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Dueling proposals for a revised Tree Ordinance

Two different amendments to the Tree Preservation Ordinance: One by the Mayor and another by a group of 13 City Councilors (Councilors Malakie, Norton, Leary, Ryan, Wright, Lucas, Humphrey, Bowman, Markiewicz, Oliver, Downs, Laredo, and Grossman). Both proposed amendmets will be discussed by the Programs and Services Committee at its virtual meeting (Zoom link) this Wednesday, September 21, at 7PM (see Agenda).

The Mayor’s proposal (see supporting documents) calls for:

  • Increasing the requirements for replacing larger trees to address their greater environmental importance
  • Adding protections for smaller trees
  • Limiting significantly the removal of trees without replacement
  • Adding effective language that enhances procedures for protecting trees
  • Increasing the payment required for trees cut without replacement
  • Providing the City’s Tree Warden with additional professional input on trees on private property
  • Protecting trees on lots adjacent to construction.

The group of 13 Councilors stated in a memo that its proposal, “goes further, however, and contains crucial provisions to protect our tree canopy.” Their proposal (see supporting documents) calls for:

  • Increasing replacement requirements
  • Adding protections for all trees 6 inches or larger in diameter on all lots, with no exemptions
  • Providing greater protection for replacement trees
  • Increasing the payment requirement for payments in lieu of replacement, for all lots
  • Providing protection for abutters’ trees
  • Requiring notification to all abutters
  • Providing the Tree Warden the authority to direct Inspection Services Division to issue a STOP WORK ORDER

In addition, several Councilors (Malakie, Norton, Lucas, Humphrey, and Oliver) have also proposed a temporary moratorium on tree removals. The moratorium would be for one year or shorter, and would “not apply to tree removal permits already issued, removal of trees that are determined by the Tree Warden to be dead, diseased, in danger of falling, dangerously close to existing structures, causing disruption of public utility service, causing drainage problems or passage problems upon rights-of-way, or posing a threat to pedestrian or vehicular safety,” and would not apply to projects associated with approved special permits.

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