion;

(ii) soil retention; and

(iii) the diversion or increased flow of surface waters resultant upon alteration or removal;

(d) the number of heritage trees existing in the neighborhood on improved property;

(e) the effect alteration or removal would have on established standards and property values in the area; and

(f) the number of heritage trees the particular parcel can support according to good forestry practices.

Renumbered and Amended by Chapter 136, 2007 General Session