§ 2-15-8 - Permits for cutting or removal of plants or debris – Replacement of damaged or removed trees.
SECTION 2-15-8
§ 2-15-8 Permits for cutting or removal ofplants or debris – Replacement of damaged or removed trees. – (a) Whenever any person, firm or corporation other than a tree warden or his orher deputy, or an authorized agent of the department of transportation, or anauthorized agent of the department of environmental management, or anauthorized agent of the park commission of any town or city desires the cuttingor removal, in whole or in part, of any public shrub or ornamental or shadetree, or the burning of any rubbish or debris upon any public highway or in anypark or public grounds, that person, firm or corporation shall apply in writingto the tree warden or the department of transportation, the department ofenvironmental management, or the park commission of any town or city, as thecase may be, for permission to do the cutting, removing or burning and shallobtain a written permit before the cutting, removing or burning shall commence.
(b) When the application is made for the cutting or removalof trees along any public highway for the purpose of moving, constructing ordemolishing any building, the permit shall contain a provision that theapplicant shall replace any trees that are removed or in the opinion of theissuer are substantially damaged in the process at his or her own expense andfile a bond in an amount and with surety suitable to the issuer of the permitto assure performance of the same. The sum of the diameter of the replacementtrees shall be substantially equivalent to the sum of the diameters of thetrees which were cut or removed, and shall be planted within the immediatecommunity area.
(c) Any person, firm, corporation or governmental entity thatremoves or substantially damages, in whole or in part, any tree on publicgrounds shall replace the tree with a substantially equivalent tree or trees,the sum of the diameters of which are equal to twice that removed or damaged,in the immediate vicinity of the tree removed or damaged. This subsection doesnot apply to a public utility or its authorized agent when the work beingperformed is in accordance with a written tree trimming and tree replacementprogram filed with and approved by the tree warden in the municipality wherethe work is being done or by the state forester for work to be performed onstate land and in municipalities that do not have functioning tree wardens.