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Re: Protect all trees

Subject: Re: Protect all trees
From: Scott Cullen
Date: Jan 04 2005 11:49:07
At the risk of repeating what may already have been said in one of the 10
messages I've not opened.....
Connecticut has a mandatory arborist license. Has had since ~1923. I've
had the license simce 1976. Over the years the courts have been reluctant
to enforce since they do not want anyone to "be deprived of livelyhhood."
It was really a trade license more than a professional charter. But
planning laws while enabled by statewide statute (the 50 states in turn
enabled by the US Constitution... the key Supreme Court case supporting
Zoning laws if anyone is really interested was Euclid v Cincinnati, a land
mark opinion writtem by Mr. Justice Oliver Wendell Holmes) vary town by town
or city by city. And tree protection (private trees anyway) in development
varies with thse local regs. And in CT tree removal as opposed to care is
not regulated by license.
Maryland also has a license. Seprately it has a statewide Forest
Conservation Act that applies to all developments above a minimum lot size
(1-2 acres I think).
In Califoirnia many communities have enacted tree protection provisions that
require planning apps to include an arborist's plan and to have it reviewed
by another arborist on the community's behalf. Often the arborsit is
required to be ISA Certified. Some require ASCA Registered Consulting
Arborist. It will be interesting to see what impact the new ISA BCMA has.
In any case, I think the observation that it may depend on the regional tree
stocking is pretty accurate. In a heavily wooded region protection of every
tree is not necessary and there is no public will for it. In regions with
sparse tree cover the opposite may be true. There is always a balance
between the benefit or percieved benefit of regulation and the cost of
implementing it. Protection that there is no budget or workable mechanism
to enforce does not work and encourages civil disobedience. And if it leads
to selective or discriminatory enforcement, at least in US courts, it may
get overturned leaving things worse off than when they started.
----- Original Message -----
From: "Andy Johnson" <andytree@xxxxxxxx.com> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Tuesday, January 04, 2005 2:33 AM
Subject: Re: Protect all trees



These laws do exist and work albeit perhaps not in tandem or in the same
country.
For example Berlin Germany has city wide tree protection similar to our
CA's 
and one of the US states whose name escapes me at this early hour has a
licensing system for arborists.

Implementing one or both of these in the UK would have it's cost
implications and I am certain that because of that they simply aren't
going 
to happen but that's more to do with the vagaries of political will than
practicality.

I recently discussed the notion of a licensing system for arborists with a
man from the HSE who will remain nameless. He drew parallels with the
CORGI 
(gas fitters) system and said that we didn't kill nearly enough people for
the government to implement such a scheme. It would seem that we aren't
bad 
enough to warrant licensing.

Andy
----- Original Message -----
From: "chris skellern" <chris.skellern1@xxxxxxxxxxx.com> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Tuesday, January 04, 2005 7:03 AM
Subject: Re: Protect all trees



Ok, so only the registered  arborists are submitting the applications
but........hang on....... there are still the same number of applications
being made so the work load for the LA's is the same??!   Is it not??

Nice concept 'arbor' but I doubt very financially viable........

Maybe in some countrys with less trees it could work. When I was

hitchhiking

through Portugal 15 odd years ago, I was told that they had such a law

(with
the exception of Eucalyptus), not sure if it was true, or it may have
been 
only applicable to the Cork Oak's?


CS
----- Original Message -----
From: "arbor" <arbor@xxxxxxxxxx.co.uk> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Monday, January 03, 2005 10:33 PM
Subject: RE: Protect all trees


Yeah no problem if the only peeps allowed to submit apps were registered
arborists with a licence that needed reviewing every 3 years, bet a pound

to

a penny the safety record of the industry would improve as well.

-----Original Message-----
From: chris skellern [mailto:chris.skellern1@xxxxxxxxxxx.com]
Sent: 03 January 2005 15:03
To: UK Tree Care
Subject: Re: Protect all trees

I think the LA's would have an incredible amount of work to do processing
tens of thousands more requests to do tree works. And would it not be a

tad

unreasonable to Joe Pub having to wait 6 weeks each time?
----- Original Message -----
From: "Paul Durkan" <pdurkan@xxxxxx.co.uk> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Monday, January 03, 2005 2:17 PM
Subject: Protect all trees


I don't think the Tree Preservation Order system works very well; fine

trees

get felled because local authorities lack resources; a lot of time and

money

gets spent on tortuous and tedious arguments about whether or not trees
are/were protected at certain points in time. I could go on.

As an excellent alternative, I propose scrapping all TPOs, and amending

the

Conservation Area legislation to cover the entire country (including her
majesty's estates), thereby protecting all UK trees over, erm, is it 15cm
girth (I'm afraid I can't remember).

Does anyone agree with me?


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