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Council hears suggested changes to tree/forestry ordinance to limit city duty on private trees
Summary
Staff proposed amending Two Rivers’ forestry ordinance to replace a requirement that the city 'must' abate private-tree nuisances with discretionary language and to clarify timelines, certified-arborist use, and liability; council members discussed balancing private-property concerns with public-safety obligations.
City forester and councilmembers discussed proposed revisions to Two Rivers’ forestry and terrace-tree rules at the March 31 meeting, aimed at narrowing instances when the city is compelled to abate trees located on private property.
Staff said the current ordinance language requires the city to act whenever a forester finds a private tree constitutes a public nuisance. The forester proposed changing the wording from "must" to "may be abated" so the city retains discretion and does not automatically assume responsibility for private-property trees unless they pose an immediate public threat. Staff described frequent, complex cases where trees partly overhang public rights-of-way or sidewalks, and said certified-arborist opinions are often needed to determine risk and appropriate remedial action.
Council discussion covered several topics: using certified arborists to assess risk; a proposed increase in the notice period for corrective action (members discussed extending the 30-day notice to 42 days); the administrative burden of evaluating private trees; whether the city should avoid perceived favoritism in enforcement; and options for cost recovery by levying charges against property owners when the city performs abatement. Staff noted that for immediate public-safety hazards (for example, an imminent risk to the right-of-way), the city would still act promptly and that certified-arborist reports would inform those decisions.
Council asked staff to draft ordinance language that clarifies the definition of "public nuisance" (for trees), the conditions under which the city will exercise abatement authority, the process for engaging certified arborists, and the notice and timeline for property owners. No ordinance amendment was adopted at the March 31 meeting.
