SPONSOR: Rep. Cloutier & Rep. Valihura

HOUSE OF REPRESENTATIVES

140th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 678

AMEND House Bill No. 678 by striking lines 3 through 22 thereof in their entirety and by inserting in lieu thereof the following:

"(h) Whenever the Department of Transportation constructs a new highway on new alignment, or adds an additional through lane or lanes on any existing arterial highway in this State, the Department shall plant new trees or replace trees to be removed in order to execute the plans therefor. The Department shall incorporate into the cost of such project an amount equal to at least 3% of the construction costs of the project, designated specifically for planting new or replacement trees. If trees are to be removed in order to execute the plans, then replacement trees must be planted for every tree that is removed under the following terms and conditions:

    1. Two replacement trees shall be planted for every tree that is removed.

    2. The replacement trees shall be planted on existing right-of-way for the project, or project right-of-way for the project, or project right-of-way acquired for this or other purposes.

    3. No tree shall be replaced unless its current size exceeds 3 inches in diameter measured outside the bark at 4 feet 3 inches above ground level.

    4. No tree determined to be an invasive species shall be replaced in kind.

    5. Replacement trees to be planted within rights-of-way shall be species suitable for use in such areas, using the list maintained by the Department for these purposes, and shall be a minimum of 1.5 to 3 inches in caliper by nursery size designation, depending on tree species, to promote transplant survival.

    6. If the Department determines, through use of a horticulturist, professional landscape architect, or other appropriate professional advice that other landscaping or planting activities would be more appropriate than planting replacement trees at the project location, the Department shall plant such replacement trees as determined by such advice, and use the remainder of the designated project funds for tree replacement for other landscaping or planting activities. As used herein, ‘other landscaping and planting activities’ means the use of groundcover species appropriate for the area as described in the Department’s landscape policies developed in conjunction with the Delaware Center for Horticulture, as well as grass or sod.

    7. The placement of any new trees must be in compliance with federal law and regulations and Department design specifications relating to obstructions in the right-of-way and the distance such trees must be planted from the travel lanes of the roadway for safety purposes.

    8. If the Department determines that planting a project’s replacement trees on existing or acquired project right-of-way is not practical and feasible, it shall either plant the replacement trees on other suitable right-of-way it manages or controls within 3 miles of the project, or apply the equivalent project costs for such trees to establish a wildlife habitat for rare species, as certified and recommended by the Department of Natural Resources and Environmental Control."

SYNOPSIS

This Amendment modernizes an existing law and creates a 3% set-aside for three replacement on major DelDOT projects, defined as adding new through lanes on existing arterials or during the construction of new highways on new alignment. This Amendment requires a 2:1 replacement of any trees removed for such projects; prohibits the planting of invasive species, as current policy prohibits; defines tree sizes to ensure transplant survivability and the scope of the replacement activity; regulates the location of the replacement plantings to assure traffic safety; permits the use of appropriate groundcover in locations that professional advisors suggest would be better suited than trees, in coordination with landscape policies developed with the assistance of the Delaware Center for Horticulture; permits alternative locations for replacement trees where it is not practical and feasible to plant them within the project area; and allows the use of the equivalent funds for such purposes to be used to establish wildlife habitat for rare species, in cooperation with DNREC.