(a) No person shall remove a tree larger than three (3) inches in diameter, measured at a point four and one-half (4½) feet above the ground within the urban county government right-of-way without obtaining a permit from the division of environmental services.
(b) The permit shall be granted provided the tree to be removed is dead or dying.
(c) The division of environmental services may issue permits for the removal of live trees only in special circumstances. Instances where a permit for the removal of a live tree may be issued include, but are not limited to, the following:
(1) The tree is a threat to the public safety;
(2) The tree is a threat to the health of other trees in the community; or
(3) The tree is to be replaced by a more desirable tree.
(d) If the division of environmental services determines that a street tree is a hazardous tree, the division can order the property owner to remove the hazardous tree, including the associated stump, in a timely manner, as determined by the division of environmental services at the property owner's expense.
(e) The division of environmental services can order the property owner to remove any street tree, including the associated stump, planted without a permit, or in violation of permit conditions.
(f) Nothing contained in this chapter is intended to infringe on the authority of the urban county engineer, pursuant to KRS 179.070, to remove trees from the right-of-way of any publicly dedicated road when the trees become a hazard to traffic. If a tree is removed from the right-of-way under the authority of the urban county engineer as provided in KRS 179.070, the adjacent property owner shall bear the cost and responsibility of removing any associated stump.
(g) Except as provided in subsection (e) above, any person who removes a tree within the urban county government right-of-way shall replace the removed tree in accordance with the requirements set forth in section 17B-2(b). This requirement may be waived by the division of environmental services where replacement would be inappropriate under the standards set forth in section 17B-2(b).