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Tree Service Providers Licensing in 8 states
- New Jersey Board of Tree Experts
“Licensing legislation was proposed by industry groups and passed by the New Jersey legislature on January 16, 2010. The legislation is known as the Tree Expert and Tree Care Operators Licensing Act and on April 17, 2017, the Tree Expert and Tree Care Operators Licensing Law’s rules were adopted and promulgated.
The Act creates a licensing program under which individuals may become Licensed Tree Experts (LTEs) or Licensed Tree Care Operators (LTCOs) by passing an examination and demonstrating good moral character. Licensees will be required to complete continuing education requirements, abide by standards of professional conduct and ethics, and adhere to safety standards, as well as industry practice standards. No individual shall represent himself or herself to the public as a licensed tree expert or a licensed tree care operator or use any title, designation, word(s), letter, or abbreviations tending to indicate that such individual is a licensed tree expert or a licensed tree care operator without obtaining licensure as a tree expert by the Board of Tree Experts.”
NJ Arborists ISA -“Every company performing tree work in N.J. must have at least one employee who is licensed. In order to receive a license, people must meet certain minimum qualifications and then pass an exam”
- Minnesota
Tree Care Industry Association – ‘Most cities in Minnesota require arborists to be licensed by the respective city if the company wishes to perform tree work within the city limits. Many communities require tree care companies working on publicly owned trees to employ ISA Certified arborists and register with the community as a licensed tree care company
- Burnsville, Minnesota
TREE CONTRACTOR LICENSING – Issued To Any business that cuts, trims, prunes, removes, sprays or otherwise treats trees or shrubs
Wm Todd Barry, Bakersfild.com 2017 “In California, a state license is required to trim a tree taller than 15 feet, and the contractor is required to cover his crew with workers compensation insurance. If the tree trimmer is not a licensed contractor, the liability for workers’ injuries rests with the homeowner, who is considered to be the “employer.” In most cases, homeowners’ insurance policies do not cover injuries or deaths when unlicensed contractors have been hired. Injured workers and survivors can sue homeowners for damages.”
blog.davey.com -“Never assume you’re dealing with a licensed and bonded tree service—always ask! This is crucial, because if you hire a company or individual without these credentials, you could be held liable for any on-the-job injuries or damages to your tree and property. A reliable tree service should have no problem providing you with license and insurance information before taking on a job.”
- Connecticut
Commercial Arborist License – “An arborist license is required for persons advertising, soliciting or contracting to do arboriculture in Connecticut. As defined in the arborist law, “arboriculture means any work done for hire to improve the condition of fruit, shade, or ornamental trees by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods of improving tree conditions, or protecting trees from damage from insects or diseases or curing these conditions by spraying or any other method.” The licensed arborist is a supervisory pesticide applicator, with respect to the use of pesticides. For all intents and purposes “certificate” means “license.”
- Maine
Arborist Licensing – “Anyone performing arborist services in Maine must first obtain an arborist license. An arborist license allows an individual to work independently in arboriculture. Candidates for an arborist license must pass a test in either landscape, utility or both categories demonstrating knowledge, skill and capability to safely and professionally provide arborist services to the public.”
“All tree care professionals practicing in Maryland must obtain a license. Without a license, they may not practice or advertise tree care services in the state. To obtain a license, the applicant must possess adequate and related college education plus one year of experience under a LTE or have three years experience under a Licensed Tree Expert (LTE), then have passed an exam and carry adequate amounts of liability and property damage insurance. The license is a two year license renewed in December.”
- Rhode Island
“Rhode Island requires that all practitioners of arboriculture be licensed. The Urban and Community Forestry Coordinator oversees the licensing and exams for arborists working in RI. This includes all Tree Wardens, as defined in RI General Law § 2-14. In 2019 there were more than 700 arborists licensed in RI.”
- Louisiana
Louisiana Horticulture Commission
Arborist license – Authorizes the holder to make recommendations or execute tree surgery type work including tree removal, pruning, trimming, cabling, fertilization and cavity work. Licensees must enter into a written contract with property owners specifying work to be done and sum to be paid. Property owners should ask to see a current copy of the arborist’s certificate of insurance.
