Kingston consultant outlines proposed tree preservation ordinance; public meeting set April 28, commission asked for letter of support

Brent, a consulting forester who presented a draft tree preservation ordinance to the Kingston Conservation Advisory Council, summarized the proposal and asked the council to consider a letter of support ahead of the City Council caucus in early June. The city will hold a public information meeting on the draft at City Hall on Monday, April 28 at 6 p.m.; the draft then could be considered by the Laws & Rules committee at its May 21 meeting and taken to the Common Council caucus on June 2 for possible council action.

The ordinance, a roughly 30‑page draft posted on the city’s urban forestry page, would expand protections beyond the current code (Chapter 373) and create clearer rules for trees during development. "This ordinance increases protections for Kingston's largest trees that are on both public and private property," Brent said during his presentation, describing three core changes: formal valuation of large trees, a clear protection zone for trees during construction, and replacement or reproduction‑cost requirements instead of the existing fine structure.

Nut graf: The proposed ordinance would apply to trees on public property and to private trees that meet a size threshold (6 inches diameter at breast height), require calculated replacement plantings or a basic reproduction cost if a protected tree is removed, and add public‑notice and administrative transparency requirements that proponents say will limit unexpected removals and increase accountability for city projects and developers.

Among specifics Brent described: the city’s last street‑tree inventory dates to 2018, and staff plan to apply for DEC grant funding in the fourth quarter to update that inventory; the draft ordinance calls for formal calculations to determine the number and size of replacement nursery trees (the "basic reproduction cost" formula used by professional arboriculture bodies such as the International Society of Arboriculture); and the measure would define a tree protection zone (often the drip line) that would keep heavy machinery and materials storage out of critical root zones during construction.

The draft would replace a discretionary fine that has been recently raised to about $1,250 with a requirement to replace lost canopy value through plantings or a calculated financial payment. Brent said the measure is intended to preserve canopy cover and reduce urban heat‑island impacts in low‑canopy blocks near City Hall where coverage is roughly 16 percentage points lower than other parts of Kingston. He said the draft includes exemptions and streamlined processes for hazardous trees and for species on the ordinance’s invasive‑species list so homeowners can remove clearly problematic volunteers without the full permitting process.

Commission members raised implementation questions and neighborhood equity concerns: whether the replacement requirement would be equally enforceable for large properties with deep backyards; how replacement species will be selected to avoid pollen or invasive‑species problems; and how the city would treat removals tied to sidewalk or streetscape engineering projects. Brent said the administration intends to keep the approved tree species list as a separate, frequently updated document on the urban forestry page and that the ordinance would place requirements on the city’s own projects as well as on private applicants, although the city cannot charge itself for a tree valuation the same way it would require a private property owner to fund replacement plantings.

Brent urged CAC members to attend the April 28 public information meeting and said he hoped the commission could draft a letter of support to reach the Common Council caucus deadline; he noted the caucus date and related schedule for Laws & Rules and the full Council. The commission discussed reviewing the draft and sending comments directly to Brent ahead of the Laws & Rules review; several members said they would read the full draft and forward suggested edits to the presenter prior to the commission's May meeting.

Ending: The draft is still in the local review stage; the public information meeting April 28 is the next scheduled public event, Laws & Rules is slated to review the measure May 21, and the Common Council caucus currently is scheduled for June 2. The commission did not take a formal vote on the ordinance at this meeting but agreed to consider preparing a letter of support and to submit comments in writing in advance of the council process.