Arboriculture & Urban Forestry 35(3): May 2009 Arboriculture & Urban Forestry 2009. 35(3): 165–171 165 Tree Ordinances as Public Policy and Participation Tools: Development in Alabama Yaoqi Zhang, Bin Zheng, Brenda Allen, Neil Letson, and Jeff L. Sibley Abstract: Following a brief overview of the historical evolution of tree ordinances in the United States, this paper focuses on the devel- opment of tree ordinances in the state of Alabama to demonstrate how the tree ordinances evolve into law and the role such ordinances have on urban trees. Even though tree ordinances have a long history in the United States, they have been rapidly developing since the 1970s. Among the 100 municipalities that have some type of tree ordinance in Alabama, based on this investigation, the major respon- sibilities of tree ordinances include: having a tree commission (board), defining tree planting, removal and replacement of trees on pub- lic land, public tree protection and care, tree species selection, and dead tree removal on public and private property. Considering the broadness and complexity of urban trees, this paper indicates tree ordinances provide not only a legal framework, but also an effective tool to engage public participation and awareness of urban trees in the process of formulating, implementing, and amending of the tree ordinances. Development of tree ordinances requires government support, citizen participation, and consideration of local resources. Key Words: Green Law; Landscape Ordinance; Public Attitude; Public Survey; Southeast United States. As a legal framework, tree ordinances are developed to pro- vide authority, offer guidance to residents, and specify the rights, responsibilities and minimum standards to regulate hu- man relationships regarding trees. They also frame and coordi- nate individual interests concerning trees. Tree ordinances can help society adapt to economic and societal forces in a mean- ingful way by promoting proper urban forest management. When utility companies need to remove or trim trees on private lands, what rights do landowners have? When acci- dents happen, such as damage caused by falling trees, who is responsible? On public land, what are the rights and responsi- bilities for local government and each citizen concerning trees? Who is the governing authority and management organization for urban forests and what should the budget level be? Tree ordinances are an effective public policy and planning tool to help local governments and policymakers better manage trees. This paper first introduces the nature of public goods of urban trees, which theoretically justify the importance of tree ordinances to urban forestry. What follows is a brief review of the historical background of tree ordinances in the United States to show practi- cal causes leading to the emergence and development of tree ordi- nances. Included is an examination of the development of tree ordi- nances in Alabama based on a collection of tree ordinances. From said examinations, tree ordinances evolve in response to change in each city in providing a legal framework. Meanwhile, the process of developing tree ordinances is an effective tool to engage pub- lic and stakeholders’ participation, and an important educational tool to raise public awareness of urban trees and the environment. ROLE OF TREE ORDINANCES FOR SUSTAINING PUBLIC GOODS OF URBAN TREES Urban forests are economic goods that provide a variety of ben- efits. Trees in urban landscapes moderate temperature and mi- croclimates, thereby saving energy (Heisler 1986; Oke 1989; McPherson 1990). Urban trees can improve air quality (Smith 1981; Nowak and McPherson 1993), help stabilize soils, reduce erosion, improve groundwater recharge, control rainfall runoff and flooding (Sanders 1986), provide animal habitat to sustain biodiversity (Johnson 1988), make neighborhoods more aes- thetically appealing, and add to the value of property (Schroeder 1989). Evidence also shows that urban forests may reduce hu- man stress levels (Ulrich 1984), promote social integration of older adults with their neighbors (Kweon et al. 1998), and pro- vide local residents with opportunities for emotional and spiritual fulfillment that help them cultivate a greater attachment to their residential areas (Chenoweth and Gobster 1990). The presence of trees and “nearby nature” in human communities generates numerous psychosocial benefits. Hospital patients were observed to recover more quickly and require fewer painkilling medica- tions when they had a view of nature (Ulrich 1984). Having trees within high-density neighborhoods lowers levels of fear, contrib- utes to less violent and aggressive behavior, encourages better neighbor relationships and better coping skills (Kuo 2003). Of- fice workers with a view of nature are more productive, report fewer illnesses, and have higher job satisfaction (Kaplan 1993). Urban forests can also be a potential detriment if not well- managed and maintained. All trees, no matter how long-lived, eventually decline and die. Therefore, trees impose some risk during their life cycles. Destruction of property, personal injury, and even death can be caused by falling trees. Some trees create potential hazards to the public and risks to the owners (Mortimer and Kane 2004). During and immediately following catastrophic storm events, urban trees are more prone to disruptive results due to clogged streets and accesses, disrupted utility service, damaged property, loss of city services, increased debris removal, increased recovery costs, and a threat to public safety (Letson 2001; USDA Forest Service 2003). In many regions of the U.S., urban trees contribute to the potential of wildfire hazards (Long and Randall ©2009 International Society of Arboriculture
May 2009
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