“Anyone doing tree work in Louisiana is required to obtain a license through the LDAF,” Strain said. “Hiring only licensed-professional arborists protects you, the homeowner, since licensed arborists are not only trained to properly execute tree work, but they must also maintain liability insurance.
- General comment
Stumped About Whether Your Tree Removal Pros Need a License – Amber Guetebier, Jan 9, 2022
Look for Proper Certification:
“Tree removal is a specialized service and can be dangerous work, so it’s wise to find a tree removal service with proper training. To determine qualifications, look for a tree service that holds an accredited certification from an industry-wide organization. The International Society of Arboriculture (ISA) and the Tree Care Industry Association (TCIA) offer certification in arboriculture. You can also search their database for certified arborists and verify their qualifications.Any reputable tree removal company will have at least one certified arborist on staff. Look for tree removal safety standards, such as a Certified Tree Care Safety Professional (CTSP) as well. In addition, tree removal companies should follow the proper tree removal guidelines as established by the American National Standards Institute (ANSI).”
Types of Insurance Coverage:
“There are different types of insurance coverage that a contractor may carry. When you contact their insurance company, clarify the specifics.
- Liability insurance ensures that the company will pay for damages to your home or possessions.
- Worker’s compensation insurance holds the company responsible, not you, if an employee is injured while working on the job. Not only does this protect you, hiring a contractor with its employee’s best interest in mind means they are more likely to follow safety guidelines.
Being bonded essentially means that whomever you hire has a line of credit in place that will guarantee that any work contracted will be completed or, if they are unable to perform the work, the bond issuer will reimburse you. Being bonded also means the company complies with permit regulations required to complete the job.”
IS Your Service Provider a Licensed, Bonder and Insured Tree Service provider?
“Insurance requirements will also vary from state to state. For example, in Minnesota, any business performing work on a tree over 12 feet tall must have workman’s compensation insurance. In Massachusetts, a landscaper’s insurance covers only 10 feet above the ground and is different from policies that specifically cover tree work.
Although every state has different requirements for licensed tree contractors, just as with any kind of service on your property, hiring a licensed, bonded contractor will protect you—and them—from potential injury or property damages.”
- Spokane, Washington – “Under Spokane Municipal Code (SMC) Section 10.25.010, a Commercial Tree Service License is required for any person or entity retained or hired to perform work on street trees in the City of Spokane Right-of-Way (ROW) or on public trees as defined in SMC 12.02.952.”
SDCI releases draft Tree Protection Ordinance update – Your chance to comment to SDCI
The Seattle Department of Construction and Inspections (SDCI) has released their long-awaited draft Tree ordinance. The current deadline to comment and respond to the draft and the SEPA Determination of Non-Significance (DNS) is March 3rd.
The Coalition for a Stronger Tree Ordinance, Friends of Seattle’s Urban Forest, Tree PAC and other groups will be holding a briefing on what’s in the draft and discussing a coordinated response to the City this Saturday.
You are invited to a Zoom meeting.When: Sat, Feb 26, 2022, 10:00 AM – noon Pacific Time (US and Canada)
Register in Advance for this meeting: https://us02web.zoom.us/meeting/register/tZItdOyuqzsiEtf7D2cozRNdBBMpNZyfN6MY
After registering, you will receive a confirmation email containing information about joining the meeting.
