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Friday, December 23rd, 2005

Cutting of private trees could be banned under new law

Charlie Goodyear/San Francisco Chronicle

A Board of Supervisors committee approved legislation Monday that would give city officials wider powers to protect large trees in San Francisco, including those on private property.

The legislation, sponsored by Supervisor Jake McGoldrick, would allow the board, the city's Planning Commission, the Landmarks Preservation Advisory Board, the Urban Forestry Council and the head of any city department to nominate trees for "landmark" protective status.

Once a tree is nominated as a landmark, it would be up to the Urban Forestry Council -- a city board that advises supervisors and the mayor on the state of San Francisco's trees -- to recommend at a public hearing whether to accept or reject the nomination. But the final decision would be left to the Board of Supervisors.

In recommending to the board whether or not a tree should be granted landmark status, the forestry council would consider a nominated tree's size, age, species, whether it provides habitat to a species, its historical importance to a particular neighborhood and whether the tree itself is a prominent feature of the city's landscape.

Supporters of the bill say that it is much needed, noting that San Francisco has one of the lowest percentages of tree cover of any large American city. But opponents worry that the legislation will unfairly saddle residents with the cost of maintaining large and aging trees on their property.

Supervisor Fiona Ma, a member of the board's City Operations and Neighborhood Services Committee, voted against McGoldrick's ordinance on Monday and said she will vote no again when it comes before the full board for a vote on Jan. 10. Ma said the legislation would allow bureaucrats to "infringe on the rights of property owners."

After landmark status is granted for a tree, it could not be removed without a public hearing and approval from the Department of Public Works. Cutting down a landmark tree without permission could bring a fine as high as $1,000 and a requirement to pay for replacement of the tree.

In recent months, McGoldrick's proposed ordinance has attracted increased public attention after one of several trees used by a wild parrot flock on Telegraph Hill was cut down by a developer.

Mark Bittner, who wrote a book and participated in the making of a documentary film about the lives of the parrots, said tougher laws are needed to protect the cypress trees where the birds roost.

"We have to have more sensitivity to the rest of the beings we share this planet with," Bittner said. "They are my friends, and I see what happens to them throughout the day. They don't have anybody to speak for them. That's why I'm here."

Carolyn Blair, director of the San Francisco Tree Council, urged the committee to support McGoldrick's legislation.

"It is very important that our trees are protected -- and it's extremely difficult for individuals to protect their trees, especially when they're up against large developers," Blair said. "If our significant trees are not protected, it would take more than 30 years to regain the benefits that the public is receiving."

Board of Supervisors President Aaron Peskin hailed the legislation as important to change attitudes about the city's neighborhood green-scapes, whether they are on public or private land.

"Trees are habitat for other birds and are part of the quality of life of people in a city, in an urban area," Peskin said. People, he said, "should think twice before you say it's a hassle, it's blocking my view, let's cut it down."



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