Fort Collins Considers 3-Year Timeline for Developers to Replace Dead Trees

Fort Collins will require developers to maintain newly planted street trees for three years before the city assumes responsibility, creating a clear deadline intended to resolve longstanding disputes over who must replace trees that fail after development projects are completed.

The Planning and Zoning Commission voted 7-0 on October 16 to recommend City Council adopt the establishment period as part of comprehensive tree policy updates. City Council will consider the changes at first reading October 21, with second reading potentially scheduled for November 3.

"We're trying to create a set timeline of three years and the development would be responsible for replacing those trees within that three year period," said Noah Beals, Fort Collins development review manager. "When we get to the end, they should be done and the city will take over the responsibility."

Fort Collins currently has no defined period for when the city takes over maintenance of street trees after development is complete, according to city planning documents. The ambiguity has created confusion between developers, contractors and city staff about responsibility for watering, pruning and replacing failed trees.

Inspection Standards During Establishment Period

City arborists will monitor tree health throughout the three-year establishment period, with developers required to maintain a survival rate of 80-90% for newly planted trees, according to Fort Collins forestry staff. Trees found dead, severely declining or with fatal structural damage must be replaced by the developer before the city accepts maintenance responsibility.

Kendra Boot, Fort Collins city forester, said certified arborists will determine whether trees are "surviving or thriving" based on professional standards for canopy health and root establishment.

"We're looking for tree health. Is the tree thriving, surviving and so forth," Boot told commissioners. "We also have some other instances where trees are damaged in developments and those are also within that time period would be required to be replaced before the city takes them over."

The inspection criteria align with Colorado State Forest Service guidelines recommending establishment periods of two to three years under regular watering and care, according to city planning documents.

Policy Mirrors Front Range Cities

The three-year establishment period matches policies in Boulder, Denver and other Front Range communities, which typically require developers to maintain trees for two to three years with 80-90% survival rates before cities accept long-term maintenance responsibility, according to Fort Collins work session materials.

Boulder and Denver both conduct city inspections for tree health, structure and root establishment during the establishment period. These municipalities require developers to replace dead or failing trees within the establishment window before transferring responsibility to municipal forestry departments.

The Fort Collins policy aims to improve predictability for both developers and city staff by eliminating ambiguity about maintenance handoffs. City documents describe "repeated disputes" and "unclear handovers" under the previous undefined system that led to trees dying before responsibility was transferred, with costs and accountability unresolved.

Additional Tree Policy Changes

The establishment period is one of five tree policy updates recommended by the Planning and Zoning Commission. Other changes include establishing a commercial tree removal permit for trees 15 inches in diameter or larger, updating tree protection standards during construction, simplifying exemptions for undesirable tree species and revising tree mitigation requirements to incentivize preserving larger trees.

The broader tree policy updates also address enhanced tree planting measures such as Silva cells, low-impact development improvements and wider parkways that could qualify for reduced mitigation fees under the proposed changes.

Fort Collins allocated resources for a forestry zoning inspector position that has improved tree inspection processes, according to Boot. That inspector tags trees at nurseries, marks planting locations and conducts inspections during and after installation to ensure proper planting techniques.

"There's a lot that goes into the front end of the tree getting planted and then there's inspection over the three year period that we're proposing to make sure that those trees are still in good condition," Boot said.

Planning Commissioner Ted Shepard praised the policy updates as reflecting lessons learned since Fort Collins adopted its current land use code in 1997.

"This is a great experience in learning as we go and improving the code and responding to conditions that we've discovered through not only the existing part of our community, but the developing parts as well," Shepard said.

For questions about the tree policy updates, contact Kendra Boot, city forester, at 970-221-6660 or [email protected].