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Tree commission fines homeowner after unauthorized Norway maple removal; owner may plant replacements

3665817 · May 14, 2025
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Summary

The commission levied a standard fine of $1,250 for an unauthorized street‑tree removal of a Norway maple and required replacement planting or payment to the Memorial Tree Fund; commissioners offered the property owner option to plant two smaller trees in lieu of a single replacement.

The Kingston Tree Commission carried a motion Tuesday to assess a $1,250 fine and require replanting after a Norway maple in the public right of way was removed without a permit. The commission also required the property owner to plant replacement trees or pay the equivalent into the city’s Memorial Tree Fund.

Brent (staff member) told the commission the tree company that performed the work said it was not aware the tree occupied the public way. The house had recently been sold, and staff reported stump grinding had already been completed. Brent said the tree showed decay and dead branches but that the removal occurred without a permit.

Commission members proposed options for replacement: either a single large shade tree from the city’s list or two smaller ornamentals where space is tight. Amanda moved the enforcement action; a commissioner seconded and the motion carried unanimously.

Under the commission’s enforcement approach, the fine is coupled with a requirement to plant an equivalent public tree(s) or fund payment. The transcript records the fine amount as $1,250 and the commission’s direction that the property owner plant replacements or contribute to the tree fund; the commission discussed allowing the owner to choose and noted uncertainty about underground utilities for planting placement.

Staff said they would follow up with the property owner about replacement species, permitting and whether the owner or tree company would carry out the planting. The commission also discussed the value of locating and fining contractors who perform unauthorized removals to discourage repeat violations.