Quick comparison of drafts with current ordinance (SMC 25.11):
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SMC 25.11 – Tree Protection | ||
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large exceptional trees protected |
24″ DBH plus Director Rule |
24″ DBH plus Director’s Rule |
30″ DBH plus Director’s Rule. |
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trees on site plan |
12″ DBH and larger |
6″ DBH and larger |
6″ DBH and larger |
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estimate SF zone trees covered |
18% |
45% |
45% |
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SEPA appeal possible |
no |
yes |
yes |
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Replacement fee in lieu for developers |
yes |
yes |
no |
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in lieu fee goes to |
SDCI general budget |
Replacement and Preservation Fund |
no fund |
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exceptional trees that can be removed outside development |
none, unless hazardous |
none, unless hazardous |
none, unless hazardous |
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significant trees that can be removed by property owners outside development |
3 – 12″DBH trees/year |
2 significant trees in 3 years |
3 significant trees/yr |
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Developers required to replace significant trees |
Trees 12” DBH to 24” DBH |
Trees 6” DBH to 24” DBH |
No replacement required |
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register tree care providers |
Yes -separate bill |
yes |
no |
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permits for removing significant trees on private property |
Voluntary reporting |
yes |
no |
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2 week posting permits on site/on-line |
no |
yes |
no |
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tree inventory before building permit issued |
no |
yes |
no |
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tree replacement based on tree size for developers |
one tree upon maturity roughly proportional to canopy removed |
more trees required as removed tree diameter increases, 25 years to replace canopy lost |
one tree upon maturity that reaches equivalent canopy of removed tree |
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Tree replacement required for trees removed 1 year before property purchased |
no |
yes |
no |
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Maximize retention of significant trees during entire development process |
no |
yes |
no |
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Covers all land use zones in the city |
No –excludes industrial, downtown and others |
yes |
no |
Several major issues of concern with SDCI draft:
- reduces inventory of trees on development sites in single family from 45% to 18%
- makes all decisions by SDCI regarding implementation of SMC 25.11 final and not appealable to a Hearing Examiner
- does not require maximizing the retention of existing trees on development sites
- replacement trees by developers only 1 for1 no matter size of tree removed
- minimal inclusion of provisions recommended to be included by the Seattle Urban Forestry Commission
See more detail here Issues of concern on draft SDCI Tree Protection Ordinance Feb 17 2022.docx – Friends of Seattle’s Urban Forest
Send comments on draft and SEPA to gordon.clowers@seattle.gov – deadline Thur. March 3, 2022.
- Urge 2-week extension from March 3rd to allow people more time to analyze draft and respond
- Urge SDCI drop proposal to use Master Use Permit 1 classification when implementing SMC 25.11
Documents:
You can see all 2 additional links on draft Director’s Rules here – SDCI – NOTICE OF DETERMINATION OF NON-SIGNIFICANCE FOR THE TREE PROTECTION CODE UPDATE
Friends of Seattle’s Urban Forest
https://www.instagram.com/friendsofseattlesurbanforest/https://twitter.com/ForestsUrbanhttps://www.facebook.com/FriendsofSeattlesUrbanForestContributions to support our efforts are always welcome. Click here to donate.
Following Post is copied from Seattle Greenspace Blog – Seattle Office of Sustainability and Environment to help make information available to the public
Three Positions Available: Apply by
2/24/22 to Join the Urban Forestry
Commission
The City of Seattle is now accepting applications for three positions on the Urban Forestry Commission, a 13-member body established to advise the Mayor and City Council around policy and regulations related to protecting, maintaining, and preserving trees and vegetation in the City of Seattle. There are three open positions:
- Position #2 – Urban Ecologist (or similar)
- Position #3 – Natural Resource Agency or University Representative
- Position #13 – Community/Neighborhood Representative.
Commission positions ask for a time commitment of roughly 8-10 hours per month. In addition to meeting one of the positions above, applicants must also understand the impact racism and race-based disparities have on communities of color and have an interest in working to eliminate these disparities and advance equity. Applicants should also have an interest in collaborating with other community members to develop recommendations for tree canopy care and protection, while centering the communities most burdened by lack of access to tree canopy and its related benefits, and demonstrated ability to develop collaborative, productive, and respectful relationships with people from diverse educational, social, cultural, and racial backgrounds.
How to Apply:
If you are interested in collaborating with a team of community leaders working on improving the care and management of Seattle’s tree canopy for the benefit of the community while centering communities most impacted by health and educational injustices, please apply by February 24. For information on the open positions and to access the application, please visit our website.
For more information, please contact Patti Bakker, Interim Urban Forestry Commission Liaison, at patricia.bakker@seattle.gov.
