3702.1 The provisions of this section shall apply to any Special Tree Removal Permit issued, in whole or in part, upon the promise of the applicant for the Special Tree Removal Permit to plant replacement trees pursuant to § 3701.7(b).

3702.2 In addition to any other conditions imposed by the Urban Forestry Administration, the following conditions shall apply and be stated on the Special Tree Removal Permit:

1. (a) Replacement trees, when planted, shall have a minimum caliper size of two (2) inches;
2. (b) The replacement trees shall be properly planted according to the International Society of Arboriculture standards that are in effect at the time of planting;
3. (c) The replacement trees shall be planted only during the planting season (October 15 to May 1), except that planting must be completed no later than seven (7) months after the Special Tree is removed, unless construction activity makes planting of replacement trees infeasible, in which case planting of replacement trees shall be completed no later than seven (7) months after construction is finished;
4. (d) Replacement trees shall not be of a species listed in § 3701.9;
5. (e) For a twelve (12) month period after planting, the replacement trees shall be watered, mulched, and, when appropriate, removed from any tree protection stakes and guy wires;
6. (f) A non-hazardous replacement tree shall not be cut down, girdled, broken, or destroyed unless the replacement tree has grown into a Special Tree, and then only if a Special Tree Removal Permit has been issued.
7. (g) Not later than thirty (30) days after the replacement trees are planted, the permittee shall mail or hand deliver to the Urban Forestry Administration a certification, signed by the permittee, attesting to the successful planting of the replacement trees; and
8. (h) An inspector of the Urban Forestry Administration shall be granted reasonable access to the Private Property where the replacement trees are planted for a period of twelve (12) months following planting.

3702.3 If the replacement trees are not planted on the same property where the Special

Tree is located:

(a) The Special Tree Removal Permit shall include the information and statement provided by the permit application pursuant to § 3701.3(b); and

(b) The permittee shall record the Special Tree Removal Permit in the land records of the District of Columbia against the Private Property on which the replacement trees are to be planted and mail or hand deliver confirmation of the recorded Special Tree Removal Permit to the Urban Forestry Administration no later than thirty (30) days after the Special Tree Removal Permit is issued, except that this requirement shall not apply where the Private Property is owned by or under the jurisdiction of the District of Columbia.

3702.4 Any Private Property may serve as the location on which a replacement tree may be planted pursuant to this section, regardless of whether that same tree is slated to be planted in accordance with plans approved by another District government agency, including plans approved as part of a campus plan, planned unit development, or historic preservation review process.

SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005).