Read the full stored bill text
ENROLLED ORIGINAL
1
A RESOLUTION
26-177
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
July 14, 2025
To declare the existence of an emergency with respect to the need to amend the Urban Forest
Preservation Act of 2002 to require that the Mayor issue a permit for the removal of a
Heritage Tree abutting or within the site of the Long Bridge Project under certain
conditions.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Long Bridge Project Emergency Declaration Resolution of
2025”.
Sec. 2. (a) The Long Bridge crosses the Potomac River to connect the District to
Arlington, Virginia. The Long Bridge is used by CSX Transportation freight trains, Amtrak
intercity trains, and Virginia Railway Express commuter trains.
(b) The Long Bridge Project will add a new two-track railroad bridge next to the existing
bridge, eliminating a major bottleneck for rail transport (both passenger and freight) through the
mid-Atlantic region. The Virginia Passenger Rail Authority (“VPRA”) is currently managing the
project, though the project’s development was original led by the District Department of
Transportation (“DDOT”) from 2011 through 2020. The project will also add a dedicated bicycle
and pedestrian bridge over the Potomac River, linking Arlington’s Long Bridge Park, the
District’s East and West Potomac Parks, and the Mount Vernon Trail. In sum, the project will
increase regional rail capacity, improve passenger rail service, enhance pedestrian and bicycle
connectivity between the District and Virginia, and boost the regional economy.
(c) Unfortunately, the project has encountered an obstacle with respect to an American
Elm tree that is located within the footprint of the project. Specifically, there is an American Elm
tree that sits between Maine Avenue, SW, the Washington Marina, and the Maine Avenue
pedestrian bridge that must be either protected in place, relocated, or removed for the project to
move forward, since there is no reasonable design alternative that could avoid this location.
(d) Given the tree’s size (its circumference is 126.3 inches), it qualifies as a “Heritage
Tree” under District law. It, therefore, cannot be completely removed unless it is demonstrated to
be a Hazardous Tree, or of a species that DDOT has determined is appropriate for removal. The
American Elm tree impacting the Long Bridge Project is neither a Hazardous Tree nor of a
species that is appropriate for removal. Removal is, therefore, not an option under current law.
ENROLLED ORIGINAL
2
(e) DDOT’s Urban Forestry Division (“UFD”) has examined the tree and does not
believe protecting the tree in place while construction moves forward is feasible. Much of the
tree’s critical root system is within the footprint of the new rail bridge abutment. The
construction will likely damage the root system and irreparably harm the tree. Given that
attempts to protect the tree in place will likely result in its destruction, DDOT is unlikely to issue
a permit under that condition.
(f) District law allows for the relocation of a Heritage Tree if the tree can be moved
“without significant harm to the tree.” However, if the tree dies within 3 years of replanting, the
person or entity who relocated the tree is subject to a fine.
(g) Unfortunately, relocating the tree presents another series of issues. First, because the
tree is located between 2 bridges on Maine Avenue, SW with low clearance, DDOT is limited to
one potential relocation site—a traffic median 700 feet east of its current location. DDOT
recently planted approximately 40 trees at this site, and those newly planted trees would need to
be removed prior to the relocation of the American Elm. Additionally, the relocation will require
a closure of Maine Avenue, SW, for up to 48 hours, closures of the Maine Avenue Pedestrian
Bridge, sidewalk, and Washington Marina parking spaces while the tree is being transported and
replanted in the new location. Relocation will still require that VPRA coordinate with UFD to
monitor the tree’s health after relocation, including monthly arborist inspections and periodic,
single-lane closures of Maine Avenue. VPRA estimates that the total cost for relocation is
approximately $3 million. All told, there will be significant costs and inconveniences associated
with relocating the tree, including the destruction of dozens of younger trees.
(h) The fine for illegally removing a tree, or relocating a tree that dies within 3 years, is
$300 for each inch of the tree’s circumference. Here, the fine for illegal removal or relocation
would be approximately $37,890. While those costs are not insurmountable for the Long Bridge
Project, a violation of the Heritage Tree protection laws also results in the denial of construction
permits for 3 years, which would essentially halt work on the project.
(i) VPRA is willing to pay an increased fee to remove the tree, so long as it would allow
the Long Bridge Project to move forward.
(j) This emergency legislation would allow for the removal of a Heritage Tree if the tree
abuts or lies within the site of the Long Bridge Project. An applicant for a removal permit would
also need to demonstrate that the tree cannot reasonably be protected in place and that relocation
would either cost more than $1 million or unreasonably burden the public (e.g., road and
sidewalk closures). Finally, the applicant must agree to pay $1,200 per each inch of
circumference of the Heritage Tree to be removed.
(k) This emergency legislation is necessary to allow the Long Bridge Project to proceed
without unreasonable delays or significant additional costs.
ENROLLED ORIGINAL
3
Sec. 3. The Council of the District of Columbia finds the circumstances enumerated in
section 2 constitute emergency circumstances making it necessary that the Long Bridge Project
Emergency Amendment Act of 2025 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.