About the Commission:
The Urban Forestry Commission was established in 2009 by Ordinance 123052 to advise the Mayor and City Council concerning the establishment of policy and regulations governing the protection, management, and conservation of trees and vegetation in the City of Seattle. Commission meetings are held twice a month on the first and second Wednesday from 3:00 p.m. to 5:00 p.m. Currently, meetings are being held remotely via Webex application (with access via either phone or computer). Commission members must live or work in Seattle and generally must commit approximately eight to ten hours per month to Commission business and serve without compensation. Additional information about the Urban Forestry Commission can be found at http://www.seattle.gov/urbanforestrycommission.
The thirteen-member UFC consists of a wildlife biologist; an urban ecologist; a representative of a local, state, or federal natural resource agency or an accredited university; a hydrologist; a certified arborist; a representative of a non-profit or non-governmental organization; a representative of the development community or a representative from a non-city utility; an economist, financial analyst, or Washington State license real estate broker; a Get Engaged young adult; an environmental justice representative; a public health representative; and a community/neighborhood representative.
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In 2007, Seattle, Washington in their Urban Forest Management Plan set a goal to reach a 30% canopy cover by 2037. The most current canopy cover analysis done in 2016 stated that Seattle has a canopy cover of 28%. Several issues with this study. Canopy was measured at eight feet above the ground which includes many shrubs that grow over 8 feet tall like laurel and holly and other hedge shrubs. Many of these are also invasive plants in Seattle.
An additional issue is that the true measure of canopy value is canopy volume in terms of ecosystems services, not canopy area. Small trees planted to replace a 100 tall Douglas fir or western red cedar may cover the same surface area but will never replace the benefits that mature large trees provide.
The current canopy cover goal was a 30-year goal set in 2007 in the Urban Forest Management Plan that was added in Seattle’s Comprehensive Plan. They were estimating at that time that the current canopy cover was at 18% and to reach a 30% canopy they needed to plant some 649,000 more trees. What does not appear to be considered is tree survivability and replacement tree species (size) or when the trees needed to be planted to grow to the desired canopy cover. Trees planted 30 years ago would have had 14 years of growth to date and in 2037 be over 30 years old. Trees planted in 2030 would only have 7 years of growth toward the canopy goal.
From the 2007 Seattle Urban Forest Management Plan see pages 57-58
“How Did We Derive Cover Goals?
American Forests, a leading urban forest management, conservation and research group, measured tree cover in 440 communities. Their research recommends that a canopy cover goal of 40% would be appropriate for Seattle and other cities in the Pacific Northwest.
In developing canopy cover goals for Seattle, the Urban Forest Coalition started with the American Forests recommendation and went through the following process to define an ambitious but doable goal for the Urban Forest Management Plan 30-year planning horizon (Table 5):
• Considered American Forests’ recommendations and benchmarked with other cities
• Considered land-use mix in Seattle and other City land-use goals (e.g. encouraging density, facilitating freight mobility, etc.)
• Considered current canopy cover and planting opportunities
• Defined goals for each land-use type 52
• Factored in the percentage of the total land base within each land-use type and individual land-use goals to calculate the recommended citywide goal of 30%
• Consulted with external experts from other cities, consultants, the University of Washington, and the public.”
Table 5. Canopy Cover Goals by Management Unit (MU)* – see page 58
Table 7. City Wide Management Unit Data – see page 68
also – Canopy Cover Goals for Seattle by Management Unit – see page 14
American Forests recommended a 40 % canopy goal for most cities at that time.
Seattle was mistakenly stated by some to have a 40 % canopy around then. The canopy analysis done by American Forests at the time was on King County, not Seattle specifically. All of Seattle, except for Schmitz Park and Seward Park, has been clearcut, is second or third growth and was not at 40% in the 70’s.
In 2017 American Forests released the following – “Why We No Longer Recommend a 40% Urban Tree Canopy Goal” The article basically says one size does not fit all because of varying state environmental conditions.
