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A tree removal permit need not be obtained prior to removal of trees under the following circumstances, and as determined by the city upon review:

A. Commercial Nurseries, Christmas Tree Farms, or Horticultural Properties. A tree removal permit is not needed prior to the removal of trees from commercial nurseries, Christmas tree farms, or horticultural properties such as farms, nurseries, or orchards. This shall not be interpreted to include timber harvesting incidental to imminent development of the land.

B. Public Rights-of-Way. A tree removal permit is not needed prior to the removal of trees on public rights-of-way conducted by or on behalf of a federal agency, state agency, or the city of Lynnwood in pursuance of its lawful activities and functions for construction, improvement, and maintenance of public rights-of-way.

C. Overhead Utility Lines. The city of Lynnwood acknowledges that trees may become hazardous when growing in or near overhead electrical lines, and may need to be trimmed, pruned, topped, or removed in order to reduce or avoid harm to life and property. A tree removal permit is not needed prior to the removal of trees when an electrical company, or their designated representative, has identified a hazard and/or must remove trees in order to perform the duties mandated in WAC 296-24-960, 296-24-95601, and 296-44-31719. However, notice shall be given to the city prior to tree removal.

D. Diseased or Dead Trees. A tree removal permit is not needed for the removal of diseased or dead trees, unless the cause of death was found to be deliberate, or due to negligence during construction activity.

E. Hazard to Life or Property. A tree removal permit is not required for the removal of any tree which becomes or threatens to become a danger to human life, or causes damage to property. (Ord. 2481 § 4, 2004)