SEATTLE — The fight to save Luma the Cedar and Doug the Fir has opened up a wider conversation about how property owners/developers are able to obtain permits to cut down trees in Seattle.
Activists have specifically honed in on Legacy Group Capital and its CEO Scott Rerucha. His comments in this video have incensed many who believe he has an unfair advantage in getting approval to cut down trees in the City of Seattle. The direct quote from the video is below:
“I mean, we have one guy here who was the top guy at the city who approved all the permits in the City of Seattle for years. He was top guy. He’s on our team now and guess what? When we call and try to get stuff in permitting and talk to the people in permitting, this is the guy they used to all work for and so, it’s a big deal. Now, we had to pay this guy because if there’s a tree in the middle of the property, he knows that that tree can come down”
KING 5 asked the Seattle Department of Construction and Inspections (SDCI), about the video and the comments made. SDCI's response is below:
"We do not have comment on the video. All permit applications for construction and tree removal go through the same thorough regulatory process with SDCI."
SDCI also tells KING 5, they're investigating complaints that work to cut down a Douglas fir tree in Seattle's Maple Leaf neighborhood, named by activists as Doug the fir, began prematurely over the weekend. Conducting tree work without proper notice can carry a $5,000 fine according to SDCI. The full statement on this matter from SDCI is below:
"A construction permit (6933080-CN) was approved and issued on June 27, 2023, to build a new single-family home with two accessary dwelling units at 341 NE 90th Street. It’s important to note that this permit was reviewed and approved under the former tree code. The new tree protection code went into effect on July 30.
As part of the review process, an arborist report was provided which documented the size and health of trees on the property. One tree in the front (Silver Maple) was deemed an exceptional tree, which are required to be retained unless it makes allowed development infeasible. Per the arborist report and our review, the other trees on site are not of the size or species to be considered exceptional trees. The exceptional tree in the front must be preserved and protected during construction. Other remaining trees, including the 24” Douglas Fir, can be removed and replaced per the approved construction permit.
Since this permit was approved under older rules, a public notice must be posted for three business days before work can begin by the noted tree service provider. Current rules now require a notice for six business days. We received some complaints over the weekend regarding the public notice and tree work beginning prematurely. Our Code Compliance team is investigating and will follow up on the complaints. Conducting tree work without the proper public notice can carry a $5,000 fine."
KING 5 contacted Legacy Group Capital about the ongoing controversy surrounding its Maple Leaf project. An interview was offered, but the company opted to send a statement that did not address the video where Rerucha talks about getting permits to cut down trees and hiring a former city employee to help with that process.
"Legacy Group Capital has obtained all necessary permits and approvals from the Seattle Department of Construction and Inspections (SDCI) to ensure the proper and safe execution of the tree removal involving the Douglas Fir tree. We would like to note that on the same job site, the development plans do preserve an exceptional Silver Maple tree. This is true across numerous job sites; Legacy Group Capital chooses to preserve exceptional trees and carefully integrates them into our projects. Our commitment to responsible development extends beyond regulatory requirements, as we strive to balance progress with environmental stewardship.
In response to the concerns raised by protesters and social media posts, we believe it is important to address a critical aspect that seems to have been overlooked in some discussions. During the time of the incident, activists were observed trespassing and standing below the tree while our team was actively engaged in the limbing process. This behavior posed a significant risk to their safety and the safety of our workers, as well as the general public. While we respect individuals' right to express their viewpoints through peaceful protest, we must emphasize that these actions must be undertaken responsibly and within the bounds of the law."
Chad Davison, the owner of Pacific Tree Management, tells KING 5 he did not know there was controversy surrounding the removal of the Douglas Fir until last Saturday.
"We had no idea there was going to be an issue," Davison said. "If the City of Seattle approves the removal of a tree. I know it's been well vetted and looked into."
Davison was not at the job site when work was halted by community activists. He's seen the video from Saturday. He knows the exchange between his workers and activists was intense, but he can't fault his employees for reacting so strongly.
Since Saturday, Davison's business has been inundated with phone calls, people leaving voicemails, and bad reviews.
Along with bad reviews, Davison says he and his employees have been threatened. At this point, he may decide to drop the project altogether.
"Obviously, no job is worth that kind of pressure," Davison said. "We love the Seattle community. We love working there. We work there on a daily basis and would like to continue working there and would like to find ways to not be at odds with the activist groups.”
Several people against cutting down the Douglas Fir pointed out that Pacific Tree Management is not on SDCI's Tree Service Provider Registry meaning it has not been approved to do work on private property within Seattle city limits. The company is, however, on SDOT'S Tree Service Provider Registry allowing them to do work in the public right-of-way. Davison tells KING 5, he did not know there were two lists and he is actively working to get on SDCI's.
As for the timing of the tree removal, Davison says there was nothing nefarious about the 9 a.m. work time. He insists his company was not trying to avoid detection despite rumors that have been spread. He says that time is what worked best with the company's schedule.
“To do it sneakily would have been to do it midweek at seven in the morning before most people are out of bed," he said. "Not on a Saturday, mid-morning when many people are up."
Davison has spoken to several people who want his company to back out of the job. He's come to the conclusion that even with proper permitting and notification, any company that chooses to cut down the tree will face backlash.
Community activists say everyone should be concerned about the loss of trees in our community and the impact it'll have on the environment. The data backs up their concerns. Seattle has lost 255 acres of tree canopy since 2016 according to a report from the city which noted that's roughly the size of Green Lake.
According to the EPA, trees and other plants help cool the environment, making vegetation a simple and effective way to reduce urban heat islands. Data from the EPA shows shaded surfaces may be 20–45°F cooler than the peak temperatures of unshaded surfaces. Other added benefits of trees include the following: reduced energy use; improved air quality and lower greenhouse gas emissions; improved quality of life.
With all these benefits and more in mind, many community activists are not pleased with the new tree ordinance that passed in the Spring and went into effect on July 30. Don't Clearcut Seattle, a coalition of groups and individuals working to save Seattle's shrinking tree canopy, said the following about the new ordinance:
"While the new legislation (CB120534) is a step forward in the protection of trees on private property not being developed, this legislation actually decreases tree protection during development, and makes it even easier for developers to remove exceptional trees that are outside of the building footprint."
When the new ordinance passed, the city touted it would expand protections to a total of 175,000 trees in the city and create stiffer penalties for unregistered tree servicing performing commercial tree work. The ordinance is also supposed to help with protecting while "creating the housing stock that is desperately needed." Many activists aren't convinced. That is why they're continuing to apply pressure to elected leaders, demanding they come up with a better ordinance that will protect trees in Seattle.