According to the city code, any tree that is 48 inches or more incircumference when measured 54 inches above grade is already protected. If a tree does not yet meet that measurement standard, then it can be nominated by sending a letter to the city arborist. The letter should include things that make the tree 'unique and of importance to the public due to its unusual appearance, location, historical significance or other factor.' See www.burlingame.org for the full code.
While the code may appear simple and sufficient, it has been easily manipulated. Burlingame has lost dozens of trees that one might think are protected by the Heritage Tree Ordinance. If the tree is in the way of a project it is often in danger regardless of its size or beauty. Developers simply get a permit to remove a Heritage tree by agreeing to replace it with a 24 inch box tree that will take decades to fill the void.
It seems the fines for cutting down a Heritage tree without a permit are small by comparison. Profits from scrapeing a house and lot are much greater than the fine.
When you see a house with a Heritage tree go up for sale, you can start to safeguard it by sending the realtor a letter identifying the tree as meeting the City's definition of a Heritage tree. Realtors must then disclose that fact to buyers.
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