PRESS RELEASE

CITY OF BLACK DIAMOND

OFFICE OF THE MAYOR


In May of this year, developer YarrowBay notified officials of the city of Black Diamond that
its contractor had removed a number of significant trees in violation of city code. In 2008 the City
Council enacted new laws protecting and preserving significant trees located in the city. This law
requires that a tree removal permit be obtained prior to removal of significant trees, unless the tree is
otherwise exempt. According to YarrowBay, its contractor performing work on Yarrow Bay property
for future construction of an infiltration pond removed a number of significant trees without first
applying for a tree removal permit and without their knowledge or permission.
City staff responsible for enforcing the tree preservation code met immediately with YarrowBay
officials and inspected the site, which consisted of three affected areas, each of which was less than 1/4
acre in size. This area is over 1/2 mile south of Auburn-Black Diamond Road and is not viewable from
any public roadway or private property. City staff observed that the majority of the approximately 113
felled trees were primarily Douglas firs and were not of sufficient size to constitute significant trees as
defined in Black Diamond Municipal Code 19.30.
Last year, the City adopted a new ordinance centralizing code enforcement provisions under
Chapter 8.02 of the Black Diamond Municipal Code. This new chapter provides for the prompt and
voluntarily correction of code violations. In this case, the property owner proposed that it correct the
violation by making application for a permit and pay $6,150 into the tree fund, the amounts specified
for removal of 113 significant trees. City staff determined that if a tree permit had been applied for
prior to the tree removal, the permit would have been granted and that the proposed correction met the
remedial goals of the tree preservation code and was consistent with the policies under the new code
enforcement provisions for prompt and voluntary correction of the violation.
The mayor and City Council were notified of the violation by Yarrow Bay representatives
during public comment at the May 20 City Council meeting, and have subsequently been informed of
the action taken by city staff to resolve the violation. Although there has been much public comment
on this issue during subsequent City Council meetings, the decision making authority regarding the
appropriate enforcement action to be taken resides in the executive branch of government. The mayor,
after reviewing all of the facts and circumstances has determined that the enforcement action taken was
appropriate and that no further action is necessary.