The good news for Seattle is the following statement in that article – “Within those parameters, quantifiable data can be used so a tree canopy goal achieves specific objectives, such as reaching the canopy percentage necessary to reduce urban heat island temperatures to a specific range, or to reduce stormwater runoff by a projected amount. According to a national analysis by U.S. Forest Service researchers David Nowak (also on our Science Advisory Board) and Eric Greenfield, a 40-60 percent urban tree canopy is attainable under ideal conditions in forested states.”
The UFC supported and pushed for maintaining an aspirational goal of 40% canopy cover in Seattle in the latest Comprehensive Plan but be certain the city will probably again try to remove this goal. Seattle is currently working on updating their Comprehensive Plan with a release in 2024 state deadline. Minimally the UFC should push for 30% by 2030 which allows for 9 years of growth of trees planted in 2021 and retaining as many existing trees as possible. The 2030 timeline fits with the city’s other adopted ambitious climate goals being set for 2030. We do have a climate crisis and the city has no set plan as to how it can reach 30% besides planting maybe several thousand trees a year on private property. We do not need to wait for another LIDAR study. We have a significant lack of trees in south Seattle that needs to be addressed regardless of what our current canopy citywide is. It is an environmental justice and equity issue because higher temperatures due to the Heat island Effect can and does kill people..
Here are some tree canopy cover figures for other cities in Washington State and around the US on the Friends of Seattle’s Urban Forest website – Canopy Cover
The current 30% goal is actually a macro goal. In terms of tree canopy needs, where trees need to be planted is in low canopy areas, which are mostly low income and minority areas, which in large part correlates with previously redlined areas. Also industrial areas have low canopy. These areas are also the ones that have experienced the greatest heat island impacts – which can be deadly to people living and working there. What is really needed is a targeted goal to add trees and canopy in to these low canopy areas that are low income and BIPOC communities in south Seattle that are identified by higher temperatures caused by the heat island impacts.
As part of Seattle’s climate crisis response it needs to target these low canopy areas. It needs to set a goal to plant and grow the needed trees there. The timeframe needs to be shortened to 2030 to match other city goals to address the climate crisis response by 2030.
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We need your help to increase protection for urban and community trees and forests in Washington State. HB 1216 has been introduced by Rep. Ramos and 8 other sponsors in the Washington State Legislature. It is a high priority bill to pass this session.
HB 1216 would direct the Washington State Department of Natural Resources (DNR) to assist Washington cities and towns and counties in our state conducting tree inventories and canopy analysis, developing Urban Forestry Management Plans and drafting local Tree Ordinances.
This bill was requested by the Department of Natural Resources and is supported By Governor Jay Inslee. Governor Inslee has earmarked $2.1 million dollars in his proposed State Budget to support DNR’s efforts to increase protection for trees and urban forests. HB 1216 would help the state meet its goals of increasing climate resilience, protecting human health and addressing environmental equity.
HB 1216 is scheduled for a hearing on Tuesday, Jan 26 at 10 AM in the House Rural Development, Agriculture and Natural Resources Committee. To stay alive in the session, HB 1216 has to be voted out of the committee by Feb 15, 2021 and then out of the Appropriations Committee by Feb. 22, 2021.
The quickest and easiest way to let committee members know you support this bill is to send them an e-mail via Action Network. We have written a short e-mail draft supporting the bill to which you can add your own comments to personalize the message. With one click it will be sent to all the Committee members as well as the bill sponsors.
Submit Public Comments Now!
Thanks for your help.
Steve Zemke – Chair
Friends of Seattle’s Urban Urban Forests
stevezemke@friends.urbanforests.org
PS – Committee sign in – House Remote testimony-
You can additionally go to the Committee’s website on the hearing to sign up in support of the bill, submit written testimony online and/or testify in person via zoom. To speak you must sign up at least 1 hour before the hearing starts, and if time permits have 1 -2 minutes to speak, depending on how busy their hearing is. Written testimony submitted via this site is given to committee members and becomes part of the record.
Bill information – HB 1216 – Go to this legislative page to see the proposed text of HB 1216, to see the sponsors of the bill, the House Bill analysis, the history of the bill, to indicate your support for the bill, to send an e-mail of support to your own Legislative District Legislators and to sign up to get e-mail notifications of any changes in the bill’s status.