Definitions

12 V.I.C. § 134 — under Community and Heritage Tree Law.

12 V.I.C. § 134

(1) In this chapter:(1) “ANSI” means the American National Standards Institute.(2) “Arborist” means a certified expert on tree care and maintenance certified by an institution, such as the International Society of Arboriculture.(3) “Care” means that which is required to maintain the maximum possible health and vigor of a tree or shrub.(4) “Contractor” means a person, company or organization employed to supply necessary skills and services in planting, surveying, assessment, inventory, evaluation, pruning, trimming or removing trees and shrubs.(5) “Damage” means physical or chemical injury or harm by man or nature done to any tree or shrub.(6) “Diameter at Breast Height - (dbh)” means the total sectional diameter of a tree trunk or trunks measured 4.5 feet from the ground level.(7) “Heritage tree” means any tree, public or private, which is determined pursuant to this chapter to be of intrinsic value to the general public because of its species, size, age, location, ecological importance, historical and cultural significance, aesthetic value, economic benefit, special character, or community benefit. Heritage trees include: trees around historic structures, “jumbie trees”, and the largest or tallest trees of a species.(8) “ISA” means the International Society of Arboriculture.(9) “Private tree” means a tree or shrub not on publicly-owned land or within a public street right-of-way.(10) “Prune” means to remove dead or living parts from a tree or shrub so as to increase health, vigor and form or reduce hazard.(11) “Public road” means a road the title to which, or the easement for the use of which, is vested in a public body or governmental agency, such as the Government of the Virgin Islands.(12) “Public nuisance tree” means a tree or shrub that threatens the safety of the public, persons or public infrastructure. It includes trees and shrubs whose branches, trunks or roots unreasonably interfere with the flow of vehicular traffic on public roads and rights-of-way by impeding the movement of vehicles and pedestrians, or the visibility to drivers, and trees and shrubs whose branches, trunks or roots unreasonably interfere with electric power transmission lines, telephone lines and cable lines or trees having large dead limbs hanging over public roadways.(13) “Public tree” means a tree or shrub on publicly owned land or within the right-of-way of a public street.(14) “Recommended tree list” means a list of tree species, including native species, approved by the Virgin Islands Tree Board that are suitable for planting on specific sites and for specific conditions within the right-of- way of a public road.(15) “Right-of-way of a public road” means land the title to which, or an easement for which, is held by the Federal or Territorial government for use as a public road.(16) “Roadside tree” means a plant that has a woody stem or trunk that grows in, or partially within, the right-of-way of a public road.(17) “Territorial Forester” means the Commissioner of Agriculture or another person appointed by the Governor as the head of a Virgin Islands forestry agency tasked by the United States Forest Service to provide territory-wide leadership in forestry matters; to deliver, through the Urban and Community Forestry Program, support to communities by developing partnerships, disseminating technical guidance and information, and to provide financial support for the establishment and growth of Urban and Community Forestry Programs.(18) “Shrub” means any self-supporting, woody, perennial plant growing upon the earth that usually produces several branches without any distinct head and usually does not exceed 10 feet in height at maturity.(19) “Tree” means a woody plant with a central trunk emerging from ground and acquiring a minimum height of 10 feet at maturity.(20) “Virgin Islands Tree Board” or “Tree Board” means the body that advises the Virgin Islands Urban Foresters and provides guidance on best management practices and evaluation regarding trees in road right-of-ways and other public places in the Virgin Islands.(21) “Urban and Community Forestry Program” or “U&CF Program” means a program through which information and technical assistance is provided to the Government of the Virgin Islands and others and encourages cooperative efforts to plan urban forestry programs and to evaluate, assess, plant, protect, maintain and utilize trees in urban areas with specific, stated program goals.(22) “Urban Forest” means individual trees and shrubs that grow in and around urban and suburban communities, including by roadsides on public and private lands and provide social and ecosystem services to the human communities around them.(23) “Virgin Islands Urban Foresters” or “Urban Foresters” means the forestry and tree care professionals who are primarily responsible for addressing issues related to public trees, reviewing and responding to permit applications and for regulating and advising on planting, pruning and removal of urban trees. Urban Foresters also support appropriate forest and tree preservation activity, conduct research and promote the benefits of urban forestry.

(1) “ANSI” means the American National Standards Institute.

(2) “Arborist” means a certified expert on tree care and maintenance certified by an institution, such as the International Society of Arboriculture.

(3) “Care” means that which is required to maintain the maximum possible health and vigor of a tree or shrub.

(4) “Contractor” means a person, company or organization employed to supply necessary skills and services in planting, surveying, assessment, inventory, evaluation, pruning, trimming or removing trees and shrubs.

(5) “Damage” means physical or chemical injury or harm by man or nature done to any tree or shrub.

(6) “Diameter at Breast Height - (dbh)” means the total sectional diameter of a tree trunk or trunks measured 4.5 feet from the ground level.

(7) “Heritage tree” means any tree, public or private, which is determined pursuant to this chapter to be of intrinsic value to the general public because of its species, size, age, location, ecological importance, historical and cultural significance, aesthetic value, economic benefit, special character, or community benefit. Heritage trees include: trees around historic structures, “jumbie trees”, and the largest or tallest trees of a species.

(8) “ISA” means the International Society of Arboriculture.

(9) “Private tree” means a tree or shrub not on publicly-owned land or within a public street right-of-way.

(10) “Prune” means to remove dead or living parts from a tree or shrub so as to increase health, vigor and form or reduce hazard.

(11) “Public road” means a road the title to which, or the easement for the use of which, is vested in a public body or governmental agency, such as the Government of the Virgin Islands.

(12) “Public nuisance tree” means a tree or shrub that threatens the safety of the public, persons or public infrastructure. It includes trees and shrubs whose branches, trunks or roots unreasonably interfere with the flow of vehicular traffic on public roads and rights-of-way by impeding the movement of vehicles and pedestrians, or the visibility to drivers, and trees and shrubs whose branches, trunks or roots unreasonably interfere with electric power transmission lines, telephone lines and cable lines or trees having large dead limbs hanging over public roadways.

(13) “Public tree” means a tree or shrub on publicly owned land or within the right-of-way of a public street.

(14) “Recommended tree list” means a list of tree species, including native species, approved by the Virgin Islands Tree Board that are suitable for planting on specific sites and for specific conditions within the right-of- way of a public road.

(15) “Right-of-way of a public road” means land the title to which, or an easement for which, is held by the Federal or Territorial government for use as a public road.

(16) “Roadside tree” means a plant that has a woody stem or trunk that grows in, or partially within, the right-of-way of a public road.

(17) “Territorial Forester” means the Commissioner of Agriculture or another person appointed by the Governor as the head of a Virgin Islands forestry agency tasked by the United States Forest Service to provide territory-wide leadership in forestry matters; to deliver, through the Urban and Community Forestry Program, support to communities by developing partnerships, disseminating technical guidance and information, and to provide financial support for the establishment and growth of Urban and Community Forestry Programs.

(18) “Shrub” means any self-supporting, woody, perennial plant growing upon the earth that usually produces several branches without any distinct head and usually does not exceed 10 feet in height at maturity.

(19) “Tree” means a woody plant with a central trunk emerging from ground and acquiring a minimum height of 10 feet at maturity.

(20) “Virgin Islands Tree Board” or “Tree Board” means the body that advises the Virgin Islands Urban Foresters and provides guidance on best management practices and evaluation regarding trees in road right-of-ways and other public places in the Virgin Islands.

(21) “Urban and Community Forestry Program” or “U&CF Program” means a program through which information and technical assistance is provided to the Government of the Virgin Islands and others and encourages cooperative efforts to plan urban forestry programs and to evaluate, assess, plant, protect, maintain and utilize trees in urban areas with specific, stated program goals.

(22) “Urban Forest” means individual trees and shrubs that grow in and around urban and suburban communities, including by roadsides on public and private lands and provide social and ecosystem services to the human communities around them.

(23) “Virgin Islands Urban Foresters” or “Urban Foresters” means the forestry and tree care professionals who are primarily responsible for addressing issues related to public trees, reviewing and responding to permit applications and for regulating and advising on planting, pruning and removal of urban trees. Urban Foresters also support appropriate forest and tree preservation activity, conduct research and promote the benefits of urban forestry.