Dewey leaders tighten tree ordinance

Dewey commissioners voted unanimously Feb. 17 to clarify the town’s tree ordinance, including requirements for replacement of removed trees, and to increase penalties for noncompliance with the law.

Commissioners had discussed changing the ordinance in January, when they stated the $500 fine for illegally removing a tree was too low and discussed ways to improve enforcement of the law.

While discussing the revised ordinance Feb. 17, Commissioner David Jasinski said many people treated the $500 fine as the cost of doing business or a slap on the wrist.

Raising the fine is not meant to create an income stream, he said, but to get people to replace the trees.

Commissioner Gary Persinger said the minimum fine is now $500, and the cost of replacing a tree that meets minimum specifications is capped at $5,000. Failure to replace a tree that was removed under permit is subject to a $1,000 fine that increases to $3,000 if it is not paid within 60 days. 

If the tree is not replaced within a year, an additional $3,000 fine is assessed, and the fine increases $3,000 for each additional year the tree is not replaced.

Removing a tree without a permit incurs a $3,000 fine, which increases another $3,000 if it is not paid within 60 days. If the tree is not replaced within a year, an additional $3,000 fine is assessed, and the fine increases $3,000 for each additional year the tree is not replaced.

Trees smaller than 20 inches in circumference can be removed without a permit; larger trees require a permit from the town building official. 

Property owners must obtain a signed statement from a licensed arborist to receive a permit to remove a tree that could cause property or bodily harm, or is unlikely to survive due to disease or another cause.

Trees must be replaced within 90 days after removal, must be an identified native species on the Delaware Department of Agriculture list of recommended trees or other such list, must have a minimum circumference of 15 inches measured 1 foot off the ground, and must be a minimum height of 12 feet when planted.

Per the ordinance, any unpaid fines for violations of the ordinance must be satisfied before the town will issue any future permits or licenses for the property. The building official will have flexibility in extending replacement deadlines and in assessing violations, Persinger said.

Topping of trees is prohibited; pruning is allowed but requires a no-cost permit issued by the town building official prior to work. The permit is required so that the town building official can monitor the work being performed to ensure topping does not occur.

The full ordinance is available at townofdeweybeach.com and goes into effect Saturday, April 1.