New Orleans Comprehensive Zoning Ordinance
Printed: 9/23/2023 10:46:46 PM
23.10 Tree Preservation
A. Approval of a landscape plan requires preservation of all public right-of-way or street trees with a diameter at breast height of over six (6) inches, subject to the exceptions granted in this ordinance. Such trees shall be protected during construction in accordance with the requirements of the City Code and the Department of Parks and Parkways Section 02480 “Landscape Protection During Construction.”
B. Trees may only be removed in one (1) of the following situations. The Executive Director of the City Planning Commission, as part of landscape plan approval, may approve tree removal. The Director may consult the Department of Parks and Parkways to verify that tree removal is necessary.
1. The tree poses a hazard. In order to verify that a hazard exists, the City may require a tree hazard assessment to be performed by a qualified arborist.
2. The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure.
3. The roots of the tree are causing damage to paved areas or sewer and plumbing lines.
4. The tree has an incurable disease or pest infestation that cannot be eliminated. The City may require this condition to be verified by a qualified arborist.
5. The tree is out of keeping in character with a proposed comprehensive landscape plan or with an otherwise cohesive existing landscape.
6. The tree has been damaged to the point that it cannot recover and grow properly, or it will grow in a misshapen or unsightly manner.
7. The Executive Director of the City Planning Commission determines that the removal of the tree is necessary to carry out construction in compliance with approved plans.
C. A tree that is removed shall be replaced with a tree of a species and in a location to replace the removed tree without posing the hazards for which the tree was removed.
D. The Executive Director of the City Planning Commission may allow trees to be replaced with other types of landscape if one (1) of the following conditions are met:
1. The property includes other trees that provide sufficient shade so that additional trees are not necessary.
2. If a replacement tree would be out of character in conjunction with an approved landscape plan.
3. If in the opinion of the Executive Director of the City Planning Commission there is no suitable location on the property for a replacement tree.
E. Clear-cutting of forests is prohibited, unless the property owner has an forest management plan, prepared by a licensed forester, which includes a replanting plan. The forest management plan shall be approved by the State Department of Agriculture.