The city's forestry program is guided primarily by the following:

• City Code 90.05 Regulation of Grass, Weeds, and Trees along Streets, updated March 2, 1995
• City Code 130.15 Shade Tree Disease and Shade Tree Pest Control and Prevention, updated December 10, 2009
• Forestry Specifications Manual, adopted in 2009
• City Code 151.112 (Zoning) Landscaping Requirements, updated April 3, 2018 
• City Code 151.113 (Zoning) Tree Preservation Regulations, updated April 3, 2018
• Emerald Ash Borer Plan, adopted in 2015

Subsequent to the adoptions and over the years of managing the forestry program under these different regulations and guides, several issues, changes, and/or typical practices have been identified that warrant consideration. 

City Code 90.05

City Code 90.05 contains the rules for the city to follow when property owners fail to comply with the certain maintenance of grass, weeds and trees. Specific to trees, it prescribes trimming, cutting, or removing of hazardous private trees that abut a street (e.g. not a boulevard tree but the tree behind the street right-of-way line) is the responsibility of the property owner. However, longstanding practice has been for the city to remove branches or shrubs that overhang the city's street and alley right-of-ways as part of the city's routine management practices, either performed by city crews or contracted out as part of the annual tree trimming services. Additionally, if an overhanging limb of a private tree has been determined to be hazardous and the property owner does not removed it in a timely, the city has simply removed the overhanging hazardous limb (and not assessed the property owner for removal as prescribed). The revised language would continue the current practice as described above versus assessing the costs back to the owners. 

City Code 130.15

City Code 130.15 contains rules and guidance pertaining to trees threatened by diseases or pests, both private and public trees. Specific to private trees, the city enforces these rules mostly on a reactive basis. The rules are generally clear when a diseases or pest can be identified in a hazardous tree. However, it can be sometimes difficult to specifically identify a disease or pest in a dead or dying tree. In those instances, many times the tree is undoubtedly a hazard, but if not able to identify a specific disease or pest, the city's ordinance does not necessarily give authority to cause for the removal of the dead tree (or part thereof). The revised language would allow the city to take action to have the hazardous tree or limb removed regardless of the cause of the dead tree or dead limb that is causing the hazard.

Forestry Specification Manual

The Forestry Specification Manual is a guideline for planting, maintaining, and removing trees and was adopted in 2009.  The attached specifications have been reviewed with recommended updates to include technical changes, updates to align with current city code and proposed revisions to city code, updates to align with standard practice, and other miscellaneous updates.

Emerald Ash Borer Plan Update

In January 2021, the Minnesota Department of Agriculture (MDA) informed city staff of an EAB infestation within the city and a press release was issued to communicate this to the public.  As a result of the discovery, the MDA has labeled a portion of the city with the status of "general infestation". A quarantine had previously been established for all of Scott County pertaining to firewood and transportation of ash tree wood. Subsequently to the original discovery, additional infested public ash trees were discovered and removed as part of the city's 2021 pruning project within the downtown area.

With EAB infestations in many neighboring cities, it was only a matter of time until this insect was discovered in Shakopee. Under this pretense, the City Council proactively developed and approved an EAB Management Plan in 2015 to develop strategies and prepare for the impacts associated with EAB. The approved plan was to treat the best ash in parks and boulevards and replace the remaining. Now that EAB has been confirmed in the city, an overview and update of the city's program is being provided. In 2015, there were estimated to be 1,921 inventoried public ash trees. Since 2015, 484 ash trees have been removed, 542 ash trees are treated and 895 untreated public ash trees remain highly susceptible to EAB. As part of the city's public outreach and educational efforts, an EAB Management Plan Summary with figures showing the public ash trees that are treated and not treated has been developed and is attached.

A presentation will be given at the meeting outlining the forestry recommended revisions and EAB program as outlined above. With the council's general concurrence, the City Code revisions and the updated Forestry Specification Manual would be brought back to the council at a later date for formal